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Gold/Mining/Energy : Bombardier, maker of planes and trains and other things -- Ignore unavailable to you. Want to Upgrade?


To: Jay Anderson who wrote (610)8/2/1999 7:28:00 AM
From: Graham Dellaire  Respond to of 1177
 
Bombardier faces WTO today Firm could reap billions if aerospace subsidy ruling goes its way; decision seen as critical to industry

Heather Scoffield
The Globe and Mail
Monday, August 2, 1999

Ottawa -- Bombardier Inc. stands to reap a
multibillion-dollar windfall if a major trade ruling on
aerospace subsidies today is in the company's favour.

But a parallel ruling will probably jeopardize a key federal
research and development fund, Technology Partnerships
Canada, by upholding an earlier World Trade Organization
decision that it acts as an illegal subsidy.

"It's critical [to the Canadian aerospace industry] to have a
favourable decision on both," said Peter Smith, president of
the Aerospace Industries Association of Canada. His
industry relies both on Technology Partnerships Canada and
on business spawned by Bombardier to remain competitive.

The World Trade Organization is scheduled to issue a final
appeal decision today as to whether the governments of
Canada and Brazil illegally subsidized regional jet sales by
companies in their respective countries.

Initial decisions in the spring condemned Brazil's Pro-ex
financing program as well as Technology Partnerships
Canada. The WTO told both countries to get rid of the
programs immediately, but they both appealed the decisions.
Brazil is also hoping to reverse a pro-Canada ruling on the
operations of Canada's Export Development Corp.

Canadian officials are expecting the appeal outcomes to
largely reflect the initial decisions, but with some clarification
about how to implement the rulings.

The WTO ruled that Pro-ex acted as an export subsidy --
which is illegal under international trade rules -- by offering
discount financing rates to customers buying regional jets
made by Brazil's Embraer (Empresa Brasiliera de
Aeronautica SA).

The big question for the appeal panel is whether the Brazilian
government will have to remove the Pro-ex subsidy from jet
orders placed in the past but not yet filled. If Bombardier and
Ottawa get their way, the ruling will force Brazil to remove
Pro-ex from these deals, and Embraer will have to
renegotiate billions of dollars' worth of regional jet sales.

"It's huge for the Canadian aerospace industry," said Robert
Greenhill, vice-president of strategic initiatives for
Bombardier. "I think the likelihood of winning on the Pro-ex
side is extremely high."

Without Pro-ex, the Embraer offers will be more expensive,
and Bombardier jets could be more tempting for Embraer
clients who now hold optional contracts or orders for planes
that have not yet been delivered.

The federal government estimates that the Brazilian
government has spent $4.5-billion (U.S.) on regional jet
financing since 1996. Of that amount, only $800-million was
for planes that have already been delivered.

The rest is for planes still on order or for optional orders,
according to the Department of Foreign Affairs and
International Trade. About $1.3-billion is for financing of
unfilled orders -- planes that have been bought but have not
yet been produced or delivered. And $2.4-billion is for
optional orders.

In all, the Brazilian subsidies have supported up to
$12-billion in tentative or unfilled sales that could now be up
for grabs, since buyers will see prices rise by up to 18 per
cent. Bombardier says it could win half of those orders -- or
$6-billion worth.

"It would be a very significant number," Mr. Greenhill said.
"It would be several billion dollars U.S."

But Bombardier's victory could be tainted. If the WTO does
indeed order Brazil to remove the Pro-ex subsidy from
unfilled orders and options, it could also order Ottawa to halt
instalments of Technology Partnerships Canada funding for
Canadian aerospace companies.

About 25 aerospace companies, including Bombardier, have
received funding from Technology Partnerships Canada in
the past three years, said Mr. Smith of the Aerospace
Industries Association. Most of the investments are worth
tens of millions of dollars, and a few are worth more than
$100-million (Canadian) each.

(Brazil claims Canadian government programs have provided
up to $3.6-billion in illegal export subsidies for regional jet
production.)

Both Canada and Brazil are already bracing for losses,
Canada on Technology Partnerships Canada and Brazil on
Pro-ex.

Industry Canada, which is in charge of Technology
Partnerships Canada, is already designing ways to maintain
funding in the future for aerospace research and
development, anticipating a loss at the WTO on the program.

And Brazil is considering ways to change Pro-ex without
damaging Embraer's competitiveness, Brazilian newspapers
report.

But the Canada-Brazil dispute is not expected to end with
today's ruling.

Embraer has threatened in the past to sue the Brazilian
government if it goes back on previous financing
commitments for unfilled orders or options.

And if the WTO ruling does not thoroughly condemn Pro-ex,
Ottawa is expected to say it will look for other ways to beat
the Brazilian subsidy system.

The appeal ruling will also be watched closely for what it
says about Canada's Export Development Corp., a Crown
corporation that finances and promotes Canadian exports
and sells risk insurance to Canadian companies.

Brazil has accused EDC of illegally subsidizing aircraft sales
by offering below-market financing, but was not able to give
the WTO sufficient proof that this was happening. Ottawa
refused to divulge details about any of its transactions, and
the WTO said it did not have enough information to make a
ruling.

But the WTO, Brazil and the United States -- which has
been a third-party participant in the case -- have heavily
criticized the federal government and EDC for being too
secretive.

If the appellate body reverses its ruling on EDC or condemns
the EDC process for being too opaque, EDC operations
may have to change.

Bombardier, however, is sure that EDC will stand up to
scrutiny, since it provides loans at commercial rates and is a
profitable institution.

"We're extremely comfortable that EDC is fine,"
Bombardier's Mr. Greenhill said.