The New Corporate m; Colonialism . t? ?x?xg 8 1856 i? i . V, mullrIWShn w: BLACKROCK A A I TRANSPARENCY . PROJECT The New Corporate Colonialism How BlackRock built its Mexican infrastructure business through a tangled web of cronyism, corruption and conflicts of interest Overview Since 2011, BlackRock, the world’s largest asset manager, has rapidly expanded its presence in Mexico, buying local companies, expanding its in-country operations, appointing and hiring key Mexican business and political leaders and aggressively ramping up its infrastructure financing business. As Mexico has sought badly needed foreign direct investment, BlackRock has masterfully negotiated the country’s byzantine system of cronyism and political patronage to get a favored seat at the table. While this has undoubtedly been good for BlackRock’s bottom line, many Mexicans question whether the firm’s activities have been good for them. And while BlackRock’s CEO, Larry Fink has worked to cultivate a profile as a promoter of a more transparent and benevolent vision of capitalism, his firm’s aggressive inroads into Mexico appear to have benefited from, and even reinforced, the country’s stubborn corruption. Over the last several years, BlackRock has not only expanded its presence in Mexico but strengthened ties to the some of the country’s most powerful people. Marco Antonio Slim Domit, the son of Mexico’s richest man, Carlos Slim, joined BlackRock as a board member in 2011. 1 The country’s former undersecretary of finance Gerardo Rodríguez Regordosa joined the company as a managing director in 2013.2 In mid-2015 the company had a 50-member team in its Mexico office managing approximately $26 billion in assets.3 By 2017, it acquired the asset management business of Mexico’s Citibanamex, a transaction involving another $31 billion in assets.4 It has aggressively moved into pensions as well, successfully capitalizing on regulatory changes allowing global asset managers to manage Mexican pensions on behalf of Mexican workers. 5 1 Mary Pilon, Son of the World’s Richest Man Joins BlackRock Board, The Wall Street Journal, September 27, 2011, available at https://blogs.wsj.com/deals/2011/09/27/son-of-the-worlds-richest-man-joinsblackrock-board/. 2 BlackRock hires emerging markets managing director, FTSE Global Markets, April 11, 2013, available at http://www.ftseglobalmarkets.com/news/blackrock-hires-emerging-markets-managing-director.html. 3 BlackRock to Acquire Infraestructura Institucional, Business Wire, June 12, 2015, available at https://www.businesswire.com/news/home/20150612005330/en/BlackRock-Acquire-InfraestructuraInstitucional. 4 BlackRock Press Release, BlackRock to Acquire Asset Management Business of Citibanamex, November 28, 2017, available at http://ir.blackrock.com/file/Index?KeyFile=391251077. 5 (Spanish) Gabriela Huerta, Afore XXI Banorte tambien aumenta su mandato con Schroders, Funds Society, available at http://www.m.fundssociety.com/es/noticias/negocio/afore-xxi-banorte-tambienaumenta-su-mandato-con-schroders. 1 But BlackRock Mexico’s infrastructure financing business is where the company has placed its biggest bets. Encouraged by a new and charismatic president, Enrique Peña Nieto, who committed to opening up the country and its energy sector to foreign infrastructure investment, BlackRock rushed in, buying infrastructure management companies, toll roads, hospitals, gas pipelines, prisons, and oil exploration businesses. For BlackRock, international infrastructure makes sense. The demand for higher-yielding investment options, with predictable returns is stronger than ever and infrastructure investments fit the bill in this regard. BlackRock’s strategy is to meet that demand through alternative investment offerings like real estate, commodities and infrastructure.6 7 But BlackRock’s infrastructure ambitions have also clashed with Chairman Fink’s kinder, gentler vision of capitalism, opening the company to charges of hypocrisy for its aggressive business ambitions in a country that Transparency International still ranks as among the world’s most corrupt.8 “Society is demanding that companies, both public and private, serve a social purpose,” Fink wrote in his annual letter to shareholders and company CEOs this past January. 9 In Mexico however, the record shows that BlackRock has often not adhered to those standards, becoming one of the largest and most influential private infrastructure investors in the country by making deals and striking relationships with a menagerie of shady characters. Fink is chummy with the highly unpopular Peña Nieto and other key Mexican officials and business leaders linked to corruption. BlackRock has numerous business partnerships with state-owned PEMEX – a company where “corruption is everywhere and at all levels of the hierarchy” according to a former PEMEX CEO. 10 Such relationships reveal a glaring inconsistency between BlackRock’s “social purpose” rhetoric and its actual business behavior. 6 William L. Watts, Institutional investors want real estate, real assets, BlackRock survey finds, MarketWatch, January 16, 2014, available at http://blogs.marketwatch.com/thetell/2014/01/16/institutional-investors-want-real-estate-real-assetsblackrock-survey-finds/. 7 https://www.blackrock.com/institutions/en-axj/investment-capabilities-and-solutions/alternativestrategies. 8 Alexandra Ma, These are the most corrupt countries in the Western world, Business Insider, February 21, 2018, available at https://www.businessinsider.com/list-most-corrupt-western-nations-on-transparencyinternational-list-2018-2. 9 Larry Fink, Larry Fink’s Annual Letter to CEOs: A Sense of Purpose, BlackRock, January 17, 2018, available at https://www.blackrock.com/corporate/investor-relations/larry-fink-ceo-letter. 10 Ronald Buchanan, ‘Corruption is Everywhere’ Within Company, Says Former Pemex Chief, Natural Gas Intel, April 5, 2018, http://www.naturalgasintel.com/articles/113934-corruption-is-everywhere-withincompany-says-former-pemex-chief. 2 BlackRock’s Larry Fink toasts Mexican President Peña Nieto after PEMEX deal in July 2015 A detailed examination of the record by the BlackRock Transparency Project shows repeated instances of the Peña Nieto administration appearing to ensure BlackRock’s infrastructure deals succeeded. In one case, an oil and gas company acquired by BlackRock through the purchase of a subsidiary only a month prior, won a major exploration bid by state-owned PEMEX. The bid was the only one awarded in the country’s first public tender process to open exploration to private companies. In another case, the Peña Nieto administration inexplicably raised payments by 18 percent to a prison contractor who had repeatedly missed construction deadlines just before BlackRock bought the project. In a third case, President Peña Nieto signed an executive order expropriating 91 acres of land for a toll road construction project marred by local protests less than a month after BlackRock’s acquisition of the project’s owner. Among BTP’s other findings: • Over the past seven years, BlackRock and Larry Fink created a remarkably close partnership with the Peña Nieto Administration and state-owned petroleum company PEMEX, meeting frequently with the president and his finance minister in Mexico and New York and signing several infrastructure and energy partnerships and agreements – at least one without a transparent and competitive bidding process. • BlackRock took advantage of Mexican President Peña Nieto’s 2013 energy reforms and its relationships with top PEMEX execs to invest at least a billion dollars, including hundreds of millions of Mexican pension assets, in oil and gas exploration 3 projects and gas pipelines. This prompted outrage from across Mexico that average people’s financial security could be put at risk. • BlackRock has benefited from an almost continuous “revolving door” relationship with the Mexican government since Peña Nieto assumed office. In 2013, the company hired Mexico’s former undersecretary of finance and credit, Gerardo Rodriguez Regordosa (an expert in pensions and infrastructure), presumably to capitalize on infrastructure investment opportunities in President Peña Nieto’s development and infrastructure plans. • The revolving door has swung the other way as well: BlackRock’s Mexico CEO Isaac Volin became general director of PEMEX subsidiary PMI Comercio Internacional in 2016. As the new head of the company’s international trading arm, Volin, for all practical purposes was PEMEX’s second in command, overseeing numerous PEMEX subsidiaries – including some that have alleged involvement in notorious tax haven scandals. • In 2015, BlackRock purchased Infraestructura Institucional (aka “I Cuadrada”), an infrastructure investment fund closely tied to Mexico’s top political elites. Only one month after BlackRock’s acquisition, an oil and gas company in I Cuadrada’s portfolio received a major oil exploration and drilling contract from PEMEX, the only award granted. • BlackRock’s purchase of I Cuadrada came with several other problems as well, including numerous allegations of contractors involved in corruption, conflicts of interest, waste, fraud and project mismanagement. Throughout it all, BlackRock and its powerful CEO refined the company’s access and influence business model to aggressively court top Mexican business elites and politicians for business deals with almost unlimited impunity. While BlackRock’s record of questionable behavior in Mexico is troubling enough, its focus on public private partnerships raises larger concerns: Allowing large asset managers to operate and control public infrastructure assets that taxpayers have funded, sometimes for decades, can force governments to decide between two bad economic outcomes -- using taxpayer resources to subsidize uneconomic projects or forcing pensioners to take losses. The recent landslide election of Andrés Manuel López Obrador (“AMLO”), who has promised to curb corruption in Mexico, may spell trouble for Larry Fink and BlackRock’s future infrastructure ambitions. AMLO has criticized Peña Nieto’s energy reforms, and on the campaign trail has promised to re-examine contracts tainted by influence and corruption.11 He has also called out the suspicious timing of the sale of I 11 The Economist Intelligence Unit, AMLO’s policies under scrutiny, The Economist, April 13, 2018, available at http://country.eiu.com/article.aspx?articleid=626612446&Country=Mexico&topic=Politics. 