Archive for the ‘Management’ Category

Africa’s Top Media Company Looks Beyond Tencent, Mail.ru

Tuesday, July 31st, 2012

Africa’s Top Media Company Looks Beyond Tencent, Mail.ru

As Africa’s largest media company, with 5.6 million pay-TV subscribers today and a potential market of hundreds of millions more, Naspers Ltd. (NPN) would appear to have almost limitless room for growth. Investors, though, seem to place little value on the South African company’s primary publishing and broadcasting business.

Investments in Tencent Holdings Ltd. (700), China’s biggest Internet company, and Mail.ru (MAIL), the largest Russian-language Internet firm and a 1.5 percent owner of Facebook Inc. (FB), account for almost 90 percent of Naspers’ $23 billion market value.

That calculation puts a price tag of about $2.7 billion on Naspers’ media operations — satellite and cable TV across Africa, broadcast rights to English Premier League soccer, South Africa’s biggest newspaper, and dozens of other businesses in 133 countries from Argentina to Zambia.

Chief Executive Officer Koos Bekker said the valuation is of little concern and that Naspers’ reliance on two outposts on the Internet’s wild frontier poses no risk to the company. “These investments look very much like the engine of pay-TV for us,” Bekker said in a telephone interview from the company’s headquarters in Cape Town.

The company’s global Internet push and burgeoning African television operations will account for a growing share of sales and profits in coming years, said David Ferguson, a research analyst at Renaissance Capital in Moscow.

Acquisition Trail

Income from new businesses “will increase to reduce the reliance” on Tencent and Mail.ru, said Ferguson, who has a buy recommendation on Naspers and predicts the stock will rise 26 percent.

Naspers will complete 10 to 20 acquisitions in the year through March 2013, Bekker said. “We see some opportunities in the e-commerce space,” particularly in eastern Europe, he said.

The company spent 1.85 billion rand ($227 million) on four major purchases and “various smaller” ones in the previous year, Naspers said on June 27. It had 9.8 billion rand in cash and cash equivalents at the end of March.

This year, Naspers has purchased majority stakes in Netretail SRO, an online retail business in central Europe, and Internet Mall AS, a Prague-based website selling household goods such as washing machines. It also invested in Resolva.me, a Brazilian site that offers ratings of dentists, lawyers and other professionals.

$7 Monthly

Naspers, begun as a newspaper publisher in 1915, is rolling out $7 a month pay-TV deals in underserved markets such as Zambia, Kenya and Nigeria. The company’s Daily Sun tabloid is the largest-selling daily in South Africa, while News24.com is the most popular online news service in the country. Its Supersport TV brand is the biggest sponsor of team sports in Africa.

Naspers is “well-positioned to succeed” with its next purchases because the company’s executives are prepared to help acquired businesses, said Richard Tessendorf, an analyst at Avior Research in Johannesburg.

“These guys have been doing this for 10 to 15 years now,” said Tessendorf, who has a hold recommendation on Naspers shares, which have jumped 29 percent this year.

Chief Investment Officer Mark Sorour is on the board of Mail.ru, and Naspers advises Tencent through the Chinese company’s board, Bekker said.

Naspers owns 34.2 percent of Shenzhen-based Tencent and almost 29 percent of Mail.ru. Tencent shares have risen 47 percent this year, better than any company in the Bloomberg World Media Index (BWMEDA), which includes Naspers and has jumped 18 percent in the period. Mail.ru has advanced 7.7 percent.

Leaving Garage

“We discovered both opportunities by being very early investors in both markets and learning step by step,” Bekker said. Naspers had previously made unsuccessful investments in both China and Russia, he said, “and learned a lot from those failures, including how important good local management is.”

Naspers has a team looking globally for investment possibilities and is approached regularly by entrepreneurs seeking partners, Bekker said. Last year, the company evaluated about 300 opportunities and agreed to about 30 deals, he said.

Naspers invested $191 million in Mail.ru in 2007 and its holding is worth $1.7 billion. The Tencent stake, purchased 12 years ago, was worth $18.6 billion as of July 27. Tencent contributed 11.4 billion rand to Naspers’ sales of 39.5 billion rand in the year through March, and Mail.ru contributed 1.1 billion rand.

Industry Comparison

Naspers’ stock trades at 23 times estimated earnings. The 60 companies in the Bloomberg World Media Index trade at an average of 15 times projected profit. The index includes Walt Disney Co. (DIS) and Axel Springer AG (SPR), which like Naspers have publishing, television and Internet assets. Tencent trades at a multiple of 26 times earnings.

David Reynolds, a London-based analyst at Jefferies, cautions that Naspers’ African television operations may face declining margins due to growing numbers of TV shows online.

“Naspers has become a derivative of Tencent, which begs the question why don’t you just buy Tencent stock itself,” Reynolds said.

Reynolds is the only analyst with a sell recommendation on the stock among seven who have reported on Naspers in the last month and shared their advice with Bloomberg. He initiated coverage with a sell rating on Nov. 23, and the stock has risen about 30 percent since then.

Bekker rejects the notion that shareholders see little potential in Naspers’ core holdings. Investors typically value a company’s shares in other corporations at about 70 percent of their listed price, he said. “In this thinking,” Bekker said, “our Mail and Tencent stakes jointly will then be worth about half our market cap.”

