Puerto Rican government-debt crisis

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The Puerto Rican debt crisis is an ongoing financial crisis related to the amount of debt owed by the government of Puerto Rico. The island has more than US$70 billion of outstanding debt, with a debt-to-GDP ratio of about 68%.[a] In February 2014, various American credit rating agencies downgraded the government's debt to non-investment grade.

The crisis has caused Puerto Rico's government to adopt policies that will ideally reduce costs drastically, increase revenues, and spark economic growth so that its debt obligations can be better funded. Puerto Rico's economy has been described as precarious, weak, and fragile, and aggravated by social distrust and unpleasantness.[b][c]

On August 3, 2015, Puerto Rico defaulted on a $58 million bond payment to the Public Finance Corporation, a subsidiary of the Government Development Bank, while other financial obligations were met.[3]

In June 2016, President Barack Obama signed into law the PROMESA, which empowered him to appoint an oversight board that has ultimate control over the Commonwealth's budget and its debt restructuring. The oversight board extended a moratorium on debt collection lawsuits by creditors until May 1, 2017.[4] Creditors sued as soon as the stay expired, and on May 3, 2017, the Commonwealth sought the quasi-bankruptcy protections provided by PROMESA.

Background[edit]

A map of Puerto Rico, with the major economic cities marked
Puerto Rico's budget expenses in relation to its debt obligations. Almost 9.6%—or about $1.5 billion—of Puerto Rico's central government budget expenses for FY2014 was expected to be spent on debt service.[d]

Beginning with Christopher Columbus's arrival on the island in 1493, Spain colonized Puerto Rico.[6] In 1898, Puerto Rico was ceded to the United States, at the end of the Spanish–American War.[6] The United States then refused to pay the colony's creditors, asserting they held odious debt.[7]

Prior to 1898, the people of Puerto Rico had Spanish citizenship; after Puerto Rico stopped being part of Spain, the people of Puerto Rico effectively lacked citizenship from a sovereign country: they were neither Puerto Rican citizens, nor American citizens, nor Spanish citizens. In April 1900, President William McKinley signed the Foraker Act, which allowed popular election of only the House of Representatives of Puerto Rico.[6]

In the Insular Cases, the Supreme Court of the United States, determined that the United States Constitution does not fully apply in Puerto Rico because it is an "unincorporated" United States territory, meaning that it would not necessarily become a U.S. state.[6]

The U.S. Supreme Court reaffirmed Puerto Rican citizenship in Gonzales v. Williams (1904), which denied that Puerto Ricans were United States citizens and labeled them as non-citizen US nationals.[8] This ruling effectively protected Puerto Ricans from conscription in the United States. In March 1917, while preparing to enter World War I, President Woodrow Wilson signed the Jones–Shafroth Act, which gave Puerto Ricans citizenship of the United States and allowed popular election of the Senate of Puerto Rico.[6] After the President declared war in April 1917, many Puerto Ricans were then drafted.

The Jones-Shaforth Act exempted Puerto Ricans from paying federal income tax and provided a tax credit that allowed U.S. companies to effectively operate tax free on the island.[6] The act exempted interest payments from bonds issued by the government of Puerto Rico and its subdivisions from federal, state, and local income taxes (so called "triple tax exemption") regardless of where the bond holder resided.[e][f] This right made Puerto Rican bonds attractive to municipal bond investors.[f][g] This advantage differs from the restriction typically imposed by municipal bonds enjoying triple tax exemption where such exemptions solely apply for bond holders that reside in the state or municipal subdivision that issues them.

This factor led Puerto Rico to issue bonds that were always attractive to municipal investors, regardless of Puerto Rico's account balances.[h] Puerto Rico thus began to issue debt to balance its budget, a practice repeated for four decades since 1973.[11] The island also began to issue debt to repay older debt, as well as refinancing older debt possessing low interest rates with debt possessing higher interest rates.[12] In 1984, Congress explicitly forbade Puerto Rico from declaring bankruptcy under Chapter 9, Title 11, United States Code.[13]

Between 1996 and 2006, Congress eliminated the tax credits, causing the island to lose 80,000 jobs, its population to shrink, and its economy to contract in all but one year since the Great Recession.[14] Because the Constitution of Puerto Rico established that "all available resources" must first go towards payment of the Commonwealth's general obligation bonds, in 2006, the Commonwealth began issuing Puerto Rico Sales Tax Revenue Bonds, to avoid its constitution's limits by being paid directly into a separate urgent interest fund.[13] Sales tax was increased to 11%.[15] The last property tax assessment was done in 1958.[15]

It was not until Puerto Rico enlarged its outstanding debt to $71 billion—an amount approximately equal to 68% of Puerto Rico's gross domestic product (GDP)—that Puerto Rican bonds were downgraded to non-investment grade (better known as "junk status" or speculative grade) by three bond credit rating agencies between February 4 and 11, 2014.[16] This downgrade triggered bond acceleration clauses that required Puerto Rico to repay certain debt instruments within months rather than years.[i] Investors were concerned that Puerto Rico would eventually default on its debt.[j] Such a default would reduce Puerto Rico's ability to issue bonds in the future. Puerto Rico currently states that it is unable to maintain its current operations unless it takes drastic measures that may lead to civil unrest. There have already been protests over the austerity measures.[k][l] These events, along with a series of governmental financial deficits and a recession, have led to Puerto Rico's current debt crisis.

Causes[edit]

Cessation of federal subsidies[edit]

For much of the 20th century Puerto Rico was subject to favorable tax laws from the US federal government, which essentially acted to subsidize the island's economy. In 1996, US President Bill Clinton signed legislation phasing out important parts of the favorable federal tax code over a ten-year period ending in 2006.[17][18] The end of the subsidies led to companies fleeing the island which itself subsequently led to tax shortfalls. At first, the Puerto Rican government tried to make up for the shortfall by issuing bonds. The government was able to issue an unusually large number of bonds, due to dubious underwriting from financial institutions such as Spain's Santander Bank, UBS, and Citigroup.[19][20][21] Eventually the debt burden became so great that the island was unable to pay interest on the bonds it had issued.