4 Cuadrada to BlackRock a mere month before one of the company’s major oil and gas investments won a major PEMEX contract. His choice for energy minister, Rocío Nahle García, a fiery former legislator, has criticized the employment revolving door between BlackRock and PEMEX as well as the energy reforms of the Peña Nieto administration. On the other hand, there have already been hints that overhauling Mexico’s system of corruption and cronyism will be easier said than done. In what appeared to be a change of heart, the populist candidate backed away from some of his campaign promises as Mexico’s Presidential election approached this summer – vowing that energy contracts would not be canceled, only reviewed, and reassuring investors that he was not a “radical leftist.” Importantly, AMLO’s moderation coincided with a May 2018 meeting with the 28th most powerful person in the world – BlackRock CEO Larry Fink.12 It now seems that AMLO, like Peña Nieto before him, could embrace the political benefits he can garner from BlackRock’s power. Introduction The July 2012 Presidential election of Enrique Peña Nieto provided the catalyst to put Fink’s Mexico infrastructure ambitions into play. The two had met privately in New York City the previous November during the campaign where the candidate laid out his economic vision and courted Wall Street investors to take a new look at opportunities in the country’s rapidly growing economy.13 One year later, in 2013, BlackRock’s annual report included an entire section titled “The Infrastructure Opportunity” in which CEO Larry Fink wrote that, “governments simply cannot afford to self-fund infrastructure projects” and that pension funds were “ideally suited” to fill the financing void. 14 Fink’s “access and influence” business model is ideally suited to public private partnerships for infrastructure deals. The company often touts its “exclusive access to senior executives and leaders at a government and corporate level” for ‘off-market deal flow.’”15 And the company continues to be a landing spot for senior ex-government 12 The World’s Most Powerful People: 2018 Ranking, Forbes, May 8, 2018, available at https://www.forbes.com/powerful-people/list/#tab:overall. 13 (Spanish) Busca Enrique Pena Nieto inversionistas en EU, La Primera Plana, November 17, 2011, available at http://laprimeraplana.com.mx/busca-enrique-pena-nieto-inversionistas-en-eu/. 14 BlackRock Inc., 2013 Annual Report, Page 15, available at http://ir.blackrock.com/Interactive/newlookandfeel/4048287/annual/2013AR/blackrock_0415a/assets/pdfs/ BlackRock_AR13_AllPages.pdf. 15 https://www.blackrock.com/institutions/en-us/strategies/real-assets/infrastructure#investment-access. 5 officials – BlackRock has hired at least 84 former government officials, regulators and central bankers since 2004.16 The timing of Peña Nieto’s victory couldn’t have been better for BlackRock. Only a year earlier it launched a new infrastructure group within its Alternative Investors division headed by Jim Barry, the former CEO of Dublin-based infrastructure developer NTR plc.17 Barry’s new division was originally focused on identifying investment opportunities in renewables and alternative energy, but appears to have quickly pivoted to aggressively looking for new infrastructure plays globally.18 “There is massive institutional interest in owning these [infrastructure] assets,” Barry said in early 2013. The asset manager’s 2012 purchase of Swiss Re, a private equity fund that specialized in investing in infrastructure showed that Barry and BlackRock meant business.19 Peña Nieto’s promised economic reforms provided the perfect opportunity. Days after his July election victory, Peña Nieto named his campaign coordinator Luis Videgaray to oversee Mexico’s new economic reforms.20 By September, Videgaray was appointed finance minister and quickly set to work negotiating the new President’s “Pacto por Mexico”.21 The Government’s ambitious economic plan included pension reforms; expansion and modernization of the country’s roads, ports, rail network and energy resources; and perhaps most importantly, the opening of Mexico’s state oil monopoly Petróleos Mexicanos (PEMEX) to private investment for the first time in the company’s 76-year history.22 16 The BlackRock Revolving Door, BlackRock Transparency Project, June 27, 2018, available at http://blackrocktransparencyproject.org/2018/06/27/the-blackrock-revolving-door/. 17 https://www.blackrock.com/institutions/en-us/biographies/jim-barry. 18 Emmet Oliver, NTR seals deal with global powerhouse BlackRock, The Independent, March 1, 2011, available at https://www.independent.ie/business/irish/ntr-seals-deal-with-global-powerhouse-blackrock26709424.html; Amy Or, BlackRock to compete with Blackstone in direct PE, MarketWatch, July 18, 2012, available at https://www.marketwatch.com/story/blackrock-to-compete-with-blackstone-in-direct-pe-2012-07-18. 19 Louise Bowman, Institutional buyers jostle for position in new infrastructure debt market, Euromoney, January 29, 2013, available at https://www.euromoney.com/article/b12kjwcll11hcd/institutional-buyersjostle-for-position-in-new-infrastructure-debt-market. 20 (Spanish) Pena Nieto anuncia a su primer equip de trabajo para tomar la presidencia., Expansion, July 11, 2012, available at https://expansion.mx/nacional/2012/07/11/pena-nieto-anuncia-a-su-primer-equipo-detrabajo-para-tomar-la-presidencia 21 David Luhnow, The Man Behind Mexico’s Top Candidate, The Wall Street Journal, April 27, 2012, available at https://www.wsj.com/articles/SB10001424052702304331204577352453990414074; (Spanish) Enrique Hernandez, Videgaray fue fundamental para el Pacto por Mexico, Forbes Mexico, September 7, 2016, available at https://www.forbes.com.mx/videgaray-fue-fundamental-para-el-pacto-pormexico-segob/. 22 (Spanish) Embajada de Mexico En Italia, Pacto por Mexico, December 2, 2012, available at https://embamex.sre.gob.mx/bolivia/images/pdf/REFORMAS/pacto_por_mexico.pdf; Dolia Estevez, After 76 Years of Nationalism, Oil-rich Mexico Welcomes Foreign Capital, Forbes, August 14, 2014, available at https://www.forbes.com/sites/doliaestevez/2014/08/14/after-79-years-of-nationalism-oil-rich-mexicowelcomes-foreign-capital/#4771081110c1. 6 Peña Nieto’s new government published another ambitious National Development Plan on May 20, 2013.23 According to lawyers Hans Goebel and Gunter Schwandt, writing for the International Financial Law Review (IFLR), more than half of the President’s commitments were related to infrastructure and, importantly for BlackRock, included new strategies to court capital markets and private equity participants to help finance Mexico’s ambitious infrastructure commitments.24 One way to do that, according to Goebel and Schwandt, was to tap money invested in Mexican pension funds known as SIEFORES (sociedades de inversion especializadas de fondos para el retiro). Important regulatory changes in 2009 opened the door for the private financial institutions that managed Mexican pension funds (known as administradoras de fondos para el retiro or AFORES) to invest a significant portion of their assets in domestic private equity and infrastructure projects.25 Another important change came from Mexico’s pension regulator CONSAR in March 2011. That reform allowed AFORES to employ external asset managers to oversee a portion of Mexico pension assets for the first time ever. For large foreign asset managers like BlackRock, the regulatory change was welcome news. Isaac Volin, BlackRock’s Mexico CEO noted in 2012 that the regulatory move was “a positive development for the system, because it will allow workers funds to be invested in a better way and be in a better position to take advantage of the current limitations to investments.”26 Volin, who joined BlackRock in May 2010, was also ideally situated to help the company capitalize on Mexico’s regulatory changes: He previously served as the vice president of financial planning at CONSAR until 2005 and also spent six years with Mexico’s CNBV, the regulatory authority for the country’s banking and financial sector.27 To capitalize on the opportunities in the President’s National Development Plan, BlackRock hired other politically connected former government officials as well, 23 (Spanish) http://www.cofemer.gob.mx/documentos/marcojuridico/rev2016/PND%202013-2018.pdf. Hans P. Goebel and Gunter A. Schwandt, Financing Mexico’s next infrastructure wave, International Financial Law Review, August 27, 2013, available at http://www.iflr.com/Article/3248098/FinancingMexicos-next-infrastructure-wave.html. 25 Deloitte, Creation of value through alternative financing sources, available at https://www2.deloitte.com/content/dam/Deloitte/global/Documents/About-Deloitte/gx-deloitte-real-estatecerpis-and-ckdes-2016.pdf. 26 SLT looks closely at a market that, despite reforms, is still proving remarkably stubborn when it comes to securities lending, Securities Lending Times, May 29, 2012, available at http://www.securitieslendingtimes.com/countryfocus/country.php?country_id=64. 27 (Spanish) Isaac Volin llega a BlackRock Mexico, Expansion, May 17, 2010, available at https://expansion.mx/negocios/2010/05/17/blackrock-mexico-nombra-director; (Spanish) Press Release, La Junta de Gobierno de la CONSAR celebrará mañana 18 de marzo su reunión extraordinaria en la que se propondrá al Act. Gabriel Ramírez Fernández como nuevo Vicepresidente de Planeación de la CONSAR, Consar, March 17, 2005, available at https://www.gob.mx/cms/uploads/attachment/file/62473/bol_05_05_Vicepresidente_de_Planeacio_n.pdf. 24 7 including Gerardo Rodriguez Regordosa, Mexico’s former Undersecretary of Finance and Public Credit during the administration of Felipe Calderon. 28 Rodriguez Regordosa, who joined the company on April 22, 2013 as a managing director, brought a keen understanding of Mexico’s pension system and infrastructure priorities to the company: As head of Mexico’s Public Credit Unit from 2005 to 2011, Regordosa was in charge of activities related to the development of such infrastructure projects. And as Undersecretary, two of Rodriguez Regordosa’s key roles included the evolution and operation of the nation’s retirement and pension system and helping craft Mexico’s infrastructure investment policy. The new managing director’s pedigree may have been important to BlackRock for another reason as well: During his stint as Undersecretary of Finance and Public Credit he served on PEMEX’s Board of Directors.29 In addition to the National Development Plan, the Peña Nieto Administration also released a National Infrastructure Plan a year later in April 2014. The ambitious $590 billion public-private investment plan included 743 infrastructure projects in energy, communications, transportation, health and urban development. 30 BlackRock lauded the plan in a report titled “Infrastructure Rising: An Asset Class Takes Shape” in 2015, quoting OECD that the pace of reform in Mexico was “breathtaking” and calling the Administration’s reforms “sweeping” and “ambitious.”31 With key regulatory changes allowing pension fund investments in infrastructure projects and an aggressive National Development Plan in place, the President turned his attention to the signature policy of his Administration, energy reform. BlackRock Champions President Peña Nieto’s Energy Reforms A month after Peña Nieto assumed the presidency, Fink’s enthusiasm for Mexico was unmistakable. “I love Mexico. Mexico is an incredible growth story,” Fink gushed to CNBC’s Mario Bartiromo in January 2013. “It’s an energy story. It’s a cheap labor story 28 BlackRock hires emerging markets managing director, FTSE Global Markets, April 11, 2013, available at http://www.ftseglobalmarkets.com/news/blackrock-hires-emerging-markets-managing-director.html; (Spanish) Subsecretario de Hacienda y Credito Publico, Blog de la Presidencia, available at http://calderon.presidencia.gob.mx/blog/semblanza-gerardo-rodriguez/. 