To contact the reporter on this story: Sikonathi Mantshantsha in Johannesburg at smantshantsh@bloomberg.net

To contact the editor responsible for this story: Kenneth Wong at Kwong11@bloomberg.net

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Cnooc Hired U.S. Lobbyists Prior to Nexen Announcement

Tuesday, July 31st, 2012

Cnooc Hired U.S. Lobbyists Prior to Nexen Announcement

Chinese energy giant Cnooc Ltd. (883), whose efforts to buy a U.S. oil company in 2005 sparked an outcry over foreign ownership, hired two Washington lobbying firms just before announcing its plan to buy Nexen Inc. (NXY)

Cnooc, owned by the Chinese government and based in Beijing, agreed July 23 to pay $15.1 billion for Nexen, a Calgary-based company that operates in the U.S. portion of the Gulf of Mexico. It is Cnooc’s biggest North American deal since it walked away from Unocal Corp. under congressional pressure and the largest overseas acquisition by a Chinese company.

If approved, the Nexen takeover would mark the first time a Chinese company would be the operator of leases in the U.S. Gulf of Mexico, instead of a minority stakeholder. Nexen now operates 90 leases in the Gulf, where it’s the 29th-largest oil producer and 42nd-largest gas producer, according to the most recent operator ranking by the Interior Department from July 16.

The purchase of U.S. assets by foreign companies can be blocked on national security grounds.

Cnooc’s takeover of Nexen will probably be reviewed more closely than other international deals, Iain McPhie, a lawyer at Squire Sanders LLP in Washington, said in an interview. “The Chinese just raise strategic issues that an acquirer from the United Kingdom and France don’t raise,” said McPhie, who’s not involved in this transaction.

U.S. Review

Cnooc and Nexen said in a July 24 filing with the U.S. Securities and Exchange Commission that they intend to put the deal to the Committee on Foreign Investment in the United States for review.

The committee, a division of the Treasury Department, has the power to impose conditions on foreign acquisitions, including the “extreme” step of forcing a divestiture of the U.S. assets, said McPhie, who has represented clients before the committee.

“We bought energy assets in the U.S. before and we have experience on how to get regulatory clearance,” Cnooc Chief Executive Officer Li Fanrong said on a conference call with reporters on July 23. Spokesmen for Cnooc and Nexen didn’t immediately respond to requests for comment on their efforts to get the deal approved in the U.S.

Wexler & Walker Public Policy Associates registered to lobby on behalf of Cnooc July 12. Its lobbyists include Bud Cramer, a former Democratic representative from Alabama, public records show.

Lobbyist Hired

In May, Cnooc hired Hill & Knowlton Strategies to lobby Congress on issues relating to the environment and natural gas, according to public records filed with the Senate.

Both firms are part of WPP Plc (WPP) in Dublin.

Allison Cohen, a spokeswoman for Hill & Knowlton, said the firm didn’t comment “on our clients or prospects.” A call to Wexler and Walker wasn’t immediately returned.

Hill & Knowlton employees have been lobbying Canadian government departments, ministers and officials for Cnooc, according to a website registry run by the Office of the Commissioner of Lobbying of Canada.

Cnooc, China’s largest offshore oil and gas explorer, hadn’t paid a firm to lobby Congress since its 2005 attempt to buy Unocal, according to public records. Unocal was eventually bought by San Ramon, California-based Chevron Corp. (CVX)

When it withdrew its Unocal bid, Cnooc said in an announcement that “unprecedented political opposition” to its proposed purchase was “regrettable and unjustified.”

Schumer Letter

Senator Charles Schumer, a New York Democrat, urged Timothy Geithner, who as Treasury secretary is the chairman of the committee on foreign investment, to withhold approval of the purchase until China agreed to provide U.S. goods with more access to Chinese markets, according to a letter sent today.

“It is rare that we have so much leverage to exert upon China,” Schumer said in a statement. “We should not let this window of opportunity pass us by.”

Schumer expressed overall support for the deal, saying it “will benefit the United States and help ensure the continued resurgence of our domestic energy sector.”

Nancy McLernon, chief executive officer of the Organization for International Investment, said the purchase by foreign companies of U.S.-based assets has become less politically charged since then.

“There is a widespread recognition of the value of foreign investment in the U.S.,” McLernon whose Washington-based group includes U.S. subsidiaries of Iberdrola SA (IBE) in Bilbao, Spain, and Tokyo-based Sony Corp. (6758), said in an interview.

Nexen’s other oil and gas assets include production in Nigeria and the North Sea, as well as oil-sands reserves at Long Lake, Alberta, where it already produces crude in a joint venture with Cnooc.

To contact the reporters on this story: Jim Snyder in Washington at jsnyder24@bloomberg.net; Rebecca Penty in Calgary at rpenty@bloomberg.net

To contact the editors responsible for this story: Jon Morgan at jmorgan97@bloomberg.net; Susan Warren at susanwarren@bloomberg.net

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One-Term Presidents Don’t Make the Grade With Historians

Tuesday, July 31st, 2012

One-Term Presidents Don’t Make the Grade With Historians

U.S. political junkies are being treated to a feast this summer: David Maraniss’ acclaimed new book on Barack Obama, the durable Mitt Romney biography by two Boston Globe reporters and, of course, another installment of Robert Caro’s classic series on Lyndon Johnson.

After reading those, you also might want to pick up Robert Merry’s “Where They Stand: The American Presidents in the Eyes of Voters and Historians,” an analysis of how presidents fare with historians and why. It would make especially instructive reading for Obama and Romney.

The inspiration for Merry, a former top Washington reporter and editor and author of three other books dealing with U.S. politics, was an interview with Obama in which he said he’d “rather be a really good one-term president than a mediocre two-term president.”