Mismanagement and disparity[edit]

Some newspapers, such as El Vocero, have stated that the main problem is local government inefficiency rather than lack of funds.[m][n] As an example, the Department of Treasury of Puerto Rico is incapable of collecting 44% of the Puerto Rico Sales and Use Tax (or about $900 million), did not match what taxpayers reported to the department with the income reported by the taxpayer's employer through Form W-2s, and did not collect payments owed to the department by taxpayers that submitted tax returns without their corresponding payments.[o][24][25] The treasury department also tends to publish its comprehensive annual financial reports (CAFRs) late, sometimes 15 months after a fiscal year ends, while the government as a whole constantly fails to comply with its continuing disclosure obligations on a timely basis.[26][p] Furthermore, the government's accounting, payroll and fiscal oversight information systems and processes also have deficiencies that significantly affect its ability to forecast expenditures.[q]

Similarly, salaries for government employees tend to be quite disparate when compared to the private sector and other positions within the government itself. For example, a public teacher's base salary starts at $24,000 while a legislative advisor starts at $74,000. The government has also been unable to set up a system based on meritocracy, with many employees, particularly executives and administrators, simply lacking the competencies required to perform their jobs.[r][s]

There are 78 municipalities of Puerto Rico, which budget $2.2 billion a year, with mayors' salaries alone costing $4.8 million.[29] Thirty-six of these have a budget deficit, putting 46% of the municipalities in financial stress.[30] Each municipality’s elected legislature, usually including 1,000 to 1,500 members, receive per diems and expense money.[29] Just like the central government, the municipalities would issue debt through the Puerto Rico Municipal Financing Agency to stabilize its finances rather than make adjustments. In total, the combined debt carried by the municipalities of Puerto Rico account for $3.8 billion or about 5.5% of Puerto Rico's outstanding debt.[t][u]

During the New Deal, appointed Governor Rexford Tugwell created the Puerto Rico Electric Power Authority by nationalizing the island’s private utilities.[15] The state monopoly provides free electricity to local governments, which prompted the Mayor of Aguadilla, Puerto Rico, to build an ice-skating rink.[15] PREPA, which uses oil-fired power plants, has had opaque purchasing practices, and has resisted wind and solar power projects, has a debt of $9 billion.[15]

PREPA has had poor bill collection practices, with FTI Consulting estimating that the utility had improperly given away $420 million of electricity and that the island's governments were $300 million delinquent in payments.[15] In 2012, the Puerto Rico Ports Authority was forced to sell the Luis Muñoz Marín International Airport to private buyers after PREPA threatened to cut off power over unpaid bills.[15] In 2014, the Puerto Rico Energy Commission was established.[15]

Economic depression[edit]

Puerto Rico has been experiencing an economic depression for 12 consecutive years, starting in late 2005 after a series of deficits and the expiration of the section 936 that applied to Puerto Rico of the U.S. Internal Revenue Code. [v]

Tax policy[edit]

A federal statute that contributed to the crisis was the expiration of section 936 of the U.S. Internal Revenue Code, which applied to Puerto Rico.[w] This section was critical for the economy of the island as it established tax exemptions for U.S. corporations that settled in Puerto Rico and allowed its subsidiaries operating in the island to send their earnings to the parent corporation at any time, without paying federal tax on corporate income. The economy of the island was significantly reliant on the additional investment and spending generated by companies taking advantage of this provision, and has been unable to replace that benefit after its loss.[w]

Disparity in federal social funding[edit]

More than 60% of Puerto Rico's population receives Medicare or Medicaid services, with about 40% enrolled in Mi Salud, the Puerto Rican Medicaid program.[33] There is a significant disparity in federal funding for these programs when compared to the 50 states, a situation started by Congress in 1968 when it placed a cap on Medicaid funding for United States territories.[33] This has led to a situation where Puerto Rico might typically receive $373 million in federal funding a year, while, for instance, Mississippi receives $3.6 billion.[33] Not only does this situation lead to an exodus of underpaid health care workers to the mainland, but the disparity has had a major impact on the finances of Puerto Rico.[33]

Triple tax exemption[edit]

Interest income paid to owners of bonds issued by the government of Puerto Rico and its subdivisions is exempt from federal, state, and local taxes (so called "triple tax exemption").[f] Unlike most other US triple tax-exempt bonds, Puerto Rican bonds retain tax exemption regardless of where the bond holder resides in the United States,[e][f][g] a marketing and sales advantage consequent to the restriction typically imposed on municipal bonds with triple tax exemption in which exemptions are available to bond holders that reside within the state or municipal subdivision that issues the bonds. Triple tax-exempt bonds are considered subsidized because bond issuers can offer a lower interest rate to satisfy bond holders; as a result, Puerto Rico can issue more debt.[clarification needed]

Downgrade[edit]

Puerto Rico was effectively downgraded to non-investment grade on February 4, 2014 by Standard & Poor's when it downgraded Puerto Rico's general obligation debt (GO) from BBB- status to BB+, one level below investment grade.[34] The agency cited liquidity concerns for its downgrade and maintained a negative outlook on its watch.[35] Moody's would follow three days later by downgrading Puerto Rico's GO debt on February 7, 2014 from Baa3 to Ba2, two levels below investment grade.[36] Moody's, however, cited lack of economic growth for its downgrade while assigning a negative outlook to the government's ratings. Fitch Ratings would be the last to downgrade on February 11, 2014 by downgrading Puerto Rico's GO debt from BBB- to BB, two levels below investment grade.[16] Fitch cited both liquidity concerns and lack of economic growth for its downgrade while assigning a negative outlook to the government's ratings.

Each of these downgrades triggered several acceleration clauses which forced Puerto Rico to repay certain debt instruments within months rather than years.[i]

2015 Forbearance[edit]

On June 28, 2015, Governor García Padilla admitted publicly that, "the debt is not payable", and that, if the government was unable to grow the economy, "we will be in a death spiral".[x][y] Previous to Padilla's admittance, various government instruments had already entered into forbearance agreements with their lenders, but the warning still provoked a drop in Puerto Rican bonds and stocks.[38][39]

Reactions to the crisis[edit]

Local market[edit]

Around $30 billion, or about 42% of Puerto Rico's outstanding debt, is owned by residents of Puerto Rico.