29 Business Plan 2013-2017, PEMEX, Page 4, June 11, 2014, available at https://www.slideshare.net/oswaldohernandezmartinez14/pemex-35751758?from_action=save. 30 Anthony Harrup, Mexican Government Boosts Infrastructure Investment Plan, The Wall Street Journal, April 28, 2014, available at https://www.wsj.com/articles/mexican-government-boosts-infrastructureinvestment-plan-1398718566. 31 BlackRock, Infrastructure Rising: An Asset Class Takes Shape, Page 10, April 2015, available at https://www.laforum.co.uk/download-manager/download-white-paper/220/. 8 and it’s a great location story relative to the United States. So Mexico is a great place to be.” 32 Seven months later in August 2013, Peña Nieto proposed changes to Mexico’s constitution allowing private companies to contract with PEMEX to drill for oil and gas and share profits with the energy monopoly. The move opened up Mexico’s energy sector to private, foreign investors for the first time since President Lazaro Cardenas had nationalized the country’s oil reserves back in 1938.33 In a Bloomberg interview days after the President’s announcement, BlackRock Senior Portfolio Manager Will Landers praised the move as good for Mexico’s economic growth, predicting that the changes could increase the growth of Mexico’s GDP from 3.5% to 5% over three to five years.34 BlackRock CEO Larry Fink praised the move as well: “Mexico is at the beginning of a real revolution,” he said at a UCLA event on October 3rd. Peña Nieto’s plan to end the PEMEX monopoly would make Mexico one of the world’s biggest energy producers, he said, noting that Mexico had become his favorite international destination to put money.35 At a New York Times Dealbook conference in November, Fink again praised the President’s reforms: “When you look at the world right now… and you see which governments are actually doing something on the structural side that is good for their own economy that goes against their own popularity… Mexico is right there,” Fink said. “If I were 22 years old and I didn’t know what I wanted to do, I would move to Mexico right now because I think the opportunity is huge there.”36 A month later, on December 13, 2013, Mexico’s Congress approved the President’s energy reform package allowing private foreign companies to drill for oil and gas and share profits with PEMEX.37 The President signed the bill into law eight days later on December 21st.38 32 Maria Bartiromo, BlackRock’s Fink: Investors Moving Into Equities, CNBC, January 17, 2013, available at https://www.cnbc.com/video/2013/01/17/blackrocks-fink-investors-moving-into-equities.html?play=1. 33 David Argen, Mexico proposes to open up oil to foreigners, USA Today, August 12, 2013, available at https://www.usatoday.com/story/news/world/2013/08/12/mexico-oil/2642629/. 34 Mexico’s Oil Reform, Bloomberg, August 20, 2013, available at https://www.youtube.com/watch?v=7mfxnyrdTjk. 35 Katia Porzecanski, BlackRock’s Fink is Captivated by PIMCO Favorite Mexico, Bloomberg, October 7, 2013, available at http://www.snellrealestate.com/news/blackrocks-fink-captivated-pimco-favorite-mexicobloomberg. 36 Robert Stowe England, In an Emerging-Markets Slide, Mexico Holds Steady, Institutional Investor, February 5, 2014, available at https://www.institutionalinvestor.com/article/b14zbgts9nws3y/in-anemergingmarkets-slide-mexico-holds-steady. 37 The Mexico Institute, Mexican Oil and Gas: Christmas Arrives Early, Forbes, December 12, 2013, available at https://www.forbes.com/sites/themexicoinstitute/2013/12/12/mexican-oil-gas-christmasarrives-early/#3a16ebcd3f81. 38 Mexican president signs controversial oil and gas law, BBC, December 21, 2013, available at https://www.bbc.com/news/world-latin-america-25471212. 9 While the approval may have been a victory for BlackRock, the reforms were highly controversial among many Mexicans.39 Most were vigorously opposed to opening PEMEX to private investors, believing that Mexico’s oil reserves were a source of national pride and should remain a public resource. In fact, the country celebrates the 1938 nationalization of its oil resources with a public holiday every March 18th.40 Prior to its passage, opposition legislators blockaded the entrance to Congress in an attempt to prevent a vote on the legislation.41 Antonio García, a PRD legislator even stripped off his clothes on the floor of Congress to protest the “stripping of Mexico’s oil wealth.”42 After the vote, Ricardo Monreal, the leader of the leftist Citizens’ Movement in the Chamber of Deputies summed up the thoughts of many Mexican citizens: “Today is a black day. More poverty for everyone, which has been the rule for Mexican privatizations.”43 Mexican protests before 2012 energy In an indication of just how closely aligned reform vote BlackRock and the Peña Nieto Administration were on the country’s energy and economic reforms, Fink and Luis Videgaray – the President’s finance minister and the architect of his economic and energy reform packages – took a victory lap on the same episode of PBS’ Charlie Rose two months later on February 11, 2014.44 Charlie Rose: I had the finance minister from Mexico here and he's going to be on the same program with you tonight. And they came in, PRI Party the president, he's the finance minister -- they got three parties to agree. And I thought this will not happen. Larry Fink: What President Nieto did alongside his finance minister and the Central Bank is really one of the more inspiring moments. And this is why we are so bullish on Mexico. I happened to see the finance minister yesterday too… 39 Dolia Estevez, Most Mexicans oppose President Pena Nieto’s plan to open up Pemex to private investment, Forbes, June 26, 2013, available at https://www.forbes.com/sites/doliaestevez/2013/06/26/most-mexicans-oppose-president-pena-nietos-plansto-open-up-pemex-to-private-investment/#66c0a38d1a4b. 40 https://www.timeanddate.com/holidays/mexico/oil-expropriation. 41 Dave Graham, Mexican Congress passes radical shake-up of oil industry, Reuters, December 12, 2013, available at https://www.reuters.com/article/us-mexico-reforms/mexican-congress-passes-radical-shakeup-of-oil-industry-idUSBRE9BC02T20131213. 42 Aaron Heslehurst, Mexican MP strips off clothes in protest at energy decision, BBC, December 13, 2013, available at https://www.bbc.com/news/av/world-latin-america-25365314/mexican-mp-strips-off-inprotest-at-energy-decision. 43 Graham, Reuters, Dec. 12, 2013. 44 Charlie Rose, Larry Fink: Luis Videgaray, Charlie Rose, February 11, 2014, available at https://charlierose.com/videos/26180. 10 [T]he reforms that President Nieto has done is going to – if the reforms are executed properly, Mexico will become a juggernaut in energy. Despite the Mexican President’s promises and BlackRock’s forecasts, Mexico’s GDP growth rate has actually continued on a downward trend since the energy reform passage in late 2013.45 While private actors tied to BlackRock have benefitted handsomely, the Mexican economy has not experienced the dramatic 5% GDP growth as predicted by BlackRock’s Landers. The same week as Videgaray’s and Fink’s Charlie Rose appearance, Time Magazine wrote a glowing profile of the President for its February 24th international edition with the obsequious cover headline “Saving Mexico.” 46 The article described the President as passing the “most ambitious package of social, political and economic reforms in memory” and opening Mexican oil reserves to foreign investment. The “smart money has begun to bet on peso power” the article crowed. The author of the piece, Michael Crowley, also noted that Peña Nieto was assisted by a group of young technocrats including Videgaray and Emilio Lozoya Austin, the new CEO of PEMEX who had been a key campaign advisor to the President. The international cover caused uproar in Mexico as Mexican citizens swarmed social media to slam Time and Crowley for what they viewed as U.S. glorification of energy reforms that sold Mexico’s sovereignty in potentially corrupt deals. 47 The pushback was so intense that many believed both Time 45 Trading Economics, Mexico GDP Annual Growth Rate 1994-2018, available at https://tradingeconomics.com/mexico/gdp-growth-annual. 46 Michael Crowley, Mexico’s New Mission, Time Magazine, February 24, 2014, available at https://content.time.com/time/magazine/article/0,9171,2165465-1,00.html. 47 Brenda Colon Navar, Outrage and disbelief in Mexico over latest cover of Time, San Diego Red, February 14, 2014, available at http://www.sandiegored.com/en/news/77687/Outrage-and-disbelief-inMexico-over-latest-cover-of-TIME. 11 and Crowley must have taken bribes – a conspiracy that was given additional legs given BlackRock’s purchase of an almost 6% stake in Time Inc.’s parent company Time Warner in late December 2013.48 BlackRock’s support of Peña Nieto reforms pays off with major PEMEX deals On June 30, 2014 a consortium led by Odebrecht Infrastructure Latin America won a major contract with PEMEX subsidiary TAG Pipelines to build a 450 km natural gas pipeline in eastern central Mexico called Los Ramones II. The pipeline construction would traverse the Sierra Madre Mountains and run through the states of Nuevo Leon, Tamaulipas and San Luis Potosi when completed.49 A year later, Odebrecht would be the subject of a global bribery and bid-rigging scandal enveloping 11 different Latin American countries including Mexico.50 On March 26, 2015, PEMEX, BlackRock and energy private equity firm First Reserve, signed a major agreement to finance the construction of Los Ramones II. 51 The agreement was the first of many public private partnerships between BlackRock and the Peña Nieto administration for infrastructure financing. According to El Universal columnist Mario Maldonado, PEMEX CEO Emilio Lozoya Austin was tasked with approaching and presenting investment proposals to BlackRock.52 48 BlackRock Inc., SEC Schedule 13G Form, January 17, 2014, available at https://www.sec.gov/Archives/edgar/data/1105705/000108636414002038/time.warner.inc..txt. 49 Press Release, In Mexico, Odebrecht Infrastructure – Latin America Establishes Contract to Build the Los Ramones II North Gas Pipeline, Odebrecht, July 3, 2014, available at https://www.odebrecht.com/en/mexico-odebrecht-infrastructure-latin-america-establishes-contract-buildlos-ramones-ii-north-gas. 50 Daniel Gallas, Odebrecht: Brazilian construction giant in the crosshairs, BBC, August 3, 2015, available at https://www.bbc.com/news/world-latin-america-33718954; Odebrecht case: Politicians worldwide suspected in bribery scandal, BBC, December 15, 2017, available at https://www.bbc.com/news/worldlatin-america-41109132. 