Professional Documents
Culture Documents
Wiki Leaks Argent in A
Wiki Leaks Argent in A
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STATE FOR WHA TOM SHANNON, JOHN MAISTO, AND CHARLES SHAPIRO
NSC FOR DAN FISK
TREASURY FOR DAS NANCY LEE
USCINCSO FOR POLAD
Classified By: Ambassador Lino Gutierrez for Reasons 1.4 (B) and (D).
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SUMMARY AND INTRODUCTION
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THE K-STYLE IN DOMESTIC POLITICS
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KIRCHNER'S PSYCHOLOGICAL PROFILE SETS K-STYLE
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FOREIGN POLICY NOT KIRCHNER'S FOCUS
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COMMENT -- IMPLICATIONS FOR THE U.S.
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GUTIERREZ
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STATE FOR WHA TOM SHANNON, JOHN MAISTO, AND CHARLES SHAPIRO
NSC FOR DAN FISK
TREASURY FOR DAS NANCY LEE
USCINCSO FOR POLAD
Classified By: Ambassador Lino Gutierrez for Reasons 1.4 (B) and (D).
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SUMMARY
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KIRCHNER'S MANY SUCCESSES
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three years. Through the GOA's private sector debt deal and
by paying off Argentina's IMF debt, Argentina's external debt
has been brought to a manageable level for the first time in
a decade. Under Kirchner's watch, Argentina has amassed
record budget surpluses. The tax collection system -- a
perennial problem for Argentine governments -- has been
significantly improved, albeit aided by the use of
distortionary taxes like the financial transaction tax and
the export tax. Argentina's move to a market-based exchange
rate regime in 2002 has triggered an export-led boom during
Kirchner's presidency that has been the driving factor behind
robust growth, accompanied by significant declines in
unemployment and poverty levels.
¶4. (C) Kirchner has high public approval ratings and has
restored public optimism in Argentina. Kirchner's approval
ratings stand at 65-75 percentage points -- depending on the
poll and how the question is asked -- a historical high for
an Argentine president three years into his term. Polls by
leading Argentine pollsters show that Kirchner receives high
marks for his handling of the economy and for promoting
political stability. Argentines also have developed a
renewed sense of optimism under Kirchner's administration.
In recent polling by a leading opinion research firm, a
plurality of respondents -- 44 percent -- thought that
conditions in Argentina would improve over the coming year,
while only 12 percent thought things would get worse. In
March 2003, the month Kirchner was elected, polling by the
same firm showed that only 29 percent of the population
thought things would get better in the coming year, while 30
percent thought things would get worse.
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CHALLENGES REMAIN
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KIRCHNER WEAK ON SUPPORT FOR INSTITUTIONAL DEMOCRACY
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¶8. (C) Over the past year, Kirchner has instigated a number
of actions that have further debilitated Argentina's already
weak democratic institutions. Kirchner has issued hundreds
of presidential decrees during his presidency, preferring to
avoid discussion or delay in Congress, and signed more
decrees in his third year of his presidency than laws
approved by Congress. A new law sponsored by his wife,
Cristina Fernandez de Kirchner, nominally is designed to
regulate the presidential-decree-making process. The bill,
which will likely be signed into law shortly, would authorize
presidential decrees that are not voted down by both houses
of Congress. The proposed bill does not set a time limit on
when Congress is required to vote after a presidential decree
is issued and allows decrees to remain in force pending a
congressional vote. (Note: Senator Cristina Kirchner
proposed a bill in 2000 designed to regulate presidential
¶10. (C) Kirchner and his allies have used other questionable
tactics that contradicted voters' intentions and have
supporting provincial allies in overturning term limits.
Cabinet Chief Alberto Fernandez drew newly-elected
congressman for the opposition Republican Proposal (PRO)
Eduardo Lorenzo Borocoto over to Kirchner's bloc by offering
his son a lucrative government job. Several Kirchner
congressmen elected in October never assumed their seats,
such as Jorge Taiana, who became Foreign Minister, and La
Rioja Governor Angel Maza, who left his newly-won Senate seat
to his sister, Ada Maza. Tucuman Governor Jose Alperovich,
with Kirchner's blessing, recently changed his province's
constitution to allow himself to run for reelection.
Kirchner is supporting similar efforts by friendly Governors
in Jujuy and Misiones, and Buenos Aires Governor Felipe Sola
is in discussions with Kirchner to allow him to change the
Buenos Aires Constitution or ensure a favorable legal ruling
so he also can run for reelection next year.
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KIRCHNER FOREIGN POLICY SUFFERS FROM NEGLECT
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the U.S. for its support to Argentina during the crisis and
sought to strengthen the bilateral relationship after
short-circuits during the Summit of the Americas, but took
the opportunity during a recent press conference in Madrid to
criticize the U.S. and claim that the U.S. left Argentina to
face the crisis alone (See Reftel E).
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COMMENT
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GUTIERREZ
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¶2. (C) Attorney General Gonzales' February 6-7 visit, and U/S
Nick Burns and A/S Shannon's February 8-9 visit to Buenos
Aires and meetings with senior Kirchner ministers served to
underscore improving bilateral relations, the breadth of that
relationship, as well as highlight U.S. policy priorities in
the region. Kirchner insiders, Cabinet Chief Alberto
¶3. (C) The Kirchner style from the beginning, however, has
been combative in the face of real, imagined and fabricated
challenges from sources as varied as the Catholic church,
neoliberalism and the "Washington consensus," the World Bank
and IMF, parasitic foreign multi-nationals, the press and
political opponents (whether from within or from outside the
Peronist party) and -- indirectly stated -- the the U.S.