Residents of Puerto Rico and local businesses are the parties most affected by government cuts and increased taxes imposed in order to stabilize the island's finances. Michele Caruso from CNBC reported on January 24, 2014 that, "Taxes and fees went up on nearly everything and everyone. Personal income taxes, corporate taxes, sales taxes, sin taxes, and taxes on insurance premiums were hiked or newly imposed. Retirement age for teachers was raised from as low as 47 to at least 55 for current teachers, and 62 for new teachers."—a significant cost to bear for a country with a purchasing power parity (PPP) per capita of $16,300 and with 41% of its population living below the poverty line.[z][1]

The legislative assembly, together with the governor, also reduced operating deficits, and reformed the public employees', teachers', and judicial pension systems.[aa] They also announced the intent to further reduce appropriations in the current fiscal year by $170 million and budget for balanced operations for the upcoming fiscal year.[ab]

As another countermeasure, the 17th Legislative Assembly of Puerto Rico enacted a bill on March 3, 2014, allowing the Puerto Rico Government Development Bank to issue $3.5 billion in bonds to recover its liquidity. The Governor promptly signed the bill the day after, effectively becoming law as Act 34 of 2014 (Pub.L. 2014-34).[41][42]

U.S. municipal market[edit]

Nearly 70% of U.S.-based municipal bond funds own Puerto Rican bonds or have some kind of exposure to Puerto Rico.[ac] A notable cause for this tendency is the fact that Puerto Rican bonds are triple tax-exempt in all of the states regardless of where the bond holder resides.[f] Despite the expected impact, preemptive measures actually slowed the damage of the downgrade's fallout.[43] When the downgrade began being perceived as imminent, investors were warned that it would affect the municipal market in general and concerns surrounding a worst-case default scenario were already being considered.[44] However, by the end of February 2014, municipal bond funds that relied on specific debt were already experiencing the backlash, leaving portfolio managers with fewer options in the market.[45] Organizations such as First Investors made it clear that they did not intend to invest in Puerto Rico for a prolonged time period, at least until Puerto Rican bonds were restored to investment grade.[45]

Skepticism[edit]

Several experts,[citation needed] including Senator Ángel Rosa, have expressed that Puerto Rico's debt is simply impossible to repay, and have thus recommended that Puerto Rico should instead negotiate payback terms with bond holders.[46] Others, such as economist Joaquin Villamil, have deemed it necessary that Puerto Rico issues debt at least once more to return liquidity to the Puerto Rico Government Development Bank and be henceforth able to repay its debt.

Some, like House Minority Whip Jennifer González, claim the crisis is mere propaganda created so that the incumbent political party can enact, amend, and repeal laws that would otherwise be unable to justify.[ad][ae] Others, such as the President of the Senate of Puerto Rico Eduardo Bhatia, claim the crisis was created by ruthless investors wishing to profit from credit downgrades.[48]

Proposed solutions[edit]

Restructuring of debt[edit]

In June 2015, Governor Padilla announced the Commonwealth was in a "death spiral" and "the debt is not payable."[49] The government of Puerto Rico commissioned an analysis of its financial problems asking for solutions that resulted in the "Krueger Report" published in June 2015.[50] The report called for structural and fiscal reforms as well as for a restructuring of outstanding debts.[51]

One month later, a report was published that rejected the need for debt restructuring. It was commissioned by a group of 34 hedge funds that specialize in distressed debt —sometimes referred to as vulture funds— who had hired economists with an IMF background. Their report indicated that Puerto Rico has a fixable deficit problem, not a debt problem. It recommended improvements to tax collection and a reduction of public spending.[52] The report also recommended consideration of public private partnerships and the monetization of government-owned buildings and ports. The report made use of data of the Krueger Report and warned that the costs of default would be high.[52] One of the authors opined that Puerto Rico has been "massively overspending on education".[53] Detractors remark that Puerto Rico's spending on education is only 79% of the U.S. average per pupil while supporters remark that, when compared to Puerto Rico's GDP, such spending is extraordinarily high.[53]

In response to the hedge fund report, Víctor Suárez Meléndez, chief of staff of the governor of Puerto Rico, indicated that "extreme austerity [alone] is not a viable solution for an economy already on its knees".[53]

On October 14, 2015, the Wall Street Journal reported that "U.S. and Puerto Rican authorities were discussing the possibility of issuing a "superbond" as part of a restructuring package". This plan would have a designated third party administer an account holding some of the island's tax collections and those funds would be used to pay holders of the superbond. The existing Puerto Rican bondholders would take a haircut on the value of their current bond holdings.[54]

Debt nullification[edit]

Manuel Natal and some other lawmakers have proposed not to pay that part of the debt that may have been issued in violation of the Puerto Rican constitution.[55] This strategy of "debt nullification" has been used elsewhere in the U.S. and is likely to lead to a legal challenge by creditors.[55]

Change in autonomy[edit]

Puerto Rico's financial problems are closely related to its ambiguous legal status under U.S. law; it is an unincorporated territory like American Samoa or Guam. Proposed solutions are to reconsider its political status so that either its autonomy would be enhanced or it would be entitled to have similar protections and rights as bestowed by statehood.[56]

Bankruptcy[edit]

On June 28, 2014, Governor Padilla signed into law the "Puerto Rico Public Corporation Debt Enforcement and Recovery Act", which sought to allow corporations owned by the Commonwealth, such as the Puerto Rico Electric Power Authority, the Puerto Rico Aqueducts and Sewers Authority, and the Puerto Rico Highways and Transportation Authority to declare bankruptcy.[57] However, in February 2015, U.S. District Judge Francisco Besosa found the act was void because it was preempted by the U.S. Bankruptcy Code.[58] In July 2015, that ruling was affirmed by the United States Court of Appeals for the First Circuit, with Justice Juan R. Torruella concurring only in the judgment.[59] The following June, in Puerto Rico v. Franklin California Tax-Free Trust (2016), that ruling was additionally affirmed by a U.S. Supreme Court in a vote of 5-2, with Justice Sonia Sotomayor dissenting.[60]