Merry discovers that’s pretty much a historical non- sequitur. The only one-term president who rates high in historians’ surveys is James Polk who acquired the Oregon territories and California, and annexed Texas after a war with Mexico. (Merry has written a biography of Polk, a thoroughly pedestrian man who has been described as America’s “least-known consequential president.”)

Great Crisis

Great presidencies usually are born through crises. Abraham Lincoln preserved the Union. Franklin Roosevelt led the nation through the Great Depression and World War II. George Washington defined the office. Every major survey considers those the three greatest. (The Lincoln-era bookends James Buchanan and Andrew Johnson are invariably rated among the worst.)

Bill Clinton complained that he didn’t face a big crisis to prove his greatness. “I would have preferred being president during World War II,” he once lamented, according to Bob Woodward’s book about his presidency.

Yet a few great presidents were able to forge their own legacies. Theodore Roosevelt was the original trust-buster, initiated federal regulation to protect average citizens and launched the conservation movement; in foreign affairs, he ensured the completion of the Panama Canal and negotiated an end to the Russo-Japanese war, receiving the Nobel Peace Prize.

Woodrow Wilson, who Merry suggests is overrated, was president during World War I; that was in his second term, which is universally rated a failure. It was his first term, when he helped establish the Federal Reserve and the Federal Trade Commission, and enacted the federal income tax, that wins plaudits. He was a supporter of women’s suffrage, though a racial bigot.

It’s interesting how kind history is to a select few. Harry Truman didn’t run for re-election in 1952 because he was embarrassingly unpopular. Yet within a decade, his extraordinary first-term accomplishments — the Marshall Plan and Truman Doctrine, saving Western Europe from communism, forging international organizations, such as the United Nations, and the realization that the decision to drop the atomic bomb on Japan may have saved the lives of 1 million U.S. soldiers, marines and sailors — saw him steadily climb in surveys. He is now rated among the top seven or eight greatest presidents.

Almost all his achievements were in that short first term. Merry would argue that without the validation of re-election his place in history wouldn’t be as lofty. (Merry serves on the Board of Advisers of Bloomberg Government, which is owned by Bloomberg LP.)

Another interesting case for revision is Ulysses S. Grant. The great Union Civil War commander generally was judged to be a terrible president whose time in office was wracked by scandal and by the destructive Reconstruction. That was a fairly accepted view until recently when Eric Foner, a Columbia University historian, argued that it was the suppression of Southern blacks that followed Grant’s Reconstruction that is the real post-Civil War shame. Grant still ranks in the lower half of presidents, but no longer at the bottom.

President’s Role

Merry writes about the genius of the presidency that emerged from the 1787 Constitutional Convention; it was an office with virtually no precedent. Alexander Hamilton argued for an all-powerful president who would serve for life; others wanted the chief executive to be an appendage of the legislative branch. The compromise was to fashion a powerful presidency subject to checks and balances with delegated powers. This has survived for more than 200 years and is a model for countless other nations.

The lessons for the candidates this year are clear, the author said in an interview; they have to campaign “with an eye to governing” which is the only way to translate a victory into a mandate. He also hopes that Romney, as well as Obama, will appreciate the folly of the good one-term president theory; single-termers are usually history’s losers.

Merry refers throughout the book to what he believes is one of the best indicators of electoral outcome, the 13 keys formulated by the political scientist Allan Lichtman and the journalist Ken DeCell three decades ago. These include conventional yardsticks such as economic growth and control of Congress, as well as domestic and foreign-policy achievements and the lack of any scandal or social unrest.

As of today, the Licthman-DeCell keys show Obama on the positive side for nine of the 13, which points to an incumbent victory.

(Albert R. Hunt is Washington editor at Bloomberg News. The opinions expressed are his own.)

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To contact the writer of this column: Albert Hunt in Washington at ahunt1@bloomberg.net

To contact the editor responsible for this column: Max Berley at mberley@bloomberg.net.

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Heineken Lack of Asia Options Seen Forcing Bump: Real M&A

Tuesday, July 31st, 2012

Heineken Lack of Asia Options Seen Forcing Bump: Real M&A

July 26 (Bloomberg) — Heineken NV may need to raise a $6 billion offer for the rest of Asia Pacific Breweries Ltd., its main distributor in the region, to win over the Dutch company’s local venture partners.

“It’s in Heineken’s interest to pay,” Richard O’Donovan, a Dublin-based analyst at Davy Research, said in a telephone interview. “They could go a little bit higher. There are very few assets that Heineken can go after, and this is one where they’ve had a long relationship which has been quite successful. They’ve left themselves with nothing of significance in Asia unless they follow through with this deal.”

Heineken last week offered S$7.5 billion ($6 billion) to buy out the other investors in APB, the brewer and distributor of Heineken and Tiger brands in markets from Indonesia to China and Heineken’s main foothold in the world’s biggest beer market for more than 80 years. APB shares closed yesterday 4 percent higher than the bid, indicating some traders anticipate a sweetened proposal, according to data compiled by Bloomberg.

Two days before the bid, one of Heineken’s competitors agreed to buy a stake in Fraser & Neave Ltd., which is APB’s other major owner. Concern that F&N’s new investor, Thai Beverage Pcl, along with shareholder Kirin Holdings Co. will assert more influence over APB spurred Heineken’s takeover offer, Deutsche Bank AG said. While data compiled by Bloomberg show the bid is already the most expensive relative to earnings of any Asian brewery takeover greater than $1 billion, UBS AG says Heineken may need to boost the price as much as 30 percent to persuade ThaiBev and Kirin to part with APB.