This style has stood him in good stead. As the economy
boomed, buoyed by favorable external factors, his popularity
ratings have soared, and have remained high, due in no small
part to his pugnacious character.
¶4. (SBU) Kirchner demonstrated again over the last two weeks
his willingness to attack external institutions for domestic
political gain. He lashed out on several occasions at the
IFIs and other international organizations, rejecting their
latest gentle criticisms of GoA economic policies and blaming
them again for the 2001/2002 financial crisis and also for
¶5. (C) This dynamic helps explain the two faces of Kirchner
we see in our bilateral relations. Kirchner is essentially
pragmatic but excessively focused on domestic issues and
public opinion. The low point in recent bilateral relations,
occasioned by the GoA performance at the Mar del Plata Summit
of the Americas in November 2005, perhaps convinced Kirchner
he had gone a bit too far down the populist route. Since
then, we have seen a gradual and steady improvement in
relations with an increasing willingness by senior-level
officials in engaging in dialogue with us and in identifying
areas where we can strengthen cooperation.
¶7. (C) The press here eggs this on, couching many issues as
the ideological struggle between the U.S. and Venezuela for
predominance in the region. As a reflection of this, GoA
actions are either portrayed as pro-Chavez or as a
rapprochement with the U.S. Contacts inform us that Kirchner
also sees himself as maintaining this balance between the two
-- a la Charles de Gualle between the cold war powers U.S.
and USSR. The Embassy has seen on several occasions, when
the press appears to be too caught up in portraying the
improving U.S.- GoA relations, that Kirchner will find an
opportunity to publicly stick a pin in that balloon. In the
aftermath of the Gonzalez/Burns/Shannon visits, Kirchner,
while in Venezuela recently to sign a number of commercial
agreements, may have felt compelled to "right the balance"
and demonstrate his independence with his gratuitous remark
that Argentina would not "contain" Chavez (ref. A). The
media here has, in fact, tied Kirchner's comments in
Venezuela to Burns/Shannon remarks made here during their
recent visit that the U.S. could work well with governments
like Argentina and Brazil but that Venezuela was "another
matter."
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¶2. (C) CFK met with the Ambassador for 45 minutes at the
Presidential Residence in Los Olivos on September 20.
Argentina's first lady and presumptive next president was in
full command of her brief, speaking without notes on a broad
range of topics. At one point, noting that she and the
Ambassador were reviewing topics that would resurface
throughout her New York trip, she said (referring to her
travels and speeches), "This is good preparation, but hey,
¶3. (C) After CFK previewed her schedule in New York (ref A),
the Ambassador noted the great international interest in her
policy views. He commented that CFK's interest in the world
and willingness to countenance policy changes, especially in
the economic realm, were well-received abroad, including in
the United States, as is her evident openness to dialogue.
The Ambassador also mentioned issues that may well draw
questions from journalists, businessmen, and others during
her program, including prospects for a deal with the Paris
Club, the investment climate, prospects for inflation, and
the GOA's relationship with Iran and Venezuela.
knew they were active in Japan, too. At the same time, she
offered little hope that the holdouts would get a deal
anytime soon, noting that a law circumscribes what the
government can offer them. She told the Ambassador that "I
know this isn't what you want to hear," but said that
previous Argentine leaders would tell foreign Ambassadors
what their interlocutors wanted to hear, not what they really
thought or intended to do. She and her husband were
different, she insisted; they told it straight. CFK said
that she understood that Americans valued straight talk, and
she hoped that this quality would earn her trust and respect
in the United States.
¶7. (SBU) CFK said that the GOA's main motivation in striking
a deal with the Paris Club was to entice foreign export
credit agencies to go back on cover in Argentina,
facilitating her plans to bring more foreign investment here.
She noted that foreign investment in certain sectors was
already booming. Auto companies, including Mercedes-Benz,
Peugeot, Ford, and GM were pumping tens of millions of
dollars of new investment into their plants, with many adding
new assembly lines and exporting much of their output.
¶12. (SBU) A key sector for the country's future, she said,
was tourism, an area in which her country had enormous
undeveloped potential. With the rise in ecotourism, the
Comment
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Classified By: Ambassador Wayne for reasons 1.4 (b) & (d).
Summary
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undertake.
¶6. (SBU) The press reported remarks by WHA A/S Shannon that
the case was a law enforcement matter, not a political issue,
and that it should not be allowed to affect bilateral
relations. The press also quoted Department spokesman
McCormack on the strength of the bilateral relationship and
the independence of federal prosecutors, as well as similar
statements by the Embassy's spokesperson.
Comment
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¶9. (C) What began as a black day for the U.S. image in
Argentina -- with headlines filled with attacks by CFK and
others about our supposedly dark intentions -- is ending on a
more hopeful note, as the quick work by State, Justice, and
the FBI to review and clear our draft guidance on the issue
enabled us to get our story out to a captive group of
Argentine journalists. As the first week of the CFK
administration draws to a close, we have given pragmatists
within the GOA material to work with in their effort to
convince CFK to climb back from the precipice and re-engage
with the USG as she begins the second week of her
presidential term. We will see their reaction and response
in the days ahead.