Puerto Rico or any of its political subdivisions and agencies cannot file for debt relief under Chapter 9, Title 11, United States Code because it applies only to municipalities on the mainland.[54] Puerto Rico's nonvoting representative in the US House of Representatives, Pedro Pierluisi, introduced H.R. 870 in February 2015 seeking to give Puerto Rico's public agencies and municipalities access to chapter 9. In the US Senate, members submitted similar legislation in July 2015, but neither bill was enacted.[61] In December 2015, the New York Times addressed investments in Puerto Rico securities by major distressed-debt and other hedge funds. John Paulson’s firm Paulson & Co., Appaloosa Management founded by David Tepper, Marathon Asset Management, BlueMountain Capital Management and Monarch Alternative Capital were amongst purchasers of bonds in March 2014. The Times also traced opposition from the hedge funds, US Senator Marco Rubio, and Jenny Beth Martin of Tea Party Patriots to Congressional bills which would expand public-authority bankruptcy restructuring options.[62]

Puerto Rico Oversight, Management and Economic Stability Act (PROMESA)[edit]

On June 30, 2016, President Barack Obama signed the Puerto Rico Oversight, Management and Economic Stability Act, or PROMESA, which empowered him to appoint a seven-member Financial Oversight and Management Board that has ultimate control over the Commonwealth's budget and would negotiate the Commonwealth's debt restructuring.[6] With the protection this bill gave from lawsuits, the governor of Puerto Rico, Alejandro Garcia Padilla, suspended payments due on July 1.[63]

PROMESA enables the island's government to enter a bankruptcy-like restructuring process and halts litigation in case of default. The task of the Oversight Board is to facilitate negotiations, or, if these fail, bring about a court-supervised process akin to a bankruptcy. The Board is also responsible for overseeing and monitoring sustainable budgets.[63] The Oversight Board is additionally empowered to institute hiring freezes, prohibit the Commonwealth from entering contracts, and sell off assets such as, controversially, public parks.[7] The Oversight Board meets in New York City.[7]

2017 debt restructuring and effective bankruptcy[edit]

La Fortaleza, the Governor of Puerto Rico's mansion, built in 1533

By mid January 2017, the bond debt had reached $70 billion, in a territory with a 45 percent poverty rate and a double digit unemployment (12.4%, Dec. 2016) that is more than twice the mainland U.S. average.[64] The debt had been increasing during a decade long recession.[65]

The Commonwealth defaulted on many debts, including bonds, since 2015.[66] By mid-January, the cash-strapped government was having difficulty maintaining health care funding.[67] "Without action before April, Puerto Rico’s ability to execute contracts for Fiscal Year 2018 with its managed care organizations will be threatened, thereby putting at risk beginning July 1, 2017 the health care of up to 900,000 poor U.S. citizens living in Puerto Rico," according to a letter sent to Congress by the Secretary of the Treasury and the Secretary of Health and Human Services. They also said that "Congress must enact measures recommended by both Republicans and Democrats that fix Puerto Rico’s inequitable health care financing structure and promote sustained economic growth."[67]

In January 2017, newly elected Governor Ricardo Rosselló entered office expecting a $3 billion budget deficit, only to discover the deficit was actually $7.5 billion.[68] He proposed austerity measures cutting payments to government pensioners, who do not receive U.S. social security, by 10%, prompting criticism from the island's chapter of the Service Employees International Union.[68]

Governor Rosselló discussed the situation in an interview with the international Financial Times in January and indicated that he would seek an amicable resolution with creditors and also make fiscal reforms. "There will be real fiscal oversight and we are willing to sit down. We are taking steps to make bold reforms. ... What we are asking for is runway to establish these reforms and have Washington recognize that they have a role to play." He had instructed Puerto Rican government agencies to cut operating expenses by 10 per cent and reduce political appointees by 20 percent. With debt payments due, he faced the risk of a government shutdown.[66]

Initially, the oversight board created under PROMESA called for Puerto Rico's governor to deliver a fiscal turnaround plan by January 28. Puerto Rico must reach restructuring deals with its creditors to avoid a bankruptcy-like process under PROMESA.[69] In late January 2017, the control board extended the deadline it gave the government to February 28 to present a fiscal plan which including negotiations with creditors for restructuring debt. A moratorium on lawsuits by debtors was extended to May 31.[70]

Governor Rosselló hired investment expert Rothschild & Co in January 2017 to assist in convincing creditors to take deeper losses on Puerto Rico's debts than they had publicly expected. According to reliable sources, the company also explored the possibility of convincing insurers that had guaranteed some of the bonds against default to contribute more to the restructuring. The governor also planned to negotiate restructuring of about $9 billion of electric utility debt, a plan that could result "in a showdown with insurers". Political observers suggest that his negotiation of the electrical utility debt indicated Rosselló's intention to take a harder line with creditors. Puerto Rico has received authority from the federal government to reduce its debt with legal action and this may make creditors more willing to negotiate instead of becoming embroiled in a long and costly legal battle.[71] In late January, the Oversight Board set up under PROMESA gave the Commonwealth until February 28 to present a fiscal plan (including negotiations with creditors) to solve the problems.

By the end of February the Oversight Board's plan with its focus on repayment of debts was criticized by economists Joseph E. Stiglitz and Martin Guzman positing that the Board lacks "any understanding of basic economics and democratic accountability".[72] With the Board's focus on debt service leading to a predicted 16.2% decline in GNP for the next fiscal year with a further decline expected, "a social (and) economic catastrophe" would be "all but guarantee(d)".[72] Stieglitz and Guzman were proposing that steps to enhance economic growth and not repayments should be at center of a viable plan to solve the crisis. Similarly, an internal survey conducted by the Puerto Rican Economists Association revealed that the majority of Puerto Rican economists reject the policy recommendations of the Board and the Rosselló government on similar grounds.[73]

Owners of the Commonwealth’s general obligation bonds, which are protected by the island's constitution, and Puerto Rico Sales Tax Revenue Bonds, which are paid directly into a trust rather than the Commonwealth's treasury, are in conflict over who holds the senior debt.[74]

In March 2017, Governor Rosselló was given permission from the Oversight Board to offer the creditors a plan that would repay less than a quarter of debts.[75] At May Day protests residents angry about the Governor's proposed subsidy cuts shouted "Ricky is selling the island!"[14]