Kirin Bid

Kirin, Japan’s largest brewer by market value, is considering a bid for F&N’s soft drinks and dairy businesses, said three people with knowledge of the matter. The people, who asked not to be identified as the deliberations are private, didn’t say how much Kirin would offer for the operations.

Kirin spokesman Kan Yamamoto declined to comment on the company’s plans, or the prospect of a higher bid for APB.

The board of directors of Singapore-based F&N is expected to meet today to discuss the bid from Heineken, said two people with knowledge of the matter. The board may not make a decision on the offer at today’s meeting, one of the people said.

Representatives for F&N and Bangkok-based ThaiBev declined to comment on the prospect of a higher bid.

“We feel our current offer is a full price and represents compelling value,” said Charlie Armitstead, a spokesman for Amsterdam-based Heineken.

‘Valuable Asset’

Founded in 1931, APB has over 40 beer brands including Tiger which is offered in 60 markets worldwide, according to the company’s website. APB’s profit rose almost 19 percent to S$217.6 million in the six months through March with sales mostly from South and Southeast Asia, according to data compiled by Bloomberg.

APB is majority owned by a joint venture between Heineken and F&N. Heineken owns a 42 percent stake in APB, and F&N controls about 40 percent.

“This is a very valuable asset,” said Jenai Chua, a Singapore-based analyst at Bank Julius Baer, which manages $281 billion in assets. “Tiger beer has a strong presence in Malaysia and Singapore and it’s expanding into other parts of Southeast Asia.”

Beer sales in Asia, the world’s largest beer market, will grow at an annual rate of 4.8 percent in the five years to 2016, the second-fastest pace of growth in the world after the Middle East and Africa, according to projections from researcher Euromonitor International.

Most Expensive

APB’s Bintang beer is the number one seller in Indonesia, with 42 percent of the market by volume, according to Euromonitor. Tiger is Singapore’s top beer brand with almost 35 percent, and Heineken is fourth in Vietnam, Asia’s fastest- growing beer market by volume.

Heineken says its namesake brand is APB’s largest, representing about 30 percent of its volume.

Heineken’s offer of S$50 a share for the 58 percent of APB it doesn’t already own values the company at about 17 times earnings before interest, taxes, depreciation and amortization, data compiled by Bloomberg show. That’s the most paid in a takeover of an Asian brewer worth more than $1 billion, and the highest price globally since Heineken and Carlsberg A/S offered 23 times Ebitda in a 9.5 billion-pound ($15 billion) takeover of Scottish & Newcastle Ltd. in 2008, the data show.

Thai Billionaire

The bid came two days after ThaiBev, controlled by Thai billionaire Charoen Sirivadhanabhakdi, said it would pay S$2.78 billion for 22 percent of F&N, while his son-in-law’s company would buy 8.6 percent of APB for S$45 a share. F&N said today that ThaiBev increased its stake to 23.9 percent. With the purchase, ThaiBev tops Kirin’s 15 percent stake to become F&N’s largest shareholder, data compiled by Bloomberg show.

“Concerns over the prospect of having two competing brewers having significant influence in F&N is likely to have prompted Heineken to attempt to address the situation once and for all,” Gregory Lui, an analyst in Singapore with Deutsche Bank, wrote in a July 23 note. “Heineken raising its offer cannot be ruled out given Heineken’s balance sheet capacity.”

Heineken, the world’s third-largest brewer, needs F&N’s board to recommend the deal to its shareholders and for those investors to vote in favor of the transaction, the company said in a July 20 statement. Failing that, Heineken said it “will review all options available to protect its commercial interests.”

Debt Covenant

“It’s probably not their best offer they put on the table in the first place,” Olivier Nicolai, a London-based analyst at UBS, said in a phone interview. “If Heineken wants control, they will have to raise it for sure.”

By raising the offer as high as S$65 a share, or 25 percent more than yesterday’s closing price, Heineken would still keep its net debt at less than four times Ebitda, a threshold regarded as “the covenant in the beer industry,” according to Nicolai. Heineken had 813 million euros ($988 million) in cash as of December and net debt at 2.53 times Ebitda, the data show.

Yesterday, APB shares, which had earlier traded within 50 cents of Heineken’s S$50 offer, surpassed that level in the final eight minutes of trading. The surge, which left APB at S$52, reflects speculation that a higher bid may be possible, Andrew Holland, an analyst at Societe Generale, said in a phone interview from London.

‘Powerful Position’

“Fraser & Neave is in quite a powerful position,” he said. “They don’t have to sell. They can go to Heineken and say, ‘We’re interested in principle in your offer, but you need to offer more money.”

APB dropped 3.9 percent to S$50 a share in Singapore today. F&N rose 0.4 percent to S$8.38, a new record.

Heineken, which also owns a stake in India’s United Breweries Ltd., said Asia accounted for 6.5 percent of operating income last year. It describes APB as “underpinning our position in the region.”

At F&N, beer generated income of S$172 million in the year through last September, 41 percent more than the year before and the third-largest source of profits after development and investment property, according to data compiled by Bloomberg.

The beverage business is the primary appeal to F&N investors, said Neo Chiu Yen, an analyst at ABN Amro Private Banking, which manages $207 billion in assets. The beer unit generates cash flow that helps F&N expand its smaller soft-drink business, she said.