51 Press Release, BlackRock, First Reserve to Acquire Equity Stakes in PEMEX’s Los Ramones II Gas Pipeline Projects in Mexico, BlackRock and First Reserve, March 26, 2015, available at https://www.businesswire.com/news/home/20150326006520/en/BlackRock-Reserve-Acquire-EquityStakes-PEMEX%E2%80%99s-Los; Press Release, Pemex signs deal with BlackRock and First Reserve, PEMEX, March 26, 2015, available at http://www.pemex.com/en/press_room/press_releases/Paginas/2015-027-national.aspx. 52 (Spanish) Mario Maldonado, La conexion Pemex-BlackRock, El Universal, June 23, 2016, available at http://www.eluniversal.com.mx/entrada-de-opinion/columna/mario-maldonado/cartera/2016/06/23/laconexion-pemex-blackrock 12 In exchange for providing 45% of the financing (approximately US $900 million), BlackRock and First Reserve negotiated a 25-year gas transportation agreement with PEMEX for the pipeline project.53 BlackRock’s head of Latin America, Armando Senra underscored the importance of the contract to the company’s pension management business: “When you look at the main needs of our clients globally – including pension plans, insurance companies and sovereign wealth funds – they’re looking for long-term investments,” Senra said. “So building our infrastructure platform is a priority for the firm.” PEMEX/BlackRock Signing Ceremony for Los Ramones II Pipeline At a signing ceremony with PEMEX CEO Lozoya Austin, BlackRock’s Infrastructure Investment Group CEO Jim Barry praised the country’s energy reforms, promising “investment opportunities in Mexican infrastructure have definitely drawn our attention and we hope to explore other opportunities in the near future.”54 Those opportunities came a little over two months later on June 1st, when BlackRock’s Barry and PEMEX signed a memorandum of understanding to accelerate the development and financing of energy infrastructure projects.55 Under the agreement, BlackRock committed to provide industry expertise, risk management capabilities and sources of financing for new infrastructure projects.56 On October 30, 2015, BlackRock and PEMEX made news again, this time jointly investing US $700 million in a fuel transport project in Mexico’s central gulf that included the construction of two petrol and diesel unloading stations at the port of 53 Laurence Iliff, Mexico’s Pemex lands pipeline deal with BlackRock, First Reserve, The Wall Street Journal, March 26, 2015, available at https://www.wsj.com/articles/mexicos-pemex-lands-pipeline-dealwith-blackrock-first-reserve-1427405627. 54 Press Release, PEMEX, March 26, 2015. 55 (Spanish) Pemex y BlackRock firman acuerdo de inversion en infraestructura, Forbes, June 1, 2015, available at https://www.forbes.com.mx/pemex-y-blackrock-firman-acuerdo-de-inversion-eninfraestructura/. 56 Press Release, Pemex and BlackRock sign Memorandum of Understanding to Develop Energy Related Infrastructure in Mexico, PEMEX and BlackRock, June 1, 2015, available at https://www.businesswire.com/news/home/20150601006186/en/Pemex-BlackRock-sign-MemorandumUnderstanding-Develop-Energy. 13 Tuxpan in the state of Veracruz.57 The stations would connect to a 318km pipeline system to transport fuel to storage and distribution terminals in the central region of Mexico. In just seven months, BlackRock and PEMEX closed over US $1 billion in new energy infrastructure projects with agreements between the two to arrange financing for additional energy infrastructure projects in the future. But even as the ink was drying on BlackRock’s energy infrastructure deals, PEMEX was becoming increasingly embroiled in charges of gross mismanagement, corruption, fraud and allegations of bribery – charges that would ultimately engulf its CEO and roil the Peña Nieto administration. BlackRock’s partner PEMEX -Embroiled in scandal Named as PEMEX CEO in December 2012, Lozoya Austin appeared to have the perfect pedigree for the new PRI technocrats in the Peña Nieto administration.58 A graduate from Harvard with a Master’s in Public Administration and International Development, the President’s former campaign aide was the Director for Latin America at the World Economic Forum until 2009 and included as one of the 10 leaders with the most influence on the President.59 His three-and-a-half-year leadership of PEMEX however was largely seen as a disaster. By 2015, PEMEX’s already poor financial performance showed cratering operating losses of $38.5 billion – the worst losses in over 80 years.60 Despite the mounting losses, the number of senior managers on the PEMEX payroll tripled. According to Wolf Street, senior executives under Lozoya Austin repeatedly awarded themselves generous salary increases and lucrative perks including three executive airplanes, a helicopter and over 900 company cars and SUVs.61 Lozoya himself was said to have a personal chef and a sommelier at his disposal.62 57 Adam Critchley, Pemex embarks on Gulf-Central fuel distribution plan, BNAmericas. October 30, 2015, available at http://www.bnamericas.com/en/news/oilandgas/pemex-embarks-on-gulf-central-fueldistribution-plan. 58 (Spanish) Coldwell da posesion a Lozoya como director de Pemex, Noticeros Televisa, December 3, 2012, available at http://noticierostelevisa.esmas.com/nacional/532910/coldwell-da-posesion-lozoyadirector-pemex/. 59 Xico, Energy Reform in Mexico: Who’s Who, Bakirita Blog, June 1, 2014, available at http://bakirita.blogs.com/xico/2014/06/energy-reform-images-.html; https://www.weforum.org/about/alumni. 60 Don Quijones, How did things get this bad this fast for oil giant Pemex? Wolf Street, August 27, 2017, available at https://wolfstreet.com/2017/08/27/how-did-it-get-this-bad-for-mexico-oil-giant-pemexcorruption/. 61 Quijones, Wolf Street, August 27, 2017. 62 (Spanish) Camilo Olarte, Emilio Lozoya, en problemas?... Conozca las razones de la improbable caída del ex "mirrey" de Pemex, America Economica, January 10, 2018, available at https://www.americaeconomia.com/politica-sociedad/politica/emilio-lozoya-en-problemas-conozca-lasrazones-de-la-improbable-caida-del. 14 A 2017 Proceso investigation reported that the planes and helicopters, specifically requested by Lozoya Austin to help patrol and combat oil theft around PEMEX’s major pipelines were instead deployed to shuttle the CEO and his PEMEX colleagues to luxury resorts in Mexico and the U.S. at the expense of Mexican taxpayers.63 Mexico’s office of oversight for public funds (the Audit Superior Office or “ASF”) reported in 2015 that the company spent over $30 million on helicopter and plane flights alone and that Lozoya Austin made 727 helicopter flights, an average of two daily, while CEO.64 But it was the persistent allegations of bribery that ultimately led to his undoing. In August 2017, the anti-corruption group Mexicans Against Corruption and Impunity (Mexicanos Contra la Corrupción y la Impunidad or MCCI) alleged that Lozoya Austin accepted more than $10 million in bribes from Odebrecht officials in 2012 during his time as a top campaign aide to Peña Nieto and later as CEO of PEMEX.65 A June 2018 New York Times story reported that Lozoya Austin requested another $5 million bribery payment from a top Odebrecht official in 2014. It’s unclear whether the payment allegations were related to the Odebrecht contract for Los Ramones II. According to MCCI and the New York Times, the Odebrecht payments were allegedly passed through shell companies in the British Virgin Islands before landing in accounts controlled by the PEMEX CEO in Switzerland, Liechtenstein, and Monaco.66 Lozoya Austin was allegedly involved in other corruption scandals as well. In August 2017, Mexico’s Secretariat of Public Function opened an investigation into allegations that during his time at PEMEX, Lozoya Austin may have also used his position of influence to lobby the federal government to award concessions and projects to OHL Mexico, an infrastructure company in which he had previously served as a board member.67 63 (Spanish) Jesusa Cervantes, Pifias y despilafarros en Pemex, Proceso, August 19, 2017, available at https://www.proceso.com.mx/499702/pifias-despilfarros-en-pemex; Quijones, How did it get this bad for Mexico oil giant Pemex, Wolf Street, August 27, 2017, available at https://wolfstreet.com/2017/08/27/howdid-it-get-this-bad-for-mexico-oil-giant-pemex-corruption/ 64 (Spanish) Olarte, America Economica, Jan. 10, 2018. 65 (Spanish) Raul Olmos, En el marco de la campana presidencial de 2012, asi fueron los depositos a presuntas cuentas del priista Emilio Lozoya, Mexicanos Contra la Corrupción y la Impunidad , August 14, 2017, available at https://contralacorrupcion.mx/odebrecht-lozoya/. 66 Azam Ahmed, Mexico could press bribery charges. It just hasn’t, The New York Times, June 11, 2018, available at, https://www.nytimes.com/2018/06/11/world/americas/mexico-odebrecht-investigation.html; Quijones, Wolf Street, August 27, 2017. 67 (Spanish) SFP abrio investigacion contra Emilio Lozoya por dar ‘felicidades’ a OHL en Pemex, Aristegui Noticias, August 15, 2017, available at https://aristeguinoticias.com/1508/mexico/sfp-abrio-investigacioncontra-emilio-lozoya-por-dar-facilidades-a-ohl-en-pemex/. 15 Audio recordings purportedly showed influence peddling in which the PEMEX CEO and government officials agreed to issue tenders for road and energy concessions in ways that favored OHL Mexico according to media reports.68 To be sure, BlackRock has not been the subject of any allegations of bribery. However, the fact that bribery has long been part of the contracting culture in Mexico, and the company’s numerous business deals with PEMEX, a company facing numerous allegations of bribery itself, raises serious questions about its judgment. BlackRock Invests in Sierra Oil and Gas One Month Before Winning Major PEMEX Contract BlackRock aggressively courted PEMEX to capitalize on infrastructure financing deals made possible by Peña Nieto’s 2012 energy reforms, but its biggest PEMEX payoff would occur in mid-2015. On September 18, 2014, Sierra Oil and Gas, Mexico’s first independent oil exploration and production company, announced it had secured US $525 million in equity commitments to participate in oil exploration, development and production made possible by the 2013 energy reform package.69 Infraestructura Institucional (aka “I2” or “I Cuadrada”), Mexico’s largest infrastructure private equity firm, committed $75 million to the project as one of three private equity investors. For any big equity player looking to participate in Mexico’s infrastructure boom, I Cuadrada would be an enticing target. But the company had something else that BlackRock in particular, also greatly coveted: Access to Mexican workers’ pensions to help fund infrastructure projects. As I Cuadrada’s Juan Alberto Leautaud explained when he announced his company’s Sierra investment, “For us in I2, the investment in Sierra represents an important opportunity for Mexico’s institutional capital, particularly the pension funds (Afores) that invest in our Development Capital Certificates (CKD’s), to help finance the development of the nascent Mexican private energy sector.”70 On June 12, 2015, less than a year after Sierra Oil and Gas’ financing agreement with I Cuadrada, BlackRock pounced, buying I Cuadrada for US $71 million.71 BlackRock’s 68 (Spanish) Rodrigo Gonzalez Gutierrez, Emilio Lozoya y sus turbias relaciones con OHL, La Silla Rota, August 15, 2017, available at https://lasillarota.com/nacion/emilio-lozoya-y-sus-turbias-relaciones-conohl-emilio-lozoya-ohl-cfe-pemex/170160. 