WAYNE
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¶2. (C) Three weeks have passed since the GOA signaled an end
to its bilateral squabble with the USG via a highly
publicized meeting on January 31 betweQPresident Cristina
Fernandez de Kirchner (CFK) and Ambassador Wayne. (The U.S.
Ambassador is the only Chief of Mission who has been received
privately by CFK; she has now received him three times since
her inauguration.) The change in how the United States is
treated and portrayed by Argentine authorities is striking.
As we had agreed beforehand, CFK insiders followed the
January 31 session with positive and conciliatory statements
from Cabinet Chief Alberto Fernandez, Foreign Minister Jorge
Taiana, and others. From January 31 on, the Argentines have
given prominent positive public play to each event involving
a USG visitor, including the two (CODEL Engel and PDDNI) that
occurred in the last week.
¶4. (C) In the wake of the meeting three weeks ago with CFK,
the Ambassador has had friendly and productive meetings with
Cabinet heavyweights such as Cabinet Chief Fernandez, MOD
Garre, Foreign Minister Taiana, Economy Minister Lousteau,
Argentina Is In Play
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¶9. (C) At the same time, there are countervailing forces that
could push the new president in another direction.
Influential figures within her government, such as Planning
Minister Julio de Vido, espouse a close embrace of Chavez's
Bolivarian project. Although de Vido's primary motive for
tilting towards Chavez may be pecuniary, a Bolivarian
approach to foreign policy would sit well with CFK's poor and
working class political constituency, and probably appeal at
a certain level to the Peronist/populist instincts of CFK and
her husband. Nestor Kirchner himself was never as
comfortable with the United States as his wife has proven to
be. For example, he never received this Ambassador or
publicized contacts with us, whereas CFK has met the
Ambassador six times and played each meeting positively and
prominently in the media. While Nestor Kirchner is still a
powerful decision-maker, he is by most reports ceding foreign
policy to CFK.
¶12. (C) CFK clearly shares this fixation. She told the
Ambassador late last year that she faults the USG for not
paying sufficient attention to Latin America (read:
Argentina) over the past few years, and repeated that
analysis to CODEL Engel on February 21 (ref F). This is not
new, or confined to CFK and her constituency. It is a widely
shared perception in Argentina that the United States has
only rarely sustained positive interest in the Southern Cone.
(At a recent lunch with prominent local analysts,
businesspersons, and media figures for PDDNI Kerr, this was a
recurrent theme -- and none of them were government
supporters.) High-level visits can be used to demonstrate
our good intentions and sincere desires for stronger
relations. For example, Secretary Chao's December visit to
CFK's inauguration helped us to rebut accusations of a U.S.
conspiracy against the GOA during the furor over the Miami
court case.
¶17. (C) Events over the past two years remind us that
relations with the GOA are not easy. Nonetheless, we have a
real opportunity to reach a more positive equilibrium in the
bilateral relationship. In his January 31 meeting with CFK,
the Ambassador deployed Department-cleared talking points
that featured the proposal that both sides would demonstrate
interest in the relationship by engaging each other,
including via visits in each direction. As reported in ref
A, CFK agreed, and expressed interest in a steady stream of
high-level visits. We therefore have a deal in place with
the GOA on travel in both directions. The Argentines need to
hold up their end of the bargain. Cabinet Chief Fernandez
told the Ambassador February 21 that he had identified March
8-12 for travel to the United States. Foreign Minister
Taiana, MOD Garre, and Economy Minister Lousteau also intend
to travel to the United States soon. We should remain
committed to our part in this effort, especially after
several weeks of positive interaction with the GOA.
KELLY
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Classified By: Charge d' Affaires Tom Kelly for reasons 1.4 (B) and (D)
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The Radicalization Scenario
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Evidence of a Shift to the Left
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¶7. (C) There was one other foreign policy-related event that
may suggest a leftward turn. Kirchner congressional ally
Patricia Vaca Narvaja recently wrote a letter to U.S. Speaker
of the House Nancy Pelosi asking for the USG to declassify
all information at its disposal regarding the Argentine
military dictatorship. The Kirchner government has often
seemed obsessed with refighting the "Dirty War" of the 1970s
and early 80s, and the request could be construed as a
prelude to another rhetorical offensive against the USG for
its "support" of military regimes in the region.
(Alternatively, it could be a routine request consistent with
the government's longstanding interest in settling Dirty
War-related human rights cases.)
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The Verdict: "Red Dawn" Unlikely
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¶8. (C) Despite all of the above, we view the radicalization
scenario as the least likely of the three paths that the
government will take, with a probability of less than five
percent. Even if the Kirchners prefer this approach in their
heart of hearts, circumstances in the wake of the election
give them virtually no margin to implement it. Immediately
after the election, many of the most powerful forces within
the governing coalition began clamoring for more moderate
policies, a more inclusive approach to governance, and
(especially) a larger share of government finances. These
Peronist governors and mayors fared far better than Nestor
did, and they are in no mood to take orders from the
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Scenario Two: The Kirchners Embrace Reform
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¶12. (C) Some observers expect (and many more hope) that the
Kirchners will reinvent themselves, pursuing a reform-minded
agenda that mollifies Peronist governors, defangs the
opposition, and wins over new foreign friends. A larger
group believes that a rebellious Peronist establishment will
put them on that course, whether they like it or not. Key
policy features of such an approach would include:
¶14. (C) Nor is there any doubt that the political center of
gravity has shifted dramatically in Argentina since the
¶16. (C) The GOA has taken a few subtle foreign policy moves
that could be construed as harbingers of a closer
relationship with the United States. After he received a
call on the issue from Secretary Clinton, FM Jorge Taiana
convinced CFK to change the voting instructions of the
Argentine delegation to the International Atomic Energy
Agency, which enabled U.S.-supported candidate Yukiya Amano
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The Verdict: Don't Bet On A New Leaf
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¶17. (C) While the reform scenario has gained credence over
the past week, driven primarily by economic policy news and
rumors, we remain skeptical that Nestor and Cristina will
turn into a latter-day incarnation of Ozzie and Harriet,
dispensing moderation and good sense wherever they turn.