“What everyone is most interested in is the brewery business,” Mikihiko Yamato, deputy head of research for JI Asia in Tokyo, said in a telephone interview. “Breweries are a highly attractive business because the margin is high.”

Real Estate

Without the beer business, F&N would depend predominantly on shopping centers, serviced apartments, homes and industrial property. In Singapore alone, Frasers Centrepoint, an F&N subsidiary, oversees nine malls, while the company has development projects in the U.K., Australia, New Zealand, Thailand, Vietnam and China, according to the Frasers Centrepoint website.

In the year ended September 2011, property accounted for more than two-thirds of F&N’s profit, according to data compiled by Bloomberg. Excluding breweries, food and beverage units made up 8.2 percent of net income, the data show.

“If you sell APB, F&N will essentially be a property business in Singapore, which means that if you’re a brewer, like ThaiBev and Kirin, can you justify to your shareholders owning this kind of business?” said Nicolai at UBS.

F&N Breakup

In the event of an APB sale, Kirin and ThaiBev may push F&N to separate its property business from the remaining food and drinks assets, Jit Soon Lim, a Singapore-based analyst at Nomura Holdings Inc., said in a July 23 note. Such a move would allow investors to value the units more accurately, according to Maybank Kim Eng Securities.

“They should carve out the property business later because these diversified units are not even related,” said Maria Lapiz, co-head of research at Maybank Kim Eng in Bangkok. “They’re probably worth a lot more individually, and it’s one way for ThaiBev to recoup its investment.”

Lapiz, who covered ThaiBev at JPMorgan Chase & Co. until February, said the disposal of APB may lead Kirin to sell its stake in F&N, while ThaiBev focuses on the soft-drink business, which it is eager to grow.

Still, for that to happen, Heineken first needs to succeed in its bid for APB.

“In Asia-Pac at this stage, this is Heineken’s business,” said O’Donovan of Davy Research. “They’ve had it for a long time, so they’re not going to be willing to give it up lightly.”

To contact the reporters on this story: Angus Whitley in Sydney at ; Jonathan Burgos in Singapore at ; Joyce Koh in Singapore at

awhitley1@bloomberg.netjburgos4@bloomberg.netjkoh38@bloomberg.net
To contact the editor responsible for this story: Sarah Rabil at ; Nick Gentle at ; Philip Lagerkranser at .

srabil@bloomberg.netngentle2@bloomberg.netlagerkranser@bloomberg.net
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Hackers Linked to China’s Army Seen From EU to D.C.

Monday, July 30th, 2012

Hackers Linked to China’s Army Seen From EU to D.C.

The hackers clocked in at precisely 9:23 a.m. Brussels time on July 18 last year, and set to their task. In just 14 minutes of quick keyboard work, they scooped up the e-mails of the president of the European Union Council, Herman Van Rompuy, Europe’s point man for shepherding the delicate politics of the bailout for Greece, according to a computer record of the hackers’ activity.

Over 10 days last July, the hackers returned to the council’s computers four times, accessing the internal communications of 11 of the EU’s economic, security and foreign affairs officials. The breach, unreported until now, potentially gave the intruders an unvarnished view of the financial crisis gripping Europe.

And the spies were themselves being watched. Working together in secret, some 30 North American private security researchers were tracking one of the biggest and busiest hacking groups in China.

Observed for years by U.S. intelligence, which dubbed it Byzantine Candor, the team of hackers also is known in security circles as the Comment group for its trademark of infiltrating computers using hidden webpage computer code known as “comments.”

During almost two months of monitoring last year, the researchers say they were struck by the sheer scale of the hackers’ work as data bled from one victim after the next: from oilfield services leader Halliburton Co. (HAL) to Washington law firm Wiley Rein LLP; from a Canadian magistrate involved in a sensitive China extradition case to Kolkata-based tobacco and technology conglomerate ITC Ltd. (ITC)

Gathering Secrets

The researchers identified 20 victims in all — many of them organizations with secrets that could give China an edge as it strives to become the world’s largest economy. The targets included lawyers pursuing trade claims against the country’s exporters and an energy company preparing to drill in waters China claims as its own.

“What the general public hears about — stolen credit card numbers, somebody hacked LinkedIn (LNKD) — that’s the tip of the iceberg, the unclassified stuff,” said Shawn Henry, former executive assistant director of the FBI in charge of the agency’s cyber division until leaving earlier this year. “I’ve been circling the iceberg in a submarine. This is the biggest vacuuming up of U.S. proprietary data that we’ve ever seen. It’s a machine.”

Exploiting a hole in the hackers’ security, the researchers created a digital diary, logging the intruders’ every move as they crept into networks, shut off anti-virus systems, camouflaged themselves as system administrators and covered their tracks, making them almost immune to detection by their victims.

Every Move

The minute-by-minute accounts spin a never-before told story of the workaday routines and relentless onslaught of a group so successful that a cyber unit within the Air Force’s Office of Special Investigations in San Antonio is dedicated to tracking it, according to a person familiar with the unit.

Those logs — a record of the hackers’ commands to their victims’ computers — also reveal the highly organized effort behind a group that more than any other is believed to be at the spear point of the vast hacking industry in China. Byzantine Candor is linked to China’s military, the People’s Liberation Army, according to a 2008 diplomatic cable released by WikiLeaks. Two former intelligence officials verified the substance of the document.

Hackers and Spies

The methods behind China-based looting of technology and data — and most of the victims — have remained for more than a decade in the murky world of hackers and spies, fully known in the U.S. only to a small community of investigators with classified clearances.