As soon as a court stay expired on May 2, 2017, bondholders and a bond insurer sued the Commonwealth for full and timely debt repayment.[76] On May 3, Governor Rosselló reacted by asking the Oversight Board to file in federal district court for debt relief under PROMESA, proceedings which will be very similar to bankruptcy.[76] On May 5, Chief Justice John Roberts assigned the case to Judge Laura Taylor Swain of the United States District Court for the Southern District of New York.[13] That day, the Puerto Rico Department of Education announced plans to close 184 schools.[68]

The Commonwealth's $123 billion liabilities from debt ($74 billion) and unfunded pension obligations ($49 billion) are much larger than the $18 billion Detroit bankruptcy, the prior record holder.[76] The debt restructuring procedure will also be unprecedented in that it is governed by Title III of PROMESA instead of Chapter 9 of the U.S. Bankruptcy Code.[76]

See also[edit]

Notes[edit]

  1. ^ Caruso Cabrera (2014) "The island, a territory of the United States, is in the midst of a debt crisis."[1]
  2. ^ GDB (2014) "The Commonwealth’s very high level of debt may affect the performance of the economy and government revenues."[2]
  3. ^ GDB (2014) "The Commonwealth [...] will be required to reduce the amount of resources that fund other important governmental programs and services in order to balance its budget."[2]
  4. ^ PRGDB "Financial Information and Operating Data Report to October 18, 2013" p. 142[5]
  5. ^ a b Pub.L. 64–145 §3 "[...] all bonds issued by the government of Porto Rico, or by its authority, shall be exempt from taxation by the government of the United States, or by the government of Porto Rico or of any political or municipal subdivision thereof, or by any state, or by any county, municipality, or other municipal subdivision of any state or territory of the United States, or by the District of Columbia."
  6. ^ a b c d e Caruso Cabrera (2013) "That's because the island's bonds have what's known as "triple exemption." No matter what state you live in, if you own a Puerto Rico bond, you don't pay federal, state or local taxes on the interest."[1]
  7. ^ a b Roos "Some taxpayers also have to pay state and local income taxes, depending on where they reside. In this case, a triple tax-free municipal bond—exempt from federal, state and local taxes—is highly attractive."[9]
  8. ^ Ismalidou; Trianni (2014) "Puerto Rico’s over-borrowing was facilitated by an eager group of U.S. investors. U.S. mutual funds were more than willing to buy Puerto Rico bonds, because the island has a special financial advantage: its bonds are triple tax-exempt [...] This created a large buyers base for Puerto Rico’s bonds, which encouraged the commonwealth to keep issuing debt."[10]
  9. ^ a b Caruso Cabrera (2014) "Moody's estimates that if Puerto Rico does get downgraded to junk status, it faces $1 billion in additional short-term costs due to collateral calls on loans that are contingent on Puerto Rico not being rated junk."[1]
  10. ^ GDB (2014) "The Commonwealth’s liquidity has been adversely affected by recent events, and it may be unable to meet its short-term obligations."[2]
  11. ^ GDB (2014) "If the Commonwealth’s financial condition does not improve, it may lack sufficient resources to fund all necessary governmental programs and services as well as meet debt service obligations. In such event, it may be forced to take emergency measures."[2]
  12. ^ GDB (2014) "If the Commonwealth is unable to obtain financing through the issuance of tax and revenue anticipation notes, it may not have sufficient resources to maintain its operations."[2]
  13. ^ Vera Rosa (2013; in Spanish) "Aunque Puerto Rico mueve entre el sector público y privado $15 billones en el área de salud, las deficiencias en el sistema todavía no alcanzan un nivel de eficiencia óptimo."[22]
  14. ^ Vera Rosado (2013; in Spanish) "Para mejorar la calidad de servicio, que se impacta principalmente por deficiencias administrativas y no por falta de dinero[...]"[22]
  15. ^ Rivera Sánchez (2014; in Spanish) "En 2012 [...] la tasa de captación en el segmento de ventas al detal fue de 52% con una tasa de evasión de 48%. En el resto de los renglones, la captación fue de 56% con una evasión de 44%."[23]
  16. ^ GDB (2014) "On several occasions the Commonwealth has failed to comply with its continuing disclosure obligations on a timely basis. For example, the Commonwealth has failed to file the Commonwealth’s Annual Financial Report before the 305-day deadline in nine of the past twelve years, including the two most recent fiscal years (2012 and 2013)."[27]
  17. ^ GDB (2014) "[The government's] accounting, payroll and fiscal oversight information systems and processes have deficiencies that significantly affect its ability to forecast expenditures."[2]
  18. ^ Acevedo Denis (2013; in Spanish) "Para el profesor de la Escuela Graduada de Administración Pública de la Universidad de Puerto Rico, Rafael Torrech San Inocencio, más que una cuestión de que funcionarios del Gobierno devenguen altos salarios, es si tienen o no las competencias para los cargos que ocupan."[28]
  19. ^ Acevedo Denis (2013; in Spanish) "Hay funcionarios bien pagados, funcionarios excesivamente pagados y funcionarios que merecen mejor paga. El problema es cómo se parean las remuneraciones con las competencias profesionales."[28]
  20. ^ WAPA-TV (2014; in Spanish) "El informe sobre la medida señala que al presente los municipios arrastran una deuda agregada de aproximadamente $590 millones [...]"[31]
  21. ^ PRGDB "Financial Information and Operating Data Report to October 18, 2013" p. 61[5]
  22. ^ Walsh (2013) "In each of the last six years, Puerto Rico sold hundreds of millions of dollars of new bonds just to meet payments on its older, outstanding bonds — a red flag. It also sold $2.5 billion worth of bonds to raise cash for its troubled pension system — a risky practice — and it sold still more long-term bonds to cover its yearly budget deficits."[32]
  23. ^ a b Ismalidou; Trianni (2014) "The spark that lit the fuse came in 1996, when President Clinton repealed legislation [section 936] that gave tax incentives for U.S. companies to locate facilities in Puerto Rico. The island’s economy began to sputter, and after the great recession, the decline in the island’s governmental finances continued."[10]
  24. ^ Corkery, Williams Walsh (2015) "The debt is not payable," Mr. García Padilla said. "There is no other option. I would love to have an easier option. This is not politics, this is math."[37]
  25. ^ Corkery, Williams Walsh (2015) "My administration is doing everything not to default," Mr. García Padilla said. "But we have to make the economy grow," he added. "If not, we will be in a death spiral."[37]
  26. ^ Quintero (2013; in Spanish) "Los indicadores de una economía débil son muchos, y la economía en Puerto Rico está sumamente debilitada, según lo evidencian la tasa de desempleo (13.5%), los altos niveles de pobreza (41.7%), los altos niveles de quiebra y la pérdida poblacional."[40]
  27. ^ Hitchcock; Aldrete Sánchez (2014) "That the rating is not lower is due to the progress the current administration has made in reducing operating deficits, and what we view as recent success with reform of the public employee and teacher pension systems, which had been elusive in recent years."[35]
  28. ^ Hitchcock; Aldrete Sánchez (2014) "We view the current administration's recently announced intent to further reduce appropriations in fiscal 2014 by $170 million and budget for balanced operations in fiscal 2015 as potentially leading to credit improvement in the long run [...]"[35]
  29. ^ Caruso Cabrera (2014) "Nearly 70 percent of U.S. municipal bond funds rated by Morningstar have some kind of exposure to Puerto Rico."[1]
  30. ^ Ruiz Kuilan (2014; in Spanish) "La portavoz de la minoría penepé en la Cámara, Jennifer González [...] sostuvo que junto con el gobernador el mensaje que se pretende difundir es uno alarmista para inquietar al País y que al final se tomen medidas menos severas. De esa forma, dijo González, el pueblo "no reacciona de una manera más agresiva" pensando que pudo ser peor."[47]
  31. ^ Ruiz Kuilan (2014; in Spanish) ""Con un plan de medidas de control de gastos las casas acreditadoras hubieran visto que Puerto Rico mantenía un presupuesto balanceado, que no se estaba gastando más de lo que tenía." [...] sentenció la representante [Jennifer González]."[47]