69 Press Release, Sierra Oil & Gas Announces Commitment of US$525 million, Sierra Oil & Gas S. de R.L. de C.V., September 18, 2014, available at https://www.prnewswire.com/news-releases/sierra-oil--gasannounces-commitment-of-us525-million-275624601.html. 70 Press Release, Sierra Oil & Gas S. de R.L. de C.V., September 18, 2014. 71 Christine Murray, BlackRock to buy Mexican fund tied to scandal-hit contractor, Reuters, June 12, 2015, available at https://www.reuters.com/article/us-blackrock-mexico/blackrock-to-buy-mexican-fund-tied-toscandal-hit-contractor-idUSKBN0OS1PJ20150612. 16 timing was impeccable: On July 15th, only a month after BlackRock’s I Cuadrada acquisition, Sierra – a company that had never even drilled an oil well – won the only bid in the first round of contracts put out to tender to private firms.72 BlackRock Announces Another Partnership With PEMEX Two weeks later, PEMEX and BlackRock announced yet another partnership, establishing a new joint office for project management on July 29th.73 Heavily redacted minutes of the PEMEX board discussion about the BlackRock partnership show that the deal was proposed in order to finance projects, that because of their financial complexity, size and structuring, required third party investors like BlackRock as project anchors. Redacted PEMEX board minutes discussing BlackRock joint partnership José Manuel Carrera Panizzo, a director of PEMEX subsidiary PMI Comercio, proposed the partnership and spoke in favor of the PEMEX-BlackRock alliance according to the board minutes. Carrera Panizzo would later be the subject of investigations in the online publication Contralinea, alleging that the PEMEX director was involved in the activities of the company through a network of portfolio companies that lacked offices and employees and were located in tax havens such as Ireland, Switzerland, Holland, Panama, and Singapore.74 According to the investigations, 72 Staff Reporters, Mexico Awards First Oil Block In History To Sierra Oil And Gas, Mexico Infrastructure Finance and Business Review, July 15, 2015, available at http://mexicoinfrastructureprojects.com/2015/07/mexico-awards-first-oil-block-in-history-to-sierra-oil-andgas/; Adam Critchley, Mexico’s ‘round zero’ and ‘round one’ explained, BNamericas, September 24, 2014, available at http://www.bnamericas.com/en/features/oilandgas/mexicos-round-zero-and-round-one-explained; Bloomberg, Round One Winner Sierra Oil & Gas Has US$525 Million Total Backing, Oil and Gas Investor, July 17, 2015, available at https://www.oilandgasinvestor.com/round-one-winner-sierra-oil-gashas-us525-million-total-backing-810416#p=full. 73 (Spanish) PEMEX, Board of Directors Minutes, Page 19, July 29, 2015, available at http://www.pemex.com/acerca/gobiernocorporativo/consejo/Documents/acuerdos_2015/acta_895_ord_vp.pdf. 74 (Spanish) Nancy Flores, Pemex creo 37 empresas en paraisos fiscales, Contralinea, April 24, 2016, available at https://www.contralinea.com.mx/archivo-revista/2016/04/24/pemex-creo-37-empresas-enparaisos-fiscales/; (Spanish) Nancy Flores, Pemex sustituye a Carrera Panizzo, promotor de ‘negocios’ en paraisos fiscales, Contralinea. June 26, 2017, available at https://www.contralinea.com.mx/archivo-revista/2017/06/26/pemex-sustituyea-carrera-panizzo-promotor-de-negocios-en-paraisos-fiscales/. 17 PEMEX turned to the Panamanian firm of Mossack Fonseca to help develop the intricate business structures for PEMEX subsidiaries. A 2018 Huffington Post investigation alleged that PEMEX had concealed more than $4 billion in earnings from the private subsidiaries abroad that made up Grupo PMI during Peña Nieto’s six-year term.75 In 2014, PEMEX received $509 million in revenue from PMI Trading Ltd. based in Ireland according to the report. The 2014 financial statements for PMI trading included the signature of Carrera Panizzo. After the PEMEX board meeting approving the BlackRock partnership, President Peña Nieto hosted a celebratory dinner for Fink and BlackRock’s board of directors at Mexico’s National Palace. Secretary of Finance Luis Videgaray and Mexico’s Secretary of Foreign Affairs José Antonio Meade also attended the dinner.76 Fink praised Peña Nieto for his economic reforms and, sounding more like a U.S. Ambassador than a corporate CEO, promised that BlackRock wanted a long-term relationship with Mexico: “We should as a country turn our eyes towards Mexico,” Fink said. “BlackRock is taking a long-term view towards Mexico with PEMEX infrastructure projects that will help Mexico’s economic efficiency, reduce costs and, more importantly, improve the lives of all Mexicans.”77 BlackRock’s I Cuadrada acquisition plagued by questions of corruption 75 (Spanish) Manuel Hernandez Borbolla, Pemex oculta ganancias por más de 4 mil mdd de sus filiales privadas en el extranjero, durante el sexenio de Peña, HuffPost, February 14, 2018, available at https://www.huffingtonpost.com.mx/2018/02/13/pemex-oculta-ganancias-por-mas-de-4-mil-millones-deusd-mediante-filiales-privadas-en-el-extranjero-durante-sexenio-de-pena_a_23356736/. 76 (Spanish) Eduardo Ortega, Reformas desatarán el verdadero potencial de México: BlackRock, El Financiero, July 29, 2015, available at http://www.elfinanciero.com.mx/economia/reformas-desataran-elverdadero-potencial-de-mexico-blackrock. 77 Ortega, El Financiero, Jul. 29, 2015. 18 Like BlackRock’s energy partnerships with the notoriously corrupt PEMEX, the company’s acquisition of I Cuadrada came with its own set of thorny questions regarding corruption, influence peddling and conflict of interest allegations. Government watchdogs and the President-elect Andrés Manuel López Obrador raised questions at the time about the PEMEX award to Sierra Oil and Gas, noting that one of Sierra’s three investors, I Cuadrada, was founded by Jerónimo Marcos Gerard Rivero, a politically influential businessman and the brother-in-law and key advisor to former President Carlos Salinas de Gortari.78 López Obrador, or “AMLO” as he is frequently referred to in Mexico’s media, also questioned the suspicious timing of the I Cuadrada sale to BlackRock only a month before the Sierra award: “In the process of bidding for the oil fields, supposedly this company [I Cuadrada] was sold to a BlackRock investment fund in the style of the white collar financial mafia,” AMLO wrote on his Facebook page, promising that if elected in 2018, he would revoke contracts “tainted by influence and corruption.”79 Another critic of the Sierra award, Armando Dorantes Cabrera with the National Committee for Energy Studies (CNEE) complained that the award of Round One contracts showed the involvement of “former directors of PEMEX, relatives of politicians, and companies without experience in the oil industry accused of corruption, mismanagement and complaints against them all over the world.” 80 Dorantes Cabrera said that the award to Sierra was especially curious given that the company had only been founded the year before in 2014. According to Dorantes Cabrera, President Peña Nieto had assured the public that participating companies would have extensive experience in the oil and gas industry. Then there was the matter of I Cuadrada’s other business partners. According to a June 2015 Reuters story announcing BlackRock’s I Cuadrada acquisition, at least two of the infrastructure projects listed in I Cuadrada’s quarterly filings (a new hospital in the city of Zumpango and a toll road between Toluca and Naucalpan -- both in Peña Nieto’s home state of Mexico) were built by companies owned by Juan Armando Hinojosa, a contractor at the center of influence-peddling allegations that roiled the Peña Nieto Administration in late 2014.81 78 (Spanish) Jesusa Cervantes, Francisco Gil Díaz y Jerónimo Gerard: el poder de la información privilegiada, Proceso, September 15, 2016, available at https://www.proceso.com.mx/455033/franciscogil-diaz-jeronimo-gerard-poder-la-informacion-privilegiada; (Spanish) Acusa AMLO que cuñado de Salinas se benefició con licitación de Ronda Uno, SDPnoticias.com, July 16, 2015, available at https://www.sdpnoticias.com/nacional/2015/07/16/acusa-amlo-que-cunado-de-salinas-se-beneficio-conlicitacion-de-ronda-uno. 79 SDPnoticias.com, Jul. 16, 2015. 80 (Spanish) Armando Guzman, Denuncian “turbias” asignaciones a empresas vinculadas a Salinas y González Anaya en Tabasco, Proceso, August 1, 2017, available at https://www.proceso.com.mx/497149/denuncian-turbias-asignaciones-a-empresas-vinculadas-a-salinasgonzalez-anaya-en-tabasco. 81 Christine Murray, BlackRock to buy Mexican fund tied to scandal-hit contractor, Reuters, June 12, 2015, available at https://www.reuters.com/article/us-blackrock-mexico/blackrock-to-buy-mexican-fund-tied-to- 19 One allegation concerned the sale and financing of a home by Hinojosa to Mexico’s Finance Minister Luis Videgaray in an exclusive golf resort near Malinalco at what some said were interest rates 60% below market rates. A second allegation related to the sale of a $7 million mansion in Mexico City to Angelica Rivera, President Peña I Cuadrada contractor Juan Armondo Nieto’s wife and Mexico’s first lady.82 In Hinojosa November 2014, a team of Mexican investigative journalists reported that a Hinojosa-owned company built the property, described as the presidential family mansion, and still held title to the home.83 The deals were especially galling to anti-corruption watchdogs given that Hinojosa – close friends with both the President and his finance minister and dubbed the “duke of privilege” by the media – had received almost 100 public contracts since 2005, when Peña Nieto became governor of the State of Mexico.84 Since 2005, Hinojosa’s companies, organized in a conglomeration known as Grupo Higa, had been awarded contracts valued at close to 60 billion pesos (approximately $3.5 billion) according to a Congressional investigation.85 A 2016 McClatchy investigation based on information uncovered from the release of the Panama Papers found that Hinojosa also sought to conceal his substantial wealth through an elaborate and complex chain of offshore trusts and investment accounts that stretched from the Netherlands to Britain, New Zealand, Panama, Germany and New York.86 While the I Cuadrada acquisition didn’t directly implicate BlackRock in wrongdoing, the acquired company’s close association with contractors and business partners tied directly to corruption scandals roiling the Peña Nieto administration further tarnished the infrastructure company’s image. Moreover, according to Reuters, BlackRock’s purchase of I Cuadrada’s infrastructure fund had now made it a direct partner with Hinojosa in at least one of the projects, the Zumpango hospital.87 scandal-hit-contractor-idUSKBN0OS1PJ20150612; (Spanish) Reuters, I2, filial de BlackRock, compra 50% de un hospital en Estado de México, Investing.com, September 14, 2016, available at https://mx.investing.com/news/world-news/i2,-filial-de-blackrock,-compra-50-de-un-hospital-en-estado-deméxico-96984. 