“Until we can have this conversation in a transparent way, we are going to be hard pressed to solve the problem,” said Amit Yoran, former National Cyber Security Division director at the Department of Homeland Security.

Yoran now works for RSA Security Inc., a Bedford, Massachusetts-based security company which was hacked by Chinese teams last year. “I’m just not sure America is ready for that,” he said.

What started as assaults on military and defense contractors has widened into a rash of attacks from which no corporate entity is safe, say U.S. intelligence officials, who are raising the alarm in increasingly dire terms.

In an essay in the Wall Street Journal July 19, President Barack Obama warned that “the cyber threat to our nation is one of the most serious economic and national security challenges we face.” Ten days earlier, in a speech given in Washington, National Security Agency director Keith Alexander said cyber espionage constitutes “the greatest transfer of wealth in history,” and cited a figure of $1 trillion spent globally every year by companies trying to protect themselves.

Harvesting Secrets

The networks of major oil companies have been harvested for seismic maps charting oil reserves; patent law firms for their clients’ trade secrets; and investment banks for market analysis that might impact the global ventures of state-owned companies, according to computer security experts who asked not to be named and declined to give more details.

China’s foreign ministry in Beijing has previously dismissed allegations of state-sponsored cyberspying as baseless and said the government would crack down if incidents came to light. Contacted for this story, it did so again, referring to earlier ministry statements.

Private researchers have identified 10 to 20 Chinese hacking groups but said they vary significantly in activity and size, according to government investigators and security firms.

Group Apart

What sets the Comment group apart is the frenetic pace of its operations. The attacks documented last summer represent a fragment of the Comment group’s conquests, which stretch back at least to 2002, according to incident reports and interviews with investigators. Milpitas, California-based FireEye Inc. alone has tracked hundreds of victims in the last three years and estimates the group has hacked more than 1,000 organizations, said Alex Lanstein, a senior security researcher.

Stolen information is flowing out of the networks of law firms, investment banks, oil companies, drug makers, and high technology manufacturers in such significant quantities that intelligence officials now say it could cause long-term harm to U.S. and European economies.

’Earthquake Is Coming’

“The activity we’re seeing now is the tremor, but the earthquake is coming,” said Ray Mislock, who before retiring in September was chief security officer for DuPont Co., which has been hacked by unidentified Chinese teams at least twice since 2009.

“A successful company can’t sustain a long-term loss of knowledge that creates economic power,” he said.

Even those offline aren’t safe. Y.C. Deveshwar, 65, a businessman who heads ITC, India’s largest maker of cigarettes, doesn’t use a computer. The Comment hackers last year still managed to steal a trove of his documents, navigating the conglomerate’s huge network to pinpoint the machine used by Deveshwar’s personal assistant.

On July 5, 2011, the thieves accessed a list of documents that included Deveshwar’s family addresses, tax filings, and meeting minutes, as well as letters to fellow executives, such as London-based British American Tobacco Plc (BATS) chairman Richard Burrows and BAT chief executive, Nicandro Durante, according to the logs. They tried to open one entitled “YCD LETTERS” but couldn’t, so the hackers set up a program to steal a password the next time his assistant signed on.

Keeping Quiet

When Bloomberg contacted the company in May, spokesman Nazeeb Arif said ITC was unaware of the breach, potentially giving the hackers unimpeded access to ITC’s network for more than a year. Deveshwar said in a statement that “no classified company related documents” were kept on the computer.

Companies that discover their networks have been commandeered usually keep quiet, leaving the public, shareholders and clients unaware of the magnitude of the problem. Of the 10 Comment group victims reached by Bloomberg, those who learned of the hacks chose not to disclose them publicly, and three said they were unaware they’d been hacked until contacted for this story.

This account of the Comment group is based on the researchers’ logs, as well as interviews with current and former intelligence officials, victims, and more than a dozen U.S. cybersecurity experts, many of whom track the group independently.

Private Investigators

The researcher who provided the computer logs asked not to be named because of the sensitivity of the data, which included the name of victims. He was part of a collaborative drawn from 20 organizations that included people from private security companies, a university, internet service providers and companies that have been targeted, including a defense contractor and a pharmaceutical firm. The group included some of the top experts in the field, with experience investigating cyberspying against the U.S. government, major corporations and high profile political targets, including the Dalai Lama.

Like similar, ad hoc teams formed temporarily to study hackers’ techniques, the group worked in secret because of the sensitivities of the investigation aimed at state-sponsored espionage. A smaller version of the group is continuing its research.

As the surge in attacks on businesses and non-government groups over the last five years has pulled private security experts into the hacker hunt, they say they’re gradually catching up with U.S. counterintelligence agencies, which have been tackling the problem for a decade.

Espionage Tools

One Comment group trademark involves hijacking unassuming public websites to send commands to victim computers, turning mom-and-pop sites into tools of foreign espionage, but also allowing the group to be monitored if those websites can be found, according to security experts. Sites it has commandeered include one for a teacher at a south Texas high school with the website motto “Computers Rock!” and another for a drag racing track outside Boise, Idaho.

Adding a potentially important piece to the puzzle, researcher Joe Stewart, who works for Dell SecureWorks, an Atlanta-based security firm and division of Dell Inc. (DELL), the computer technology company, last year uncovered a flaw in software used by Comment group hackers. Designed to disguise the pilfered data’s ultimate destination, the mistake instead revealed that in hundreds of instances, data was sent to Internet Protocol (IP) addresses in Shanghai.