Neither Kirchner seems inclined to admit error, even tacitly,
by shifting course so abruptly. A senior official at the
Central Bank told us that Nestor will resist reformist
policies because they would be interpreted as a sign of his
weakness and even irrelevance. If changes come, he argues,
they will come at a time of his choosing. A reformist path
may also strike the Kirchners as politically risky,
distancing them from their most fervent supporters in the
working class, poor "villas," and intelligentsia in deference
to sectors that are at best disloyal and at worst openly
hostile to them.
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Scenario Three: Muddling Through
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For Evidence That Nothing Has Changed, Buy a Newspaper
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The Verdict: More of the Same, But Good Can Happen
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¶22. (C) Like most of our contacts, we think that this untidy
scenario is the most likely outcome. We don't expect the
¶23. (C) This does not mean, however, that no positive change
in this scenario is possible. The Kirchners could take steps
for ulterior motives that turn out to have beneficial
consequences. This has already happened in the post mid-term
era, when Transportation Secretary Ricardo Jaime departed
office soon after the election. One of our contacts
characterized the Kirchners' willingness to cut the
notoriously corrupt official loose as the beginning of a
purge designed to distance them from the shadiest elements of
their regime in an effort to reduce the likelihood that they
themselves could end up in prison. Whatever the reason,
Jaime's removal could lead to policy improvements in the
transportation sector.
¶24. (C) Nor does it mean that the USG should ignore the
Kirchner regime or give up on it as hopeless. CFK may not
have a grand scheme in mind for her remaining two years in
power, but she clearly would like to associate herself with
President Obama's star power. The intensity of this desire
opens all kinds of opportunities for us, as it did in
Argentina's decisive IAEA vote. As the Kirchners struggle
for political relevance or at least survival, they will be
looking for success stories -- and we should be on guard for
opportunities to induce them to do the right thing. Even if
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¶8. (C) Fraga thinks that the Kirchners will fail to change
course, leading to the gradual deterioration of their already
dire political situation. He pointed out that with Manuel
Zelaya's overthrow in Honduras, CFK (with approval ratings
around 28%) is now the elected Latin American president with
the lowest popularity rating in her country. According to
Fraga, the December 10 seating of the victors of the June 28
election will create a Congress with the power to remove CFK
from office. (Note: Impeachment and removal from
presidential office would actually require two-thirds support
in each chamber of Congress, which the opposition -- even
after December 10 -- will not have.) Fraga believes that
Peronists and forces close to Vice President Julio Cobos will
conspire to remove CFK from office to replace her with Cobos.
Fraga describes the scenario as perfect for Peronists -- it
removes the Kirchners from the scene, follows the
Constitutional line of succession, and saddles Radical Cobos
with the burden of taking the tough political decisions
needed to govern Argentina in an economic downturn. For the
non-Peronist opposition, the scenario seems less attractive
-- a senior Radical politician has described it to us as a
trap -- but Fraga maintains that the ambitious Vice President
has already decided to accept power in such a circumstance.
Most Think that the Economy Won't Push CFK from Office
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¶21. (SBU) Our contacts also tell us that the GOA is unlikely
to run out of money before CFK's term ends. A contact in the
Economy Ministry's Finance Secretariat insists that the GOA
will meet its 2009 financing needs from public sector
resources (e.g., the recent nationalization of private
pension funds, which gives the GOA a huge pile of money to
work with); inflows from International Financial Institutions
like the World Bank and IDB; and liability management
(buybacks, exchanges, etc.).
NOFORN
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C O R R E C T E D COPY CAPTION
Classified By: CDA Thomas P. Kelly for reasons 1.4 (B) and (D).
¶1. (S) Summary: Argentine President Cristina Fernandez de
Kirchner's (CFK) promotion of former Justice Minister Anibal
Fernandez (AF) to Cabinet Chief puts in place someone with
six years of experience working for the First Couple, first
as former president Nestor Kirchner's Interior Minister and
then as CFK's Justice Minister. By dint of his office's
physical proximity to the President's as well as his
portfolio's constitutional responsibilities, AF is in a
position to wield significant power and influence, and is
already playing a key role in shaping Casa Rosada politics,
policy, and message.
Transparency
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Bio Data
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¶21. (S) For USG officials, Anibal Fernandez has long been the
most readily accessible GOA cabinet member. That has
continued since he became Cabinet Chief, assuming more
importance than ever. Fernandez has far better access to the
ruling first couple than any other member of the Cabinet;
perhaps only reclusive Casa Rosada staffer Carlos Zannini has
more influence with the Kirchners. Given AF's importance,
accessibility, and the absence of hard evidence to
substantiate the allegations described above, we continue to
meet and work with him. At the same time, there are enough
rumors about Fernandez -- even in this rumor-plagued,
conspiratorial society -- to approach interactions with him
with some caution.
