Nicaragua raises U.S. ire over seized properties
Washington may cut off aid because of the slow pace of settling
confiscation
claims by U.S. citizens.
BY GLENN GARVIN
MANAGUA -- When the Nicaraguan government offered her $38,000
for the
electric company it seized from her parents, Carrie Gagnon knew
it was a bad
deal. But she did not realize just how bad it was until she read
in a newspaper
that Nicaragua was planning to sell the plant for as much as
$9 million.
``It's unbelievable,'' said Gagnon, a Tampa housewife. ``It's
. . . well, it's just not
right. What kind of a government is that, anyway?''
A decade after the fall of the Marxist regime that governed Nicaragua
in the
1980s, the problem of compensation for the tens of thousands
of pieces of
property it seized continues to stifle this country's economy,
poison its foreign
relations, and roil its politics.
And now it threatens to cut off Nicaragua's access to billions
of dollars in foreign
aid earmarked for rebuilding a country that has been continuously
hammered by
earthquakes, wars and hurricanes during the last 30 years.
Washington, angered by what some officials consider the slow pace
of settling
confiscation claims by U.S. citizens and the meager compensation
offered them,
is considering invoking a law that would require President Clinton
not only to cut
off all U.S. aid to Nicaragua, but lobby against loans from international
financial
institutions such as the World Bank.
``It's a very delicate situation,'' said Francisco Aguirre, Nicaragua's
ambassador to
Washington, who has been frantically lobbying against the cutoff.
``Winning a
waiver from the law has never been automatic, but this year it's
been more
delicate and more difficult than ever before.''
PROPERTY PROBLEM
The property problem is by no means restricted to U.S. citizens.
The vast
majority of people who lost land, homes or businesses to the
orgy of
confiscations during the 1980s were Nicaraguans.
And the repercussions ripple throughout the economy here: Buying
and selling
land is difficult because of the tangled underbrush of conflicting
property claims,
which in turn makes it difficult for foreign investors to locate
in Nicaragua.
But it is the 800 or so pending claims by U.S. citizens -- rather
than the 9,700 by
Nicaraguans -- that get the most public attention because of
a 1994 U.S. law that
prohibits aid to countries that expropriate property from U.S.
citizens without
compensation.
The law permits Clinton to issue a waiver if the State Department
certifies that a
sincere effort is being made to resolve the claims. For six years
in a row,
Nicaragua has received the waiver.
But, with certification coming up again this month, it is clear
that tempers are
fraying in Washington. Not only has U.S. Ambassador Oliver Garza
issued
repeated public warnings that he might recommend against a waiver,
but a bill
introduced in Congress would actually prohibit it.
``Our government has been very patient, but, regrettably, our
patience seems to
have been misinterpreted by the government of Nicaragua as a
lack of interest,''
said U.S. Rep. Benjamin Gilman, R-N.Y., the bill's sponsor.
Many of the 800 or so U.S. citizens with property claims pending
here are openly
rooting for the law to be invoked. Carrie Gagnon and her husband,
George, a
stockbroker, are among them. They are furious that loans from
the
U.S.-supported Inter American Development Bank will be used to
help Nicaragua
sell their family power company for millions of dollars, while
the government offers
them a comparative pittance.
TAX DOLLARS
``My in-laws are paying their own hard-earned tax dollars to give
aid and comfort
to the very Nicaraguan government that is robbing them,'' George
Gagnon said.
``American dollars are working against us as American citizens
because of the
Nicaraguan government's bad faith. It's scandalous, and it's
got to be stopped.''
The Gagnons' story is not only of the origins of the property
problem, but what
critics call the abusive tactics the Nicaraguan government has
sometimes
employed as it tries to untangle the mess.
The electric company was founded by Carrie Gagnon's grandfather
in 1951 in the
northern Nicaragua city of Matagalpa. The company had a silent
-- and, the
Gagnons say, unwelcome -- partner: Anastasio Somoza García,
the patriarch of
the family dynasty that ruled Nicaragua.
``You couldn't get bank loans or import machinery and spare parts
in those days
without Somoza's permission, so he got 50 percent of the company
for $1,'' said
George Gagnon. ``His only role at the company was to collect
half the profits.''