References[edit]

  1. ^ a b c d e Caruso Cabrera, Michelle (January 24, 2014). "Why Puerto Rico needs to borrow money—and soon". CNBC. Archived from the original on February 22, 2014. Retrieved March 2, 2014. 
  2. ^ a b c d e f "Preliminary official statement dated march 6, 2014 subject to completion" (PDF). Puerto Rico Government Development Bank. March 6, 2014. Archived (PDF) from the original on March 7, 2014. Retrieved March 7, 2014. 
  3. ^ Mary Williams Walsh (August 4, 2015). "Puerto Rico Defaults on Bond Payment". The New York Times. p. B1. Archived from the original on September 10, 2015. Retrieved May 5, 2017. 
  4. ^ Nick Brown (January 28, 2017). "Puerto Rico board extends key deadlines on turnaround plan". Reuters. Archived from the original on April 9, 2017. Retrieved April 8, 2017. 
  5. ^ a b "Financial Information and Operating Data Report to October 18, 2013" (PDF). Puerto Rico Government Development Bank. October 18, 2013. Archived (PDF) from the original on April 22, 2014. Retrieved March 4, 2014. 
  6. ^ a b c d e f g "Developments in the Law — Ch. I: Territorial Federalism" (PDF). Harvard Law Review. 130: 1632. 2017. Retrieved May 5, 2017. 
  7. ^ a b c "Developments in the Law — Ch. II: The International Place of Puerto Rico" (PDF). Harvard Law Review. 130: 1656. 2017. Retrieved May 5, 2017. 
  8. ^ ""They say I am not an American…": The Noncitizen National and the Law of American Empire. Christina Duffy Burnett". Opiniojuris.org. July 1, 2008. Archived from the original on March 2, 2014. Retrieved March 2, 2014. 
  9. ^ Roos, Dave. "How Municipal Bonds Work". How Stuff Works. Archived from the original on February 10, 2014. Retrieved March 2, 2014. 
  10. ^ a b Ismailidou, Ellie; Trianni, Francesca (March 12, 2014). "The Next Financial Catastrophe You Haven’t Heard About Yet: Puerto Rico". Time. Archived from the original on March 12, 2014. Retrieved March 12, 2014. 
  11. ^ "¿Cómo Puerto Rico llegó a tener crédito chatarra?". El Nuevo Día (in Spanish). February 4, 2014. Archived from the original on March 2, 2014. Retrieved March 2, 2014. 
  12. ^ Emmanuelli Jiménez, Rolando (February 12, 2014). "¿Sabe qué provocará la degradación?". La Perla del Sur (in Spanish). Archived from the original on February 27, 2014. Retrieved March 2, 2014. 
  13. ^ a b c Walsh, Mary Williams (May 6, 2017). "Puerto Rico: A Debt Problem That Kept Boiling Over". The New York Times. p. B5. Archived from the original on May 6, 2017. Retrieved May 6, 2017. 
  14. ^ a b Kaske, Michelle (May 3, 2017). "Puerto Rico's Slide". Bloomberg View. Archived from the original on May 4, 2017. Retrieved May 4, 2017. 
  15. ^ a b c d e f g h Mary Williams Walsh (February 2, 2016). "How Free Electricity Helped Dig $9 Billion Hole in Puerto Rico". The New York Times. p. A1. Archived from the original on July 15, 2016. Retrieved May 7, 2017. 
  16. ^ a b "Fitch becomes third agency to cut Puerto Rico to junk". Reuters. February 11, 2014. Archived from the original on December 5, 2014. Retrieved March 2, 2014. 
  17. ^ Rother, Larry (May 10, 1993). "Puerto Rico Fighting to Keep Its Tax Breaks for Businesses". New York Times. Archived from the original on February 6, 2017. Retrieved May 4, 2017. 
  18. ^ Greenburg, Scott (June 30, 2015). "Tax Policy Helped Create Puerto Rico's Fiscal Crisis". Tax Foundation. Archived from the original on February 8, 2017. Retrieved May 4, 2017. 
  19. ^ Walsh, Mary (October 13, 2015). "Santander to Pay $6.4 Million in Puerto Rico Bond Settlement". New York Times. Retrieved May 5, 2017. 
  20. ^ Hall, Camilla (November 3, 2013). "Bank disclosure sought on Puerto Rico debt". The Financial Times. Retrieved May 4, 2017. 
  21. ^ Delgado, José (December 16, 2016). "Accusations of Conflicts in the Board". '. Retrieved May 4, 2017. 
  22. ^ a b Vera Rosado, Ileanexis (May 17, 2013). "Ineficiencia arropa a los recursos económicos de salud". El Vocero (in Spanish). Archived from the original on November 4, 2013. Retrieved September 19, 2013. 
  23. ^ Rivera Sánchez, Maricarmen (February 3, 2014). "Hacienda pierde $900 millones del IVU". El Vocero (in Spanish). Retrieved March 7, 2014. 
  24. ^ "Hacienda espera recaudar $500 millones; mientras, atiende masiva evasión – NotiCel™". Noticel.com. March 15, 2013. Archived from the original on March 3, 2014. Retrieved March 3, 2014. 
  25. ^ "Amnistía contributiva: aumenta recaudos, pero intesifica la evasión – NotiCel™". Noticel.com. March 17, 2013. Archived from the original on March 3, 2014. Retrieved March 3, 2014. 
  26. ^ "Treasury Department Submits Commonwealth Of Puerto Rico Comprehensive Annual Financial Report For FY 2011–2012". PRNewswire. September 16, 2013. Archived from the original on March 4, 2014. Retrieved March 4, 2014. 