KELLY
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¶1. (C) Summary: Over the past six weeks, we have held several
conversations with President Fernandez de Kirchner's first two
Cabinet Chiefs, Alberto Fernandez and Sergio Massa. Both believe
that the Kirchners, despite their recent political successes,
cannot win re-election in 2011. They disagree on whom is next in
line: Fernandez thinks that the next President will be Vice
President Julio Cobos, while Massa believes that Senator Carlos
Reutemann will prevail. Both ex-Cabinet chiefs are (separately)
plotting their futures in a post-Kirchner political landscape.
Massa expanded on earlier comments to us (ref a) on life with the
Kirchners, describing ex-president Nestor Kirchner as a "monster"
and a "psychopath." End Summary.
¶2. (C) We have had several conversations with the first two
Cabinet Chiefs of Cristina Fernandez de Kirchner (CFK), Alberto
Fernandez and Sergio Massa. The Ambassador had an introductory
meeting with Alberto Fernandez, who served as Cabinet Chief in both
Nestor and CFK's administrations, on October 28, and DCM lunched
with Fernandez on October 2. The Ambassador and DCM also had
dinner with CFK's second cabinet chief Sergio Massa and his wife,
city councilor-elect Malena Galmarini, at the home of Massa's
former Casa Rosada aide, businessman Jorge O'Reilly, on November
¶12. In each of these conversations, the two prominent Peronists,
who during their tenures in the Casa Rosada worked every day with
the Kirchners to run the Argentine government, were quite frank in
expressing their estrangement from the Kirchners and their
pessimism about the first couple's political prospects.
Alberto and Massa Agree: Kirchners Will Lose in 2011
¶3. (C) Massa said that the Kirchners have no chance to capture the
presidency in 2011. When asked to estimate their chances, Massa
replied, "zero." He also discounted the view that the Kirchners
would extend their rule through Chavez-style governance. Massa
said that, for all of its problems, Argentina is not Venezuela.
Its society remained too literate, too middle class, and too
"temperate," and its economy is far more complex and diverse than
Venezuela's oil monoculture. Argentina, he said, would not abide
the Kirchner's attempts to consolidate power through more
autocratic rule. The result of their hardball tactics after the
¶8. (C) Massa was scathing in his criticism of the first couple,
especially Nestor. Though he made light of press reports that he
and Kirchner came to blows at the campaign bunker in the pre-dawn
hours after their mid-term defeat last June, he called Nestor "a
psychopath," "a monster," and "a coward" whose bullying approach to
politics masks a deep sense of insecurity and inferiority.
(Massa's wife registered such alarm at these uninhibited comments
that he asked her to "stop making faces at me.") He disputed the
argument that Nestor deserved credit as a savvy tactician,
describing the ex-president as blunder-prone and so convinced of
his own brilliance that he was certain to keep making mistakes.
(We've heard similar comments from Fernandez on Nestor's faltering
political judgment -- ref b.) He said that Nestor could not
relate to others outside the narrow gauge of his own political
ambitions: "Kirchner's not a perverse genius," Massa concluded.
"He is just perverse."
¶10. (C) As for his own plans, Massa confirmed that he plans to run
in 2011 for governor of Buenos Aires province, which could pit him
against midterm winner Francisco de Narvaez, incumbent Daniel
Scioli and labor strongman Hugo Moyano. Massa said that he will
announce his candidacy on the third week of January, the week when
(largely vacationing) Argentines buy the most newspapers.
Fernandez also commented on the Buenos Aires race, opining that
Scioli's political moment had passed. Calling the governor "a nice
guy," he observed that Nestor had used him (by grabbing him as his
slate-mate in the province during the midterms) and then cast him
aside. "Scioli is trapped, and he knows it," Fernandez said.
¶12. (C) Massa and Fernandez have much in common, from their
unique experience in CFK's cabinet to their active roles in the
burgeoning anti-Kirchner movement within Peronism. They are both
generally pro-American in orientation. They do not, however, work
together very closely, and their futures seem quite different.
Fernandez, 50, is low-key and content to operate in the background
while others take the spotlight. The most that he seems to aspire
to is success in behind-the-scenes political kingmaking, which
could restore him to his former status as the country's most
influential political consigliore. Massa, 37, the younger man by
more than a decade, has more ambitious plans. He hopes to win the
Buenos Aires governorship and, eventually, the Argentine
presidency.
MARTINEZ
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Summary
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FATF Review
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focus and momentum it had built up after the last FATF review in
October 2003. Econoff met with numerous AML/CFT contacts over
several weeks before the review began to assess the strengths and
weaknesses of Argentina's laws and enforcement efforts and to
evaluate perceptions of how it will fare in the review.