Military Link?

The location matched intelligence contained in the 2008 State Department cable published by WikiLeaks that placed the group in Shanghai and linked it to China’s military. Commercial researchers have yet to make that connection. The basis for that cable’s conclusion, which includes the U.S.’s own spying, remains classified, according to two former intelligence specialists.

Lanstein said that although the make-up of the Comment group has changed over time — the logs show some inexperienced hackers in the group making repeated mistakes, for example –the characteristics of a single group are unmistakable. The code and tools used by Comment aren’t public, and anyone using it would have to be given entre into the hackers’ ranks, he said.

By October 2008, when the diplomatic cable published by WikiLeaks outlined the group’s activities, the Comment group had raided the networks of defense contractors and the Department of State, as well as made a specialty of hacking U.S. Army systems. The classified code names for China’s hacking teams were changed last year after that leak.

Cybersecurity experts have connected the group to a series of headline-grabbing hacks, ranging from the 2008 presidential campaigns of Barack Obama and John McCain to the 72 victims documented last year by the Santa Clara, California-based security firm McAfee Inc., in what it called Operation Shady Rat.

Nuclear Break-In

Others, not publicly attributed to the group before, include a campaign against North American natural gas producers that began in December 2011 and was detailed in an April alert by the Department of Homeland Security, two experts who analyzed the attack said. In another case, the hackers first stole a contact list for subscribers to a nuclear management newsletter, and then sent them forged e-mails laden with spyware.

In that instance, the group succeeded in breaking into the computer network of at least one facility, Diablo Canyon nuclear plant, next to the Hosgri fault north of Santa Barbara, according to a person familiar with the case who asked not to be named.

Last August, the plant’s incident management team saw an anonymous Internet post that had been making the rounds among cybersecurity professionals. It purported to identify web domains being used by a Chinese hacking group, including one that suggested a possible connection to Diablo plant operator Pacific Gas & Electric Co., according to an internal report obtained by Bloomberg News.

Partial Control

It’s unclear how the information got to the Internet, but when the plant investigated, it found that the computer of a senior nuclear planner was at least partly under the control of the hackers, according to the report. The internal probe warned that the hackers were attempting “to identify the operations, organizations, and security of U.S. nuclear power generation facilities.”

The investigators concluded that they had caught the breach early and there was “no solid indication” data was stolen, according to the report, though they also found evidence of several previous infections.

Blair Jones, a spokesman for PG&E, declined to comment, citing plant security.

Around the time the hackers were sending malware-laden e- mails to U.S. nuclear facilities, six people at the Wiley Rein law firm were ushered into hastily called meetings. In the room were an ethics compliance officer and a person from the firm’s information technology team, according to a person familiar with the investigation. The firm had been hacked, each of the six were told, and they were the targets.

Lawyers’ Files

Among them were Alan Price and Timothy Brightbill. Firm partners and among the best known international trade lawyers in the country, they’ve handled a series of major anti-dumping and unfair trade cases against China. One of those, against China’s solar cell manufacturers, in May resulted in tariffs on more than $3 billion in Chinese exports, making it one of the largest anti-dumping cases in U.S. history.

Dale Hausman, Wiley Rein’s general counsel, said he couldn’t comment on how the breach affected the firm or its clients. Wiley Rein has since strengthened its network security, Hausman said.

“Given the nature of that practice, it’s almost a cost of doing business. It’s not a surprise,” he said.

E-Mails to Spouses

Tipped off by the researchers, the firm called the Federal Bureau of Investigation, which dispatched a team of cyber investigators, the person familiar with the investigation said. Comment hackers had encrypted the data it stole, a trick designed to make it harder to determine what was taken. The FBI managed to decode it.

The data included thousands of pages of e-mails and documents, from lawyers’ personal chatter with their spouses to confidential communications with clients. Printed out in a stack, the cache was taller than a set of encyclopedias, the person said.

Researchers watching the hackers’ keystrokes last summer say they couldn’t see most of what was stolen, but it was clear that the spies had complete control over the firm’s e-mail system. The logs also hold a clue to how the FBI might have decrypted what was stolen. They show the simple password the hackers used to encrypt the files: 123!@#. Paul Bresson, a spokesman for the FBI in Washington, declined to comment.

Following the Crisis

In case after case, the hackers’ trail crisscrossed with geopolitical events and global headlines. Last summer, as the news focused on Europe’s financial crisis, with its import for China’s rising economic power, the hackers followed.

The timing coincided with an intense period for EU Council President Van Rompuy, set off by the failure July 11 of the EU finance ministers to agree on a second bailout package for Greece. Over the next 10 days, the slight and balding former Belgian prime minister presided over the negotiations, drawing European leaders, including German Chancellor Angela Merkel, to a consensus.

Although the monitoring of Van Rompuy and his staff occurred during those talks, researchers say that the logs suggest a broad attack that wasn’t timed to a specific event. It was the cyber equivalent of a wiretap, they say — an operation aimed at gathering vast amounts of intelligence over weeks, perhaps months.

’Big Implications’

Richard Falkenrath, former deputy homeland security adviser to President George W. Bush, said China has succeeded in integrating decision-making about foreign economic and investment policy with intelligence collection.

“That has big implications for the rest of the world when it deals with the country on those terms,” he said.