By 1979, the electric company had 6,000 customers. But when the
Somoza
regime was toppled that year by Marxist Sandinista guerrillas,
the power
company was one of what by some estimates were 170,000 pieces
of property
seized by the new government. The Gagnons received nothing for
their half.
FREE ELECTIONS
Eleven years later, when the Sandinistas finally held free elections
and lost, the
Gagnons filed a claim for the power company. But President Violeta
Chamorro's
government refused to give it back and offered the family only
$38,000 in
compensation -- and that in 15-year bonds that could only be
redeemed in person
in Nicaragua.
The Gagnons indignantly rejected the offer. But indignation turned
to rage when
they learned that the government is privatizing its power grid
-- which includes
their old company -- and expects to receive between $400 and
$1,500 per
customer from the winning bidder in August. That means Nicaragua
will get
between $2.4 million and $9 million for the Gagnons' property.
``It's so unfair, so incredibly unfair, that it's almost impossible
to believe,'' said
George Gagnon, who has been faxing warnings to the multinational
corporations
expected to bid on the Nicaraguan electrical system, warning
them that they will
find themselves mired in lawsuits if his family is not paid.
Even some Nicaraguan officials have blanched when confronted with
the Gagnon
case. ``That's a big discrepancy, between $38,000 and $2.4 million,
and we're
going to reanalyze that case,'' said Luis Tellería, director
general of the
government office that sets financial offers for property claims.
``It's possible
there's been a mistake, and we'll see.''
But many confiscados, as they're called here, say that low-ball
offers and
excessive demands for paperwork are not mistakes, but business
as usual in the
way Nicaragua handles property claims. The government deliberately
tries to wear
them down so they will settle cheaply or even give up, they say.
RULES OF GAME
``They keep changing the rules of the game,'' said Dwight Kleine,
an Orlando
time-share salesman who is pursuing half a dozen claims for auto
dealerships
and parts companies that were confiscated from his parents. ``First
they want this
piece of paper, then they want another, then they want a tax
record or something
that one of their own government offices lost -- and you're responsible
for coming
up with it.''
Kleine's case grew so notorious -- the government demanded completely
new
paperwork from him four times in two years -- that it prompted
Ambassador Garza
to write a letter to the Nicaraguan government warning that ``we
are seriously
worried about due process for property claimants.''
Nicaraguan officials say they are getting a bad rap. Many confiscados
inflate their
losses to ridiculous levels, officials contended, and even those
with legitimate
claims often expect the government to simply take their word
for it.
``A lot of people come in here and say, you took my farm, it was
about 20 acres,
pay me,'' Tellería said. ``Well, `about 20 acres' is not
a measurement -- we need
deeds and surveys to tell us exactly how much it is so we can
value it correctly.
``Or even if the man has his deed, he might say, `Oh, there were
10 John Deere
tractors on the farm, those were confiscated too. Pay me.' But
when we say,
`Show us bills of sale, show us records that you paid customs
duties to import
them, but don't expect us to just pay you without proof,' he
gets angry.''
Tellería and other officials say that the United States
is complaining the most
loudly at precisely the time that President Arnoldo Alemán's
government is
starting to make real progress on resolving the claims.
THE CLAIMS
Of 17,000 property claims filed with the Nicaraguan government,
more than 7,200
have been resolved -- nearly 3,000 of them in the last three
years, officials say.
Nicaragua has paid out $735 million to settle the claims.
On the claims filed by U.S. citizens, the officials say, the box
score is even
better. About 3,200 of 3,800 have been resolved, more than 40
percent of them
during the past three years.
Their argument will probably carry the day, some U.S. officials
say, but just
barely. ``They'll probably get the waiver,'' said a U.S. Senate
staffer who follows
Nicaraguan issues closely. ``But they've got to wake up -- this
has been going on
for 10 years, and that's more than long enough. Two years ago,
they got it
because the Alemán government was new and we were still
on a honeymoon.
Last year they got it because of Hurricane Mitch. From now on,
they're going to
have to earn it.''