---------------------------------
FATF Team Leader is a Skeptic
---------------------------------
¶3. (C) Fabio Contini, the Italian national who heads the
operational review team, has spent over a year in Argentina as the
Economic and Financial AttachC) at the Italian Embassy and is
married to an Argentine. He has a sober view of the GoA's AML/CFT
efforts, which he deems little more than a fig-leaf. The measures
taken, he said, are calculated for minimal compliance with
international standards and evince little real enthusiasm for
cleaning up the financial system. In addition, he said that
Argentina should take control of the informal economy as a first
step toward a serious AML/CFT effort. Contini summarized his views
by noting that a substantial percentage of the Argentine economy is
underground, with pure cash transactions comprising a
disproportionate percentage of economic activity. Such an economic
system, he observed, is inherently vulnerable to money laundering
and other financial crimes. Contini said that Argentina will have
to bring this black economy into the light of day before even the
most robust AML/CFT regulations can be effective.
¶4. (C) While his views will be influential, Contini noted that he
does not have the last word on Argentina's FATF peer assessment.
Once his team makes its report, Argentina will have an opportunity
to respond to the findings. A debate at next year's plenary will
precede the issuance of the final report and any warnings. Contini
said that FATF warned Argentina after the last review that a second
--------------------------------
Money Laundering in Argentina
--------------------------------
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AML/CFT System
-------------------
¶6. (C) Embassy contacts, including Contini, have noted numerous
weaknesses in Argentina's AML/CFT regime. Most tellingly, there
have been only two convictions since the criminalization of money
laundering in 1989, and there have been no convictions under the
currently applicable statute enacted in 2000. While the
substantive law is generally considered adequate, there are
numerous loopholes to close and important areas that require
clarification.
¶7. (C) Local AML/CFT experts agree that, with the exceptions noted
below, Argentina has a solid legal and regulatory foundation for
combating money laundering and terror finance. The failures of the
system arise when it comes to applying the law. Inspections are
superficial and do not examine actual accounts and transactions.
According to Pablo San Martin, the head of SMS Latinoamerica, a
---------------
Self-laundering
---------------
----------------------
Repatriation of Funds
----------------------
¶11. (C) One substantive legal issue that now seems unlikely to
trouble FATF reviewers is the tax amnesty law (Ref A) designed to
encourage repatriation of funds held outside Argentina. According
to commonly cited estimates, Argentines hide about $150 billion in
assets offshore. In an effort to lure back the billions held
outside the formal financial system, the GoA passed legislation in
December 2008 declaring an amnesty on repatriated funds that ran
from March through August of 2009. Local experts and opposition
political figures alleged that because it prohibited Argentine tax
authorities from inquiring into the source of the repatriated
funds, the law facilitated money laundering. FATF also expressed
misgivings but was at least partially placated when then-Justice
Minister Anibal Fernandez defended the law before the plenary in
Paris. In May (after the amnesty had already been in effect for
two months), the UIF issued rules requiring reports of suspicious
transactions (STRs) arising from the capital regularization
program.
------------------------
Prosecutors and Judges
------------------------
¶14. (C) Another weakness that experts highlighted was the lack of
judicial and prosecutorial understanding of AML/CFT issues.
According to Federici, the prosecutors and judges who should take
the lead in AML/CFT cases lack the financial sophistication
necessary to direct investigations and mount successful
prosecutions. Federici also noted that judges appear uninterested
in acquiring the skills necessary to manage money laundering cases.
When the IMF staged a training seminar, over 70 prosecutors
participated, but of the dozens invited, only one judge chose to
attend. Because judges directly manage investigations under the
Argentine legal system, no money laundering case can proceed
without active judicial engagement. Federici observed that, in the
----------------------------------
FATF/GAFISUD Representative
----------------------------------
¶17. (C) Marteau has insinuated that he lost the job to Strega as a
reprisal for looking too closely into the casino business, where
important Kirchneristas allegedly have interests. Federici
conceded that casinos may be part of the story, but said the real
-------------------------
UIF: a Broken Institution
-------------------------
holding back STRs on the Kirchner inner circle and has refused to
respond to requests for STRs on the Kirchners themselves from
Switzerland, Lichtenstein, and Luxembourg. In July, according to
Federici and consistent with information from other sources,
Falduto also personally leaked information that the UIF had
requested from FinCEN on Francisco de Narvaez, a Kirchner rival.
According to Federici, Falduto did this by design to harm the
reputation of this important opposition figure.
--------------
Political Will
--------------
¶22. (C) The Embassy sources noted above maintain that the MOJ,
under former Minister of Justice Anibal Fernandez (now Chief of
Cabinet), systematically frustrated progress on AML/CFT issues.
The current Minister of Justice, Julio Alak, has brought energy and
a fresh perspective to the job and has shown considerable
enthusiasm for collaborating with the United States on a wide range
of law enforcement issues. While he has not yet focused on money
laundering, the upcoming FATF report and the Argentine response and
debate at next year's plenary give us an opportunity to engage him
to focus more on AML/CFT issues. While a negative report will
likely provoke a hostile response from some quarters of the GoA, it
could well provide an opportunity and political cover for Alak to
push for greater resources and for consequential changes in the law
and enforcement. Alak appears to be serious about tackling
Argentina's law enforcement problems (Ref C) and all Mission
elements will continue to provide him with the information and,
where possible, the resources to move forward with a positive
agenda.
----------------
FATF Outcome
-----------------
¶23. (C) There are two views of the likely conclusions in the final
FATF report. One view is that the FATF review will be so
superficial that Argentina will pass with just a few areas for
improvement noted. Casanovas and San Martin, for example, believe
that the FATF review will be perfunctory. Reviewers will arrive
with a checklist and conclude after talking to regulators that all
the elements are in place. FATF will recommend some changes, but
the review will be generally neutral. The other view is that the
flaws are so glaring, i.e., no convictions and the problems within
the UIF, that even a superficial review will come down hard on the
GoA. Contini, as head of the operational team, seems inclined to
issue a report highlighting a lack of political will to
meaningfully combat money laundering and terror financing.