82 Tim Johnson, A well-connected Mexican tycoon stashes a fortune overseas, McClatchy DC Bureau, April 3, 2016, available at https://www.mcclatchydc.com/news/nationworld/national/article69729372.html; Juan Montes, Mexico Finance Minister Bought House From Government Contractor, The Wall Street Journal, December 11, 2014, available at https://www.wsj.com/articles/new-ties-emerge-between-mexico-government-and-builder-1418344492. 83 Tracy Wilkinson, Report says Mexico leader was given mansion by train entrepreneur, Los Angeles Times, November 9, 2014, available at http://www.latimes.com/world/mexico-americas/la-fg-mexicomansion-20141110-story.html. 84 Johnson, McClatchy DC Bureau, Apr. 3, 2016. 85 Id. 86 Id. 87 Murray, Reuters, Jun. 12, 2015. 20 BlackRock’s infrastructure contractors – more corruption, bribery, conflicts of interest, and project mismanagement A review of filings posted to Mexico’s infrastructure and investment website “Mexico Projects Hub” shows that as of July 2018, most of the management team of I Cuadrada, including Gerard Rivero and Juan Alberto Leautaud, appear to now work for BlackRock and are listed today as “key people or management team.” The group also manages at least two BlackRock “CKD” securities for Mexican pension funds (BlackRock Mexico Infraestructura I and BlackRock Mexico Infraestructura II) with investments totaling more than 7.4 billion pesos (approximately $382 million). 88 The investments include various Mexican infrastructure assets including the original I Cuadrada investment in Sierra Oil & Gas, the Los Ramones pipeline, an offshore drilling platform, toll roads, a hospital in Mexico state, and a prison in Coahuilla state among others. Several of the BlackRock investments also include projects linked to contractors implicated in their own corruption, conflict of interest, bribery and project mismanagement scandals according to publicly available information. Private Prison Project After billions of pesos in taxpayer funds, Coahuilla prison stood empty In 2017 for instance, Reuters reported that more than 2.5 billion pesos of taxpayer funds had been largely wasted on Coahuila’s Ramos Arizpe prison and another prison in Papantla that stood idle and empty.89 Part of I Cuadrada’s portfolio of infrastructure projects acquired by BlackRock, the Ramos Arizpe prison privatization scheme was funded with Mexican pension fund resources in exchange for a 20-year contract to build the facility and then provide key services like food, laundry and toiletries. Despite Mexico’s prison minister describing the contractor, Grupo Tradeco as a “disaster” for missing construction deadlines, records showed that the Peña Nieto Administration inexplicably increased construction payments to the contractor by 18 percent just before BlackRock bought the project. 88 http://www.proyectosmexico.gob.mx/wp-content/uploads/2017/03/ICUA2CK14e.pdf; http://www.proyectosmexico.gob.mx/wp-content/uploads/2017/03/ICUADCK10e.pdf. 89 Christine Murray, Joanna Zuckerman Bernstein, After drug war contracting boom, Mexican prisons stand idle, Reuters, February 17, 2017, available at https://www.reuters.com/article/us-mexico-prisons/afterdrug-war-contracting-boom-mexican-prisons-stand-idle-idUSKBN15W0FJ. 21 According to Reuters, the additional payments added billions of pesos in additional cost to taxpayers over 20 years and created an “additional burden on a federal budget depressed by low oil prices.” Asked about the pay increases at the time, BlackRock refused to comment.90 In early 2015, a group of legislators from Mexico’s Institutional Revolutionary Party (PRI) called for an investigation of Grupo Tradeco alleging that numerous infrastructure projects carried out by the company, including the construction of bridges, highways and other public works projects were plagued by cost overruns and other irregularities.91 In the U.S. as well, Grupo Tradeco has experienced problems delivering on its infrastructure commitments. In June 2015, Tradeco Infrastructure, a Grupo Tradeco subsidiary, walked off a major highway construction job in El Paso after Ranger Offshore, a Houston-based company filed a lawsuit seeking to collect almost $20 million it said it was owed from the company.92 Guerrero, Mexico Coal Transportation and Storage Project In 2017, BlackRock Mexico Infrastructure II entered into a 14-year “Coal Transportation & Storage Services Agreement” contract with Mexico’s state-owned electric utility, the Comision Federal de Electricidad (CFE), to build, own and operate a coal transport and storage system located in Michoacan and Guerrero, Mexico.93 As part of its deal with CFE, BlackRock contracted with two construction firms, the Italian-Argentina conglomerate Techint and the Spanish-based Duro Felguera, through a subsidiary special purpose vehicle known as Greenfield SPV I, S.A.P.I de C.V. Both contractors are facing numerous international investigations for allegations of money laundering, bribery and corruption. 94 In April 2018, a joint investigation by Italy’s L’Espresso, Argentina’s Diario Perfil and Brazil’s Poder360, claimed to have uncovered a massive web of offshore entities used by Techint associates to bribe Brazilian state companies and move money through tax 90 Murray and Bernstein, Reuters, Feb. 17, 2017. Peter de Montmollin, Mexico’s PRI calls for investigation of contracts awarded by prior administrations, BNamericas, February 5, 2015, available at http://www.bnamericas.com/en/news/infrastructure/mexicospri-calls-for-investigation-of-contracts-awarded-by-prior-administrations. 92 Marty Schladen, Contractor that walked off El Paso job was bonded, qualified, El Paso Times, June 16, 2015, available at https://www.elpasotimes.com/story/news/local/2015/06/16/contractor-that-walked-offep-job-was-bonded/71948938/. 93 Advising CitiBanamex on the financing of a project for the upgrade and expansion of port logistics facilities, Nader Hayaux and Goebel, available at http://www.nhg.mx/en_gb/case/advising-citibanamexon-the-financing-of-a-project-for-the-upgrade-and-expansion-of-port-logistics-and-fuel-transportationfacilities-at-the-lazaro-cardenas-port/. 94 Press Release, Techint E&C Increases the Transport of Coal from the President Plutarco Elías Calles Thermoelectric Plant in Mexico, Techint, available at http://www.techint-ingenieria.com/en/news/techintec-increases-transport-coal-president-plutarco-elias-calles-thermoelectric-plant-mexico; (Spanish) Ingrid Rojas, Citigroup, Citibanamex y Citibank otorgan préstamo a Greenfield por USD 347 millones con apoyo de cuatro bufetes, Lex Latin, December 13, 2017, available at http://lexlatin.com/noticia/citigroupcitibanamex-citibank-otorgan-prestamo-greenfield-usd-347-millones. 91 22 havens across the globe. In one case, a Techint subsidiary was accused of paying $9.4 million in bribes to Brazil’s state-owned oil company Petrobas, some of which was allegedly used to secure contracts and pay off a member of Brazilian president Lula da Silva’s cabinet.95 In 2016, an investigation by Spain’s El Pais uncovered possible multi-million dollar “commissions” paid by Duro Felguera to former high-level Venezuelan political officials in exchange for public contracts to build power plants in that country.96 Mexican Toll Roads and Highways BlackRock’s infrastructure investments in toll roads and highways through its acquisition of I Cuadrada have come under scrutiny as well. Grupo Higa’s contract with I Cuadrada to build the Toluca-Naucalpan toll road in particular was both severely over budget and repeatedly marred by conflict and legal battles over claims that the land belonged to the Otomi indigenous community.97 Specifically, the Otomi claimed that construction threatened to destroy sections of the Bosque Otomi-Mexica natural reserve, considered sacred land to the Otomi people.98 After years of demonstrations, President Peña Nieto signed an executive order in July 2015 – less than a month after BlackRock acquired I Cuadrada – expropriating 91 acres of land so the road construction could continue. The highway, which was originally expected to cost $132 million, ballooned to over $207 million according to the New York Times.99 BlackRock has also invested Mexican pension fund resources in two other toll road projects through CKD’s -- the Autopistas de Tapachula (ATAP) and Concesionaria de Autopistas de Michoacan (CAMSA).100 Such toll road investments have become popular (and controversial) examples of public private partnerships that typically involve 95 Scilla Alecci, ‘Kings of Steel’ pinballed by new Panama and Paradise Papers probe, ICIJ, April 24, 2018, available at https://www.icij.org/blog/2018/04/kings-steel-pinballed-new-panama-paradise-papers-probe/. 96 Jose Antonio Hernandez, Report: Chavista officials may be involved in money laundering scandal, El Pais, September 30, 2016, available at https://elpais.com/elpais/2015/03/21/inenglish/1426895310_889699.html. 97 Paulina Villegas and Frances Robles, Deals Flow to Contractor Tied to Mexican President, The New York Times, July 30, 2015, available at https://www.nytimes.com/2015/07/31/world/americas/mexicanpresidents-ties-to-contractor-raise-questions.html. 98 https://dorsetchiapassolidarity.wordpress.com/tag/highway/; https://www.businesshumanrights.org/en/mexico-indigenous-communities-resisting-highway-construction-accuse-police-grupohiga-of-illegally-destroying-their-property-displacing-them 99 Villegas and Robles, The New York Times, July 30, 2015. 100 http://www.proyectosmexico.gob.mx/wp-content/uploads/2017/03/ICUA2CK14e.pdf; http://www.proyectosmexico.gob.mx/wp-content/uploads/2017/03/ICUADCK10e.pdf 23 financing the construction and management of the new highways in exchange for service agreements allowing investors to recoup their investment through toll revenue over a specified period of time.101 While the projects may be popular with investors, they are often a disaster for those forced to use the privately funded highways. Indiana University professor Micol Seigel found that Mexico’s massive highway construction projects, largely funded through public-private partnerships in the 1980s, resulted in some of the costliest toll roads in the world – so costly in fact, that ordinary Mexicans could not afford to use the roads.102 Approximately 25 toll roads were eventually re-nationalized at a cost of almost $8 billion, according to Siegel. Moreover, the Mexican government was forced to step in and raid the public treasury to compensate private companies for their expected losses in the re-nationalization scheme. Mexico’s foreign minister Jorge Castañeda was forced to conclude that the privatization of Mexican toll roads was a “dumb idea that didn’t work.” PEMEX hires two key executives with deep BlackRock connections On February 8, 2016, Emilio Lozoya Austin’s reign as CEO of PEMEX came to an end.103 After the company’s worst quarterly result in history – a $10.2 billion loss, and 12 straight quarterly losses, the scandal-plagued parastatal named Jose Antonio Gonzalez Anaya as its new CEO.104 A former director of the Mexican Institute of Social Security (IMSS) with expertise in pensions and retirement issues, the new PEMEX CEO was likely considered an ideal choice for a company like BlackRock looking to expand its financing of oil and gas projects with Mexican pension fund money. 