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Can Panama cause a snag in BlackRock's port deal?

BlackRock may face another obstacle in its bid to gain control of two ports near the Panama Canal, once Central America releases an audit regarding a 25-year contract granted to Hong Kong's CK Hutchison.

Sources told us last week that the final signature on the deal, which is part of a larger $22.8 billion transaction involving over 40 ports across 23 countries and a BlackRock group, will be delayed due to growing criticism in China.

BlackRock and CK Hutchison announced the deal last month, stating that they expected definitive documentation to be signed no later than April 2.

Panama's government has requested documents from CK Hutchison - a conglomerate that combines telecoms and retail - owned by Li Ka-shing - to conduct an audit of the concession.

Panama's Maritime Authority asked BlackRock and CK Hutchison for details about their deal. This must be approved by Panama.

Panama Ports Company operates the Balboa Port and Cristobal Ports at either end the Panama Canal.

What could the audit find?

In January, the Comptroller General's office announced that Panama ports audit would be "the most significant" in a series reviews of Panama's key infrastructure concessions. Anel Flores, the Comptroller General's office, said last week results would be expected within a few days or weeks.

Flores has criticized past audits including the one conducted before CK Hutchison’s concession was renewed 2021. He said they were limited to confirming operational goals.

He said in an earlier statement that "we'll start a serious, strong audit of these books and the company."

Flores also complained of the 'poor return' on the contract for Panama, and the slow delivery from CK Hutchison of the documents requested.

In February, Panama’s Attorney General issued a binding opinion stating that the port contract is unconstitutional. Panama's Supreme Court has the final say on this.

Lawyers and experts said that if the Comptroller General found irregularities in the renewal of the concession or the Supreme Court declared the contract unconstitutional, then the concession could revoked. This would complicate the BlackRock-CK Hutchison agreement and create grounds for international arbitrage, they added.

WOULD TRUMP'S PRESSURE BE EASED BY THE DEAL?

The U.S. president Donald Trump has praised the BlackRock-CK Hutchison agreement, whereas China and pro Beijing voices have criticized the deal. This brings the Panamanian port and the companies involved into the U.S. - China trade war.

Any obstacles to the deal could lead Trump to become more aggressive in his policy toward the canal.

Since taking office as president in January, Trump's threats to control places that he believes could better serve U.S. interest, such as the Panama Canal or Greenland, have increased.

The ports do not form part of the canal. The ports are not part of the canal. However, American politicians and officials have claimed that CK Hutchison’s control over them, as well as other concessions made to Chinese companies in Panama, poses a threat to the operation of the canal.

CK Hutchison said that the sale of ports was purely a commercial transaction and had no political significance. Panama claims that the canal operates in a safe and fair manner, providing equal access to all vessels.

WHAT IS THE VIEW FROM CHINA?

Pro-Beijing publications have published a number of articles criticizing CK's Hutchison deal. They describe it as a betrayal to China and a "perfect collaboration" with U.S. strategies to contain China.

The pressure placed on CK Hutchison has heightened concerns that Hong Kong’s position as a financial center will erode even further in the face of geopolitical tensions.

What is in it for Blackrockk?

BlackRock has recently invested in infrastructure and this purchase gives the fund manager an excellent position in a key global trade center.

Chinese state media reported that the deal could allow BlackRock to control 10.4% of container throughput worldwide, making it third in the world.

It has been said that the deal will help BlackRock CEO Larry Fink gain political capital among Republicans who have in some states restricted or banned BlackRock's management of retirement or treasury fund due to its policies on corporate governance, environmental, social, and ethical (ESG).

After Trump's praise of the BlackRock deal, some Republicans reconsidered their bans. Reporting by Elida Moroooo in Panama City; Marianna Parraga, in Houston; Clare Jim, in Hong Kong; Lewis Jackson, in Beijing; Ross Kerber, in Boston; Bo Erickson, in Washington; Writing and editing by Christian Plumb, Nick Zieminski;

(source: Reuters)