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Comment
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¶1. (C) Summary: The GOA responded with heavy artillery to a remark WHA
A/S Valenzuela made during a December 16 press roundtable. Immediately
after the press roundtable, Argentine media started focusing almost
exclusively on A/S Valenzuela’s remark that the American business
community in Argentina had conveyed to him concern about rule of law and
management of the economy in Argentina. The press reported that
Valenzuela contrasted these concerns “with the enthusiasm and investment
intentions” of the American business community in 1996. GOA officials
also expressed their dissatisfaction with the remarks. The Ambassador and
other Country Team members used a December 17 reception for journalists
to stress our desire to work constructively with Argentina, and the
Ambassador has reached out to GOA officials to urge a prompt end to their
criticisms. Government press is beginning to report a softening tone, but
we think that it is too early to tell. End Summary.
¶2. (C) Immediately prior to departure from Buenos Aires on December 16,
WHA A/S Valenzuela met at the Embassy with about a dozen Argentine print
journalists. He followed 20 minutes of remarks by taking questions for
another 20 minutes, explaining his desire to introduce himself to his
regional counterparts and undertake a dialogue with them on regional
developments.
¶4. (C) The GOA response came swiftly. That same night, three GOA
ministries publicly commented (in a clearly coordinated fashion) on the
Valenzuela remarks. Interior Minister Florencio Randazzo said “Argentina
is enjoying a phase of complete institutional and legal guarantees. The
country has left behind the times when a foreign official could come and
say what needed to be done. There is no lack of rule of law. The
difference now is that the Government protects the people, and in the
1990s it protected the companies’ interests that took millions out.”
¶5. (C) Following the Randazzo statement, the Foreign Ministry issued a
four-point communiquC) saying that: (1) the generalized nature of the
Assistant Secretary’s remarks about supposed concerns in the American
business community made it impossible for the GOA to address the alleged
concerns; (2) the MFA had already written Ambassador Martinez to clarify
similar remarks that she had made the previous week in Cordoba but had
received no reply; (3) Argentine authorities had received no complaints
from American companies operating in Argentina; and (4) the GOA
reiterates its disposition to analyze “all aspects that allow us to
promote reciprocal relations, especially economic, between the two
countries. Open and consolidated channels are available to both
governments for this dialogue.”
¶6. (C) The GOA’s third statement on December 16 came from Justice
Minister Julio Alak, who called Valenzuela’s statements “unusual
and unjustified.” Alak claimed that “rule of law is a fundamental asset
in the country that has been protected and rescued from the more adverse
conditions coming from the institutional and economic crisis in 2001 and
2002.”
¶7. (C) After the initial salvos, the GOA officials who met with
Valenzuela chimed in. Vice Foreign Minister Victorio Taccetti (who
received Valenzuela December 15 at the MFA and hosted him for lunch)
said, “Valenzuela is free to think as he wishes, but the truth is that
1996 is the prelude of the most important crisis Argentina faced. It is
possible that he felt glad in 1996, but that ended in the 2001 crisis
that impacted many companies, including some American ones. Argentina
doesn’t want to set off sparks (“sacarse chispas”) with the United
States; it is Valenzuela who opines without basing his statements on
reality.”
¶8. (C) Cabinet Chief AnC-bal FernC!ndez said, “We are not talking about
a statement that comes from American businessmen, but of (Valenzuela’s)
prejudices, and that is much more sensitive and what worries me most. I
was concerned to find out that he was critical of many Latin American
democracies, and one of the supporters of the Washington Consensus.”
¶10. (C) Argentine press reported that FM Jorge Taiana, who was in
Copenhagen for the COP-15 meetings, used a brief pull-aside with
Secretary Clinton to complain about Valenzuela’s remarks. Taiana told the
press that Valenzuela’s words “were unfortunate and show his ignorance of
the Argentine reality. His reference to the administration of Menem as a
time of great growth, when it was precisely the time when Argentina was
hurling headlong toward its worst crisis in history, like a train with no
brakes, was even more unfortunate.”
¶11. (C) Former president Nestor Kirchner said “the statements by someone
who should come with a different policy for Latin America are deplorable.
Valenzuela belongs to the groups that participated in the Washington
Consensus; the neo-liberal model that caused so much damage to the whole
region.” Kirchner ally Deputy AgustC-n Rossi (leader of the FpV bloc in
the Chamber) said “Valenzuela’s visit was not encouraging. We thought the
time when foreign officials came to lecture us was over.” Regarding
Valenzuela’s comparison of the current reality with the one in the 1990s,
he said: “it is a fallacy to say we were better with Menem’s
administration; the cracks of the convertibility plan were evident and
led Argentina to bankruptcy.” The leader of the FpV bloc in the Senate,
Miguel Pichetto, said “Valenzuela keeps adding mistakes to the U.S.
relation to Latin America, because a diplomat visiting a country should
be much more cautious when commenting on our domestic politics and the
economic recovery our government achieved.” A couple of days later, at a
December 20 political rally, Nestor Kirchner said “disrespectful
viceroys” should first criticize what was happening in the United States.