  27. ^ "COMMONWEALTH OF PUERTO RICO QUARTERLY REPORT DATED JULY 17, 2014" (PDF). Puerto Rico Government Development Bank. July 17, 2014. Archived (PDF) from the original on July 2, 2015. Retrieved July 19, 2014. 
  28. ^ a b Acevedo Denis, Ely (November 15, 2013). "Salarios públicos: Problema no es la cuantía, es la incompetencia". NotiCel (in Spanish). Archived from the original on March 3, 2014. Retrieved March 2, 2014. 
  29. ^ a b Lizette Alvarez (July 27, 2016). "How Many Mayors Can Puerto Rico Afford? Tradition and Budgets Collide". The New York Times. p. A18. Archived from the original on May 7, 2017. Retrieved May 7, 2017. 
  30. ^ Vázquez, Brenda (November 16, 2012). "Extensa la lista de los municipios con déficit". Metro Puerto Rico (in Spanish). Metro International. Archived from the original on October 2, 2013. Retrieved September 29, 2013. 
  31. ^ "Nace la Corporación de Financiamiento Municipal" (in Spanish). WAPA-TV. January 23, 2014. Archived from the original on February 24, 2014. Retrieved February 20, 2014. 
  32. ^ Walsh, Mary (October 7, 2013). "Worsening Debt Crisis Threatens Puerto Rico". The New York Times. Archived from the original on November 2, 2013. Retrieved October 8, 2013. 
  33. ^ a b c d Alvarez L, Goodnough A (August 2, 2015). "Puerto Ricans Brace for Crisis in Health Care". New York Times. Retrieved August 4, 2015. 
  34. ^ "S&P downgrades Puerto Rico debt to junk status". Reuters. February 4, 2014. Archived from the original on March 12, 2014. Retrieved March 2, 2014. 
  35. ^ a b c Hitchcock, David; Aldrete Sánchez, Horacio (February 4, 2014). "Puerto Rico GO Rating Lowered To 'BB+'; Remains On Watch Negative" (PDF). Standard and Poor's. Archived (PDF) from the original on March 3, 2014. Retrieved March 2, 2014. 
  36. ^ "UPDATE 3-Moody's follows S&P, cuts Puerto Rico to junk". Reuters. February 7, 2014. Archived from the original on February 9, 2014. Retrieved March 2, 2014. 
  37. ^ a b Corkery, Michael; Williams Walsh, Mary (June 28, 2015). "Puerto Rico’s Governor Says Island’s Debts Are ‘Not Payable’". The New York Times. Archived from the original on June 30, 2015. Retrieved June 29, 2015. 
  38. ^ Brown, Nick; Davies, Megan (April 25, 2015). "Puerto Rico utility wins bondholder agreement for extra time". Reuters. Archived from the original on July 1, 2015. Retrieved June 29, 2015. 
  39. ^ Corkery, Michael (June 29, 2015). "Puerto Rico’s Bonds Drop on Governor’s Warning About Debt". The New York Times. Archived from the original on July 1, 2015. Retrieved June 29, 2015. 
  40. ^ Quintero, Laura (September 14, 2013). "Las estadísticas hablan: Puerto Rico camino a ser el "Detroit del Caribe"". NotiCel (in Spanish). Archived from the original on February 1, 2014. Retrieved January 22, 2014. 
  41. ^ "AGP firma ley emisión de bonos" (in Spanish). Metro International. March 4, 2014. Archived from the original on March 4, 2014. Retrieved March 4, 2014. 
  42. ^ Act No. 34 of 2014 (in Spanish). Retrieved on March 13, 2014.
  43. ^ Michael Aneiro (February 21, 2014). "Muni Market Still Unfazed By Puerto Rico Junk Downgrades". Barron's. Archived from the original on March 4, 2016. Retrieved March 3, 2014. 
  44. ^ John Waggoner (November 6, 2013). "How Puerto Rico's debt woes affect fund investors". USA Today. Archived from the original on March 8, 2014. Retrieved March 3, 2014. 
  45. ^ a b Tim McLaughlin (February 28, 2014). "Puerto Rico debt woes choke bond supply for some municipal funds". Reuters. Archived from the original on March 3, 2014. Retrieved March 3, 2014. 
  46. ^ "Voto Explicativo PC 1696 – Google Drive". Docs.google.com. Retrieved March 3, 2014. 
  47. ^ a b Ruiz Kuilan, Gloria (March 4, 2014). "Asoma una reestructuración completa del gobierno". El Nuevo Día (in Spanish). Archived from the original on March 5, 2014. Retrieved March 4, 2014. 
  48. ^ Bhatia, Eduardo (January 5, 2014). "Twitter / eduardobhatia: @Convertbond And finally, you ...". Twitter. Archived from the original on March 20, 2014. Retrieved March 4, 2014. You Lawrence McDonald seem to be part of the hedgefund vultures that hope to gain from Puerto Rico's debt. That is your agenda, not mine. 
  49. ^ Michael Corkery; Mary Williams Walsh (June 29, 2015). "Puerto Rico’s Governor Says Island’s Debts Are ‘Not Payable’". The New York Times. p. A1. Archived from the original on January 11, 2017. Retrieved May 3, 2017. 
  50. ^ Clark, Greg (August 5, 2015). "Puerto Rico's Leaders: Playing Games Or Out of Touch?". Forbes. Archived from the original on August 9, 2015. Retrieved August 6, 2015. 
  51. ^ Krueger AO, Teja R, Wolfe A (June 29, 2015). "Puerto Rico – A Way Forward" (PDF). Commonwealth of Puerto Rico. Archived (PDF) from the original on July 2, 2015. Retrieved July 29, 2015. 