105 BlackRock would have been pleased with new CEO choice for another reason as well: Gonzalez Anaya was the brother-in-law of I Cuadrada’s founder, Jerónimo Marcos Gerard Rivero, now a key member of BlackRock’s investment team and technical committee.106 101 Tom Groenfeldt, ‘Blended Finance’ – Lipstick On The Public-Private Partnership Pig?, Forbes, April 20, 2018, available at https://www.forbes.com/sites/tomgroenfeldt/2018/04/20/blended-finance-lipstick-onthe-public-private-partnership-pig/#2fdef854452b. 102 Micol Seigel, Privatization in Mexico is a road to nowhere, Quartz, August 9, 2013, available at https://qz.com/113017/privatization-in-mexico-is-a-road-to-nowhere/. 103 Elisabeth Malkin, Chief of Pemex, Mexican Energy Giant, Steps Aside, The New York Times, February 8, 2016, available at https://www.nytimes.com/2016/02/09/business/energy-environment/chief-of-pemexmexican-energy-giant-steps-aside.html. 104 Adam Williams and Andrea Navarro, Pemex Reports Biggest Loss Ever as Oil Market Rout Cuts Deeper, Bloomberg, October 28, 2015, available at https://www.bloomberg.com/news/articles/2015-1028/pemex-reports-12th-straight-loss-as-oil-price-batters-profits. 105 (Spanish) ¿Quién es 'Pepe Toño' González Anaya, el nuevo secretario de Hacienda?, El Financiero, November 27, 2017, available at http://www.elfinanciero.com.mx/economia/quien-es-gonzalez-anaya-elnuevo-secretario-de-hacienda. 106 (Spanish) Arturo Rodriguez Garcia, Los cuñados de Carlos Salinas, ultraenriquecidos con Peña Nieto, Proceso, June 6, 2015, available at https://www.proceso.com.mx/406673/406673-los-cunados-de-carlossalinas-ultraenriquecidos-con-pena-nieto; https://www.bmv.com.mx/docspub/infoanua/infoanua_756931_175992_2016_1.pdf (P. 87); https://www.bmv.com.mx/docs-pub/infoanua/infoanua_756931_175992_2016_1.pdf (P. 100). 24 Four months later on June 21st, BlackRock received more good news: PMI’s board of directors named Isaac Volin, BlackRock’s former Mexico CEO as the new general director of PEMEX subsidiary PMI Comercio Internacional.107 Created in 1989, the PMI subsidiary trades crude oil and its derivatives, and is considered the main commercial arm of PEMEX in the international market.108 As the new head of the company’s international trading arm, Volin was Gonzalez Anaya’s second in command for all practical purposes according to energy analyst S&P Global Platts.109 The publication also noted that neither Gonzalez Anaya nor Volin had any previous experience in the oil business. However, Volin did have experience with Mexico’s pension system as the former VP of financial planning at CONSAR, another plus for BlackRock. AFORE records posted on the government of Mexico’s website show that Volin served as a board member and a member of the risk committee of AFORE XXI Banorte.110 In 2014, the pension fund awarded a European equity mandate worth $1.2 billion to Schroders and BlackRock.111 PEMEX’s appointment of Volin was harshly criticized and condemned by Peña Nieto opponents including Rocío Nahle García, a member of the Mexican Chamber of Deputies from the National Regeneration Movement party (MORENA).112 On July 20th, 2016, Nahle García filed a petition with the Mexican Congress’ Permanent Commission demanding that Volin be immediately removed from his new position at PMI Comercio Internacional for conflicts of interest.113 The petition claimed that based on the restructuring of more than 27 PEMEX subsidiaries that occurred during the administration of Salinas de Gortari (many now located offshore), there had been “marked favoritism” for private sector companies like BlackRock and McKinsey. The petition highlighted Volin’s previous work at McKinsey, a company that provided advisory services to PEMEX during the Salinas de Gortari 107 (Spanish) Press Release, Isaac Volin, nuevo director general de P.M.I. Comercio Internacional, PEMEX, June 21, 2016, available at http://www.pemex.com/saladeprensa/boletines_nacionales/Paginas/2016-044nacional.aspx. 108 (Spanish) Press Release, P.M.I. Comercio Internacional, Filial de Petróleos Mexicanos, comercializará los hidrocarburos del Estado hasta 2017, Comisión Nacional de Hidrocarburos, December 15, 2016, available at https://www.gob.mx/cnh/prensa/comunicado-de-prensa-026-emitido-por-la-cnh?idiom=es. 109 Ronald Buchanan, Preserving Pemex reforms in the post-Pena Nieto era of Mexico: Fuel for Thought, S&P Global Platts, July 25, 2016, available at http://blogs.platts.com/2016/07/25/pemex-reforms-postPeña-nieto-mexico/. 110 https://www.gob.mx/cms/uploads/attachment/file/76812/COMITES_DE_RIESGOS_AFORES.pdf; https://web.archive.org/web/20180703193742/https://www.gob.mx/cms/uploads/attachment/file/263647/C onsejo_de_Administracio_n_201709.pdf; https://www.gob.mx/cms/uploads/attachment/file/88856/Consejos_de_Administracion_Afores_201605.pdf ; https://www.gob.mx/cms/uploads/attachment/file/61333/2013_informe_anual.pdf (P. 28). 111 Atholl Simpson, Afore XXI Banorte increases Asia mandate to $850m and adds 3 new groups, Citywire, March 14, 2017, available at http://citywireamericas.com/news/afore-xxi-banorte-increases-asia-mandateto-850m-and-adds-3-new-groups/a1000570. 112 https://translate.google.com/translate?hl=en&sl=es&u=https://lopezobrador.org.mx/rocionahle/&prev=search. 113 (Spanish) http://infosen.senado.gob.mx/sgsp/gaceta/63/1/2016-07-201/assets/documentos/PA_Morena_Conflicto_Pemex.pdf; (Spanish) http://www.senado.gob.mx/index.php?ver=cp&mn=4&id=65373. 25 administration as well as his previous CEO role at BlackRock Mexico, a company with numerous PEMEX business relationships. In its response to the complaint, the legislature found that it lacked the authority to hear the issue since new anticorruption legislation went into effect just two days before on July 18th that would determine the cases and circumstances under which public servants could be sanctioned for corruption or conflicts of interest.114 On February 8, 2017, BlackRock expanded its energy infrastructure presence in Mexico once more, announcing a deal to take ownership of First Reserve’s energy infrastructure portfolio including First Reserve’s investment in the Los Ramones II pipeline as well as investments in a low sulfur gasoline processing plant in Mexico and a wind farm in La Bufa.115 Mark Florian, who had co-invested with BlackRock in the Los Ramones II pipeline deal as part of the First Reserve team said, “Given our past work together and their success in building out the Infrastructure platform, we believe that a transition to BlackRock can provide the perfect place to take our energy infrastructure franchise to the next level.”116 Notably, Florian’s bio from a 2010 energy conference said that he had advised the state of Indiana in 2006 in its $3.8 billion sale of the Indiana East West Toll Road. 117 That transaction – a joint venture between Spanish construction firm Cintra and Australian toll road company Macquarie Atlas Roads – ended in Chapter 11 bankruptcy in 2014, chilling the climate for public private partnerships (PPP’s) in the U.S.118 BlackRock gears up for 2018 election: Meets with Meade, issues warnings on AMLO A week after BlackRock’s First Reserve acquisition, Larry Fink met with Mexico’s Finance Minister Jose Antonio Meade on February 14, 2017. The purpose of the meeting according to El Financiero was to discuss BlackRock’s potential purchase of 114 (Spanish) http://infosen.senado.gob.mx/sgsp/gaceta/63/1/2016-08-311/assets/documentos/Dict_3ra_Consejo_PMI.pdf. 115 Mick Bowen, BlackRock takes ownership of First Reserve’s Mexican assets, Latin Finance, February 8, 2017, available at https://www.latinfinance.com/web-articles/2017/2/blackrock-takes-ownership-of-firstreserves-mexican-assets. 116 Press Release, BlackRock Acquires Energy Infrastructure Franchise from First Reserve, First Reserve, February 1, 2017, available at https://www.firstreserve.com/news-articles/blackrock-acquires-energyinfrastructure-franchise-from-first-reserve. 117 http://www.aertc.org/conference2010/speakers/AEC%202010%20Session%202/2B%20Cleantech%20Fu nding%20Lifecycle/Mark%20Florian/Mark%20Florian.html. 118 Robert Puentes, The Indiana Toll Road: How Did a Good Deal Go Bad?, Forbes, October 3, 2014, available at https://www.forbes.com/sites/realspin/2014/10/03/the-indiana-toll-road-how-did-a-good-dealgo-bad/#2d8564ff2087; William J. Mallett, Indiana Toll Road Bankruptcy Chills Climate for Public-Private Partnerships, CRS Insights, September 29, 2014, available at https://web.archive.org/web/20151023093457/https://www.ncppp.org/wp-content/uploads/2013/02/CRSInsights-Indiana-Toll-Road-Bankruptcy-Chills-Climate-for-P3s.pdf. 26 additional infrastructure assets from Mexico’s National Infrastructure Fund (FONADIN).119 Meade, who had essentially swapped Secretary slots with Luis Videgaray as finance chief in September 2016 after Videgaray’s unpopular decision to invite Republican presidential candidate Donald Trump to visit Mexico, said that significant investments were planned for strategic infrastructure projects scheduled for 2017 and 2018.120 He noted that BlackRock through its past support of President Peña Nieto’s development and implementation of structural reforms had demonstrated the firm’s long-term commitment to Mexico.121 The timing of the meeting was significant: Mexico was once again gearing up for a presidential election scheduled for 16 months later in July 2018. As a former secretary of energy and finance in the cabinet of President Felipe Calderon as well as stints as finance chief and secretary of foreign affairs in President Peña Nieto’s administration, Meade was an enticing presidential candidate and BlackRock ally.122 Interestingly, Meade and Fink had a friendship that went back several years according to the finance minister. The two had met previously several times in Mexico and New York and had discussed Mexico’s economy frequently.123 Meade officially joined the presidential race as Peña Nieto’s successor and PRI candidate on November 27, 2017. The move resulted in yet another shuffle of Peña Nieto’s cabinet as PEMEX CEO Gonzalez Anaya who had been in the job less than two years replaced Meade as Finance Minister.124 119 (Spanish) BlackRock analiza participar en inversiones para infraestructura, El Financiero, February 14, 2017, available at http://www.elfinanciero.com.mx/economia/blackrock-analiza-participar-en-inversionespara-infraestructura. 120 Jean Luis Arce, Mexico’s New Finance Minister Spurns Donald Trump, Reuters, September 8, 2016, available at https://www.reuters.com/article/us-usa-election-mexico/mexicos-new-finance-minister-spurnsdonald-trump-idUSKCN11E343. 121 (Spanish) Silvia Rodriguez, Hacienda impulsa inversiones para infraestructura, Milenio, February 14, 2017, available at http://www.milenio.com/negocios/hacienda-impulsa-inversiones-para-infraestructura. 122 https://www.bloomberg.com/research/stocks/private/person.asp?personId=118414012&privcapId=2697160 0. 