He blamed Argentina’s loss of rule of law on the U.S. crisis that “left
millions of Americans without their jobs, homes or savings.”
Opposition is Divided
-------------------------
¶12. (C) Reaction among the opposition was divided. Some, such as Santa
Fe governor Hermes Binner, a highly regarded moderate Socialist and
possible presidential candidate, said that Valenzuela’s remarks tracked
very closely with complaints that, they, too had heard from the business
community. Others, such as
Socialist Senator Ruben Giustiniani, who usually coincides with Binner,
objected to any foreign official relaying any criticism of Argentina,
while Radical congressional deputy Ricardo AlfonsC-n took issue with what
he interpreted as Valenzuela’s praise for Menem policies in the 1990s:
“We, the Argentines, know that during those years there was a looting of
national assets. For us, it was a disaster.” However, the head of the
Radical Party (UCR), Senator Ernesto Sanz (who joined Valenzuela’s
December 16 lunch with Vice President Cobos) said “it seems it was
necessary that a foreigner come to say this. We have been denouncing the
lack of rule of law from Congress for four or five years. With each law
the Kirchnerists passed, (the country) moved one step towards a lack of
rule of law.” Another prominent opposition leader, Deputy Margarita
Stolbizer (GEN), said, “Unfortunately, Valenzuela is right. This
government condemned us to isolation because of lack of rule of law, and
Valenzuela only relayed how the world sees us.” Leftist congressional
deputy and film director Pino Solanas (Proyecto Sur Bloc Leader) said, “I
strongly repudiate Arturo Valenzuela’s statements. He is the envoy of the
empire whose government has legitimized the coup in Honduras. Mr.
Valenzuela represents the government that keeps thinking the disastrous
and tragic 1990s for Argentina are a model to follow.”
¶13. (C) The Ambassador and other Country Team members used a December 17
reception for journalists to stress our desire to work constructively
with Argentina, stressing our common interests and extensive cooperation.
The Ambassador’s conciliatory remarks received broad press play. The
Ambassador called VFM Taccetti, who offered her a long explanation of why
the GOA in the wake of the 2001-02 crisis had been forced to “pesify”
contracts that had been denominated in dollars at a new exchange rate
that was disadvantageous to foreign businesses. (Note: “Pesification” has
been a common theme of many of the complaints that U.S. investors took to
the World Bank’s International Court for the Settlement of Investment
Disputes.) Those pesified contracts nonetheless continued to be
profitable, Taccetti claimed. He said Argentina’s current challenge,
however, was to maintain employment levels, which explained the GOA
position regarding Kraft and other labor disputes. Taccetti asked if
Washington could issue a conciliatory statement. The Ambassador also
requested a meeting with Cabinet Chief Anibal Fernandez to urge a prompt
end to GOA public complaining about A/S Valenzuela’s remarks. Press
reported widely A/S Valenzuela’s clarification (delivered at his next
stop, Montevideo) that he was merely relaying some concerns expressed to
him by American businesses operating in Argentina.
¶14. (C) The GOA’s Telam news service sent December 18 a story that led
with “Cabinet Chief Anibal Fernandez sought today to lower the tone on
the controversy generated by (Valenzuela’s) remarks.” The wire story
quoted Fernandez saying he had “a very good conversation with Valenzuela
on important topics, and Valenzuela never mentioned concerns about rule
of law.” Fernandez claimed that Valenzuela had several years ago made
similar claims about Argentine rule of law, suggesting a predisposition
to judge Argentina. “But this man is not the United States, no matter how
important he is. The United States is the United States.” Another wire
service reported that VFM Taccetti said “This topic has already passed.
Maybe (Valenzuela) knows why he said it. We think it’s absurd. We are
looking straight ahead... I think the points of agreement between United
States and Argentina were aired in the meetings we had. No one else in
the region has been more firm on Iran. We are working in Haiti... The
agreements are notable. In general, U.S. policies and ours on
international matters are in agreement.”
¶15. (C) AmCham told post’s Commercial Counselor that it was taking a
positive response to press inquiries, talking up the positive
contributions their members make to Argentina’s economy and their desire
for dialogue with the GOA on the business and investment climate.
Subsequently, some AmCham members told us privately that they were
pleased a high-ranking U.S. diplomat publicly relayed their concerns. The
AmCham President said he intended to take advantage of the opening
offered by the MFA’s request for specific concerns about the business
climate by sending the MFA letter requesting a meeting to review concerns
in detail.
Comment
----------
¶16. (C) Once again, the Kirchner government has shown itself to be
extremely thin-skinned and intolerant of perceived criticism. Concerns
about the weakness of Argentina’s institutions, and the rule of law in
particular, are a dime a dozen in the Argentine press, voiced by
academics, business leaders, judges, opposition politicians, pundits, and
NGOs. Argentines are well aware that Argentina is not attracting as much
investment as are Brazil, Chile, and others in the region. The business
community’s anxiety about arbitrary and capricious rule changes is well
known to the Argentine public and the government. Only die-hard
kirchneristas will agree with Randazzo’s assertion that Argentina enjoys
“full institutional and juridical guarantees,” or the MFA’s contention
that it is unaware of any dissatisfaction on the part of any American
company. For most Argentines, those are laugh lines or cynically
disingenuous statements. That said, we hope that this contretemps will
soon peter out, as has happened in similar such episodes in the past.