  52. ^ a b Fajgenbaum J, Guzman J, Loser C (2015). "For Puerto Rico, There is a Better Way" (PDF). Centennial Group. Retrieved July 29, 2015. 
  53. ^ a b c Neate, Rupert (July 28, 2015). "Hedge funds tell Puerto Rico: lay off teachers and close schools to pay us back". The Guardian. Archived from the original on July 28, 2015. Retrieved July 29, 2015. 
  54. ^ a b Hoke, William (October 2015). "FEDERAL ROLE IN PUERTO RICAN DEBT CRISIS UNCLEAR". Tax Notes Today (2015 TNT 203-8). 
  55. ^ a b Paul Abowd (October 24, 2015). "Puerto Rico considers simple solution to debt crisis: Don’t pay". Al Jazeera. Archived from the original on October 26, 2015. Retrieved October 27, 2015. 
  56. ^ Carl Meacham (August 5, 2015). "Puerto Rico Debt: Is Becoming the 51st State the Answer?". Newsweek. Archived from the original on August 7, 2015. Retrieved August 7, 2015. 
  57. ^ "Recent Legislation: Puerto Rico Passes New Municipal Reorganization Act" (PDF). Harvard Law Review. 128: 1320. 2015. Retrieved May 5, 2017. 
  58. ^ Franklin California Tax-Free Trust v. Puerto Rico, 85 F. Supp. 3d 577 (D.P.R. 2015).
  59. ^ Franklin California Tax-Free Trust v. Puerto Rico, 805 F.3d 322 (1st Cir. 2015).
  60. ^ "Puerto Rico v. Franklin California Tax-Free Trust". SCOTUSblog. Archived from the original on February 28, 2017. Retrieved May 3, 2017. 
  61. ^ Lucero, Kat (July 2015). "DESPITE CRISIS, PUERTO RICO TAX REFORM NOT BEING CONSIDERED". Tax Notes Today (2015 TNT 136-6). 
  62. ^ Jonathan Mahler; Nicholas Confessore (December 20, 2015). "Inside the Billion-Dollar Battle for Puerto Rico’s Future". The New York Times. p. A1. Archived from the original on May 4, 2017. Retrieved May 5, 2017. 
  63. ^ a b Nick Brown (June 30, 2016). "Puerto Rico authorizes debt payment suspension; Obama signs rescue bill". Reuters. Archived from the original on July 2, 2016. Retrieved July 2, 2016. 
  64. ^ Nick Brown, Reuters (January 18, 2017). "Puerto Rico oversight board favors more time for restructuring talks". Fiscal Times. The Fiscal Times. Archived from the original on February 17, 2017. Retrieved February 16, 2017. 
  65. ^ Associated Press (January 29, 2017). "Puerto Rico Gets More Time". Star Herald. Scottsbluff, ME. Retrieved February 16, 2017. 
  66. ^ a b Platt, Eric (January 19, 2017). "New Puerto Rico governor seeks amicable debt crisis resolution". Financial Times. New York. Archived from the original on February 17, 2017. Retrieved February 17, 2017. 
  67. ^ a b Watson, Dan (January 17, 2017). "Secretary Lew Sends Letter to 115th Congress on Puerto Rico". Department of the Treasury. Department of the Treasury. Archived from the original on February 17, 2017. Retrieved February 16, 2017. 
  68. ^ a b c Robles, Frances (May 7, 2017). "Puerto Ricans Face ‘Sacrifice Everywhere’ on an Insolvent Island". The New York Times. p. A1. Archived from the original on May 6, 2017. Retrieved May 7, 2017. 
  69. ^ Nick Brown, Reuters (January 18, 2017). "Puerto Rico oversight board favors more time for restructuring talks". Fiscal Times. The Fiscal Times. Archived from the original on February 17, 2017. Retrieved February 16, 2017. The bipartisan, seven-member oversight board was created under the federal Puerto Rico rescue law known as PROMESA, passed by the U.S. Congress last year. It is charged with helping the island manage its finances and navigate its way out of the economic jam, including by negotiating restructuring deals with creditors. 
  70. ^ Staff (January 28, 2017). "Puerto Rico gets more time to propose fiscal plan". Associated Press. Archived from the original on January 28, 2017. Retrieved May 5, 2017. 
  71. ^ Schatzker, Erik (February 9, 2017). "Puerto Rico Said to Seek Deeper Concessions in Utility Deal". Bloomberg. Bloomberg L.P. Archived from the original on February 18, 2017. Retrieved February 17, 2017. 
  72. ^ a b Joseph E. Stiglitz, Martin Guzman (February 28, 2017). "From Bad to Worse for Puerto Rico". Project Syndicate. Archived from the original on April 9, 2017. Retrieved April 8, 2017. 
  73. ^ "Economistas se oponen a las reformas para "estimular la economía"". El Nuevo Día. February 20, 2017. Archived from the original on February 22, 2017. Retrieved May 2, 2017. 
  74. ^ Michael Corkery; Mary Williams Walsh (May 5, 2017). "Message of Puerto Rico Debt Crisis: Easy Bets Sometimes Lose". The New York Times. p. B1. Archived from the original on May 5, 2017. Retrieved May 6, 2017. 
  75. ^ Spalding, Rebecca; Levin, Jonathan (April 19, 2017). "Puerto Rico’s Governor Has to Clean Up His Dad’s Mess". Bloomberg News. Archived from the original on April 22, 2017. Retrieved May 4, 2017. 
  76. ^ a b c d Mary Williams Walsh (May 4, 2017). "Puerto Rico Declares a Form of Bankruptcy". Dealbook. The New York Times. p. A1. Archived from the original on May 3, 2017. Retrieved May 4, 2017. 

External links[edit]