123 (Spanish) Enrique Hernandez y Reuters, CEO de BlackRock se reune en privado con presidenciales, El Sol de Mexico, May 8, 2018, available at https://www.elsoldemexico.com.mx/finanzas/ceo-de-blackrockse-reune-en-privado-con-presidenciales-1670154.html. 124 Adam Williams, Pemex CEO Becomes Mexico’s Finance Minister, Bloomberg, November 27, 2017, available at https://www.bloomberg.com/news/articles/2017-11-27/pemex-revolving-door-turns-again-asceo-becomes-finance-minister. 27 The day after Meade declared his candidacy, BlackRock announced that it was buying the asset management business of Mexico’s Citibanamex.125 The deal included a distribution agreement in which BlackRock would offer its asset management products to Citibanamex clients through its network of 1500 branches in Mexico. The Sovereign Wealth Fund Institute said that the acquisition helped further position BlackRock as a “key international force in the world of Mexican retirement and institutional capital… while locking up contracts with Mexican government investor funds.”126 It also reported that Mexico’s sole state-sponsored pension fund, PENSIONISSTE, had recently awarded BlackRock with a mandate to invest part of its portfolio in European equities.127 Citibanamex CEO Ernesto Torres Cantú said that his customers would benefit greatly from partnering with BlackRock, a company that managed funds five times Mexico’s GDP. Cantú also commented on Meade’s candidacy saying that his declaration as the candidate of the PRI was a “very good sign” for Citibanamex.128 A month later in December, AMLO launched his widely expected campaign as the candidate of the National Regeneration Movement (MORENA). In a hotel announcement in Mexico City, the candidate also unveiled his cabinet of eight men and eight women including Rocio Nahle García as AMLO’s choice for secretary of energy.129 While Meade’s candidacy was welcome news for BlackRock, AMLO’s candidacy was not. First, the populist MORENA candidate was fiercely opposed to Peña Nieto’s energy reforms, initially promising a referendum to revoke them entirely but later softening his position by promising to simply review all contracts awarded by PEMEX for private drilling and exploration. Even AMLO’s softer stance however, would have threatened BlackRock’s large investments in Sierra Oil and Gas, one of the first oil contract winners.130 125 Press Release, BlackRock to Acquire Asset Management Business of Citibanamex, BlackRock, November 28, 2017, available at http://ir.blackrock.com/file/Index?KeyFile=391251077. 126 BlackRock Gets in Early at Mexico’s PENSIONISSSTE, Sovereign Wealth Fund Institute, November 27, 2017, available at https://www.swfinstitute.org/swf-news/blackrock-gets-in-early-at-mexicospensionissste/. 127 http://www.fundssociety.com/en/news/alternatives/afore-pensionissste-grants-its-first-investmentmandate-to-blackrock. 128 (Spanish) Hiroshi Takahashi, José Antonio Meade es una muy buena señal: Citibanamex, El Heraldo De Mexico, November 30, 2017, available at https://heraldodemexico.com.mx/opinion/meade-senalcitibanamex/. 129 (Spanish) AMLO propone a Rocio Nahle como secretaria de Energia, e-consulta.com Veracruz, December 14, 2017, available at http://www.e-veracruz.mx/nota/2017-12-14/politica/amlo-propone-Rocíonahle-como-secretaria-de-energia. 130 Q&A: AMLO wants ‘radical change’ in Pemex, Argus Media, March 5, 2018, available at https://www.argusmedia.com/pt/news/1637690-qa-amlo-wants-radical-change-inpemex?backToResults=true. 28 Second, AMLO’s choice of Nahle García as Secretary of Energy would almost certainly have rattled the asset fund manager given her staunch opposition to energy reform and the petition she filed in 2016 to force the removal of former BlackRock director Isaac Volin from PEMEX for conflicts of interest. Third, BlackRock was planning substantial new infrastructure investments in Mexico, many based on the 2012 energy reforms and that required certain continuity with Peña Nieto’s infrastructure and energy policies. According to a March 2018 report, the company was preparing to issue a new investment vehicle in the Mexican stock market called a “CerPI” (Certificado de Proyectos de Inversión). Described as an “evolved CKD”, the certificates were designed to finance infrastructure projects by attracting more sophisticated funds into the market, while giving pension funds more latitude to delegate responsibility and risk to fund managers.131 Placed through a new subsidiary named BlackRock Mexico Infraestructura III, the new CerPI plans to invest in several new infrastructure projects including projects related to the “generation, transmission and distribution of electricity and hydrocarbons.”132 BlackRock’s new infrastructure investment plans also showed just how large and diverse the company’s infrastructure plays had grown in the country. In addition to energy, the CerPI registration revealed potential investments in roads, railways, ports, bridges, drinking water, hospitals, fixed and wireless telecommunications, and even schools and universities.133 Consequently, BlackRock’s interest and engagement in the Mexican election became increasingly apparent in the final four months of the campaign. In April, Citibanamex economist Sergio Luna issued an 11-page report titled “The April Paradox” that acknowledged AMLO’s “probable victory”, but warned that if he carried out his promises of reversing Peña Nieto’s reforms, Mexico’s fiscal deficit and interest rates would rise.134 A week later BlackRock joined Citibanamex and other global investment funds to hear from all three candidates at a Citibanamex-sponsored candidate forum.135 While Meade and National Action Party candidate Ricardo Anaya attended personally, AMLO sent his advisor Carlos Urzúa Macias instead. 131 (Spanish) Judith Santiago, BlackRock prepara su Segundo Cerpi en la BMV, El Economista, March 13, 2018, available at https://www.eleconomista.com.mx/mercados/BlackRock-prepara-su-segundo-Cerpi-enla-BMV-20180313-0104.html; http://www.infrastructuremexico.com/2018/03/01/cerpis-101-fundingmexicos-future-infrastructure/. 132 Santiago, El Economista, Mar. 13, 2018. 133 (Spanish) J. Jesus Rangel M., BlackRock, lista para la infraestructura, Milenio, July 3, 2018, available at http://origin-www.milenio.com/opinion/jesus-rangel/estira-afloja/blackrock-lista-para-la-infraestructura. 134 Dolia Estevez, Citigroup Sees Trouble for Mexico’s Growth, Reforms If Leftist Candidate Wins Presidential Election, Forbes, April 27, 2018, available at https://www.forbes.com/sites/doliaestevez/2018/04/27/citigroup-sees-trouble-for-mexicos-growth-reformsif-leftist-candidate-wins-presidential-election/#5b1079a75f42. 135 (Spanish) Mauricio Flores, Los 7USD trillones que evito AMLO, La Razon, April 30, 2018, available at https://www.razon.com.mx/los-7usd-trillones-que-evito-amlo/. 29 On May 7, 2018, Fink met again with Jose Antonio Meade to discuss the campaign and economic policy.136 Fink also met with AMLO in a meeting described as “affable” by his economic adviser, Carlos Urzúa Macias. “There was an immediate click between them. They both left the meeting charmed,” he told Reuters. AMLO told a Mexican interviewer later that day that he would uphold the rule of law and would not expropriate private property. “They have lots of information… they’re intelligent,” AMLO said of Fink and BlackRock after the meeting.137 Proceso reported that according to Rocío Nahle García, the AMLO meeting was actually requested by BlackRock to remind the candidate of the company’s size and investments in Mexico.138 The future energy minister, who only months before had decried Peña Nieto’s energy reforms and tried to force the ouster of Isaac Volin from PEMEX over his BlackRock connections, had come prepared with a detailed report for the candidate outlining BlackRock’s investments in Los Ramones II and in gasoline and diesel pipelines. Rocío Nahle García’s report also showed that BlackRock was the largest investor in the Mexican Stock Exchange and owned substantial shares in Carlos Slim’s América Móvil, Cemex, Coca Cola, FEMSA and Alfa. Despite AMLO’s charm offensive and softened position on PEMEX contracts, BlackRock declared in a June “geopolitical risk” report that an AMLO victory would cause “deterioration in Mexico’s economic policy.” The report warned investors about their positions in Mexico ahead of the election.139 In an effort to further walk back AMLO’s campaign promise to review or revoke infrastructure contracts tainted by corruption, Urzua Macias reiterated in early June that the presidential front-runner was not a radical leftist. “We are really not leftist, we are center-left,” he said in an interview with Reuters.140 On July 1, 2018, Andrés Manuel López Obrador, who mobilized voters with his promise to stand up to corruption and reject the technocrats and pro-American politicians whom he called the “mafia of power”, won a decisive victory in Mexico’s presidential election making him the first leftist and populist president in more than 30 years.141 136 (Spanish) Meade se reune con Larry Fink, president de BlackRock, Excelsior, July 5, 2018, available at http://www.excelsior.com.mx/nacional/meade-se-reune-con-larry-fink-presidente-de-blackrock/1237476. 137 Dolia Estevez, Mexican Presidential Frontrunner Tells BlackRock CEO He Will Not Expropriate Private Property, Forbes, May 15, 2018, available at https://www.forbes.com/sites/doliaestevez/2018/05/15/mexican-presidential-frontrunner-tells-blackrockceo-he-will-not-expropriate-private-property/#2fb8de2c3561. 138 (Spanish) Jesusa Cervantes, “No Habra crisis economica” si gana Juntos Haremos Historia, Proceso, June 3, 2018, available at https://elplomero.files.wordpress.com/2018/06/proce21-70.pdf. 139 (Spanish) Ahora BlackRock, ligada a negocios petroleros de familia de Salinas, prevé “deterioro” si AMLO gana la Presidencia, Notigodinez, June 24, 2018, available at https://notigodinez.com/ahorablackrock-ligada-a-negocios-petroleros-de-familia-de-salinas-preve-deterioro-si-amlo-gana-la-presidencia/. 140 Michelle Abrego, ‘We’re not that leftist’: Mexico’s Amlo seeks to reassure BlackRock & co., Citywire, June 8, 2018, available at http://citywireamericas.com/news/we-re-not-that-leftist-mexico-s-amlo-seeks-toreassure-blackrock-and-co/a1127467. 141 Joshua Partlow, Lopez Obrador wins Mexican presidency, becoming first leftist to govern in decades, The Washington Post, July 2, 2018, available at https://www.washingtonpost.com/world/mexicans-headto-polls-to-choose-a-new-president/2018/07/01/517e8670-7a2a-11e8-ac4e-421ef7165923_story.html. 30 In a fitting coda to BlackRock’s six-year love affair with President Peña Nieto, news sources mistakenly reported the same day that the outgoing President’s finance minister, Luis Videgaray had already landed a job at the company. BlackRock denied the reports.142 142 (Spanish) Jose Diaz Briseno, Niega BlackRock llegada de Videgaray, Reforma, June 29, 2018, available at https://www.reforma.com/aplicacioneslibre/articulo/default.aspx?id=1431376&md5=008f545c690a6bee2f4 781d4c920f072&ta=0dfdbac11765226904c16cb9ad1b2efe. 31