Beginning July 8, 2011, the hackers’ access already established, they dipped into the council’s networks repeatedly over 10 days. The logs suggest an established routine, with the spies always checking in around 9 a.m. local time. They controlled the council’s exchange server, which gave them complete run of the e-mail system, the logs show. From there, the hackers simply opened the accounts of Van Rompuy and the others.

Week of E-Mails

Moving from one victim to the next, the spies grabbed e- mails and attached documents, encrypted them in compression files and catalogued the reams of material by date. They grabbed a week’s worth of e-mails each time, appearing to follow a set protocol. Their other targets included then economic adviser and deputy head of cabinet, Odile Renaud-Basso, and the EU’s counter-terrorism coordinator. It’s unclear how long the hackers had been in the council’s network before the researchers’ monitoring began — or how long it lasted after the end of July last year.

There’s no indication the hackers penetrated the council’s offline system for secret documents. “Classified information and other sensitive internal information is handled on separate, dedicated networks,” the council press office said in a statement when asked about the hacks. The networks connected to the Internet, which handle e-mail, “are not designed for handling classified information.”

What the EU did about the breach is unclear. Dirk De Backer, a spokesman for Van Rompuy, declined to comment on the incident, as did an official from the EU Council’s press office. A member of the EU’s security team joined the group of researchers in late July, and was provided information that would help identify the hackers’ trail, one of the researchers said.

“No Knowledge”

Zoltan Martinusz, then principal adviser on external affairs and one of two victims reached by Bloomberg who would address the issue, said, “I have no knowledge of this.” The other official, who wasn’t authorized to discuss internal security and asked not to be identified, said he was informed last year that his e-mails had been accessed.

The logs show how the hackers consistently applied the same, simple line of attack, the researchers said. Starting with a malware-laden e-mail, they moved rapidly through networks, grabbing encrypted passwords, cracking the coding offline, and then returning to mimic the organization’s own network administrators. The hackers were able to dip in and out of networks sometimes over months.

The approach circumvented the millions of dollars the organizations collectively spent on protection.

Security Switched Off

As the spies rifled the network of Business Executives for National Security Inc., a Washington-based nonprofit whose advisory council includes former Secretary of State Henry Kissinger and former Treasury Secretary Robert Rubin, the logs show them switching off the system’s Symantec anti-virus software. Henry Hinton Jr., the group’s chief operations officer, said in June he was unaware of the hack, confirming the user names of staff computers that the logs show were accessed, his among them.

The records show the hackers’ mistakes, but also clever tricks. Using network administrator status, they consolidated onto a single machine the computer contents of the president and seven other staff members of the International Republican Institute, a nonprofit group promoting democracy.

220 Documents

With all that data in one place, the hackers on June 29, 2011, selected 220 documents, including PDFs, spreadsheets, photos and the organization’s entire work plan for China. When they were done, the Comment group zipped up the documents into several encrypted files, making the data less noticeable as it left the network, the logs show.

Lisa Gates, a spokeswoman for the IRI, confirmed that her organization was hacked but declined to comment on the impact on its programs in China because of concern for the safety of staff and people who work with the group. A funding document describes activities including supporting independent candidates in China, who frequently face harassment by China’s authorities.

As a portrait of the hackers at work, the logs also show how nimbly they could respond to events, even when sensitive government networks were involved. The hackers accessed the network of the Immigration and Refugee Board of Canada July 18 last year, targeting the computer of Leeann King, an immigration adjudicator in Vancouver.

King had made headlines less than a week earlier when she temporarily freed Chinese national Lai Changxing in the final days of a long extradition fight. Chinese authorities had been chasing Lai since he fled to Canada in 1999, alleging that he ran a smuggling ring that netted billions of dollars.

Cracking Court Accounts

Monitoring by Cyber Squared Inc., an Arlington, Virginia- based company that tracks Comment independently and that captured some of the same activity as the researchers, recorded the hackers as they worked rapidly to break into King’s account. Beginning only with access to computers in Toronto, the hackers grabbed and decrypted user passwords, gaining access to IRB’s network in Vancouver and ultimately, the logs show, to King’s computer. From start to finish, the work took just under five hours.

Melissa Anderson, a spokeswoman for the board, said officials had no comment on the incident other than to say that any such event would be fully investigated. Lai was eventually sent back to China on July 23, 2011 after losing a final appeal. He was arrested, tried, and in May of this year, a Chinese court sentenced him to life in prison.

Controlling the Networks

In case after case, the hackers had the run of the networks they were rifling. It’s unclear how many of the organizations researchers contacted, but in only one of those cases was the victim already aware of the intrusion, according to one member of the group. Halliburton officials said they were aware of the intrusion and were working with the FBI, one of the researchers said.

Marisol Espinosa, a spokeswoman for the publicly traded company, declined to comment on the incident.

The trail last summer led to some unlikely spots, including Pietro’s, an Italian restaurant a couple of blocks from Grand Central station in New York. In business since 1932, guests to the dim, old-fashioned dining room can choose linguine with clam sauce (red or white) for $28. The Comment group stopped using the restaurant’s site to communicate with hacked networks sometime last year, said FireEye’s Lanstein, who discovered that the hackers had left footprints there. Traces are still there.

’Ugly Gorilla’

Hidden in the webpage code of the restaurant’s site is a single command: ugs12, he said. It’s an order to a captive computer on some victim’s network to sleep for 12 minutes, then check back in, he explained. The ”ug” stands for “ugly gorilla,” what security experts believe is a moniker for a particularly brash member of Comment, a signal for anyone looking that the hackers were there, said Lanstein.

“We’re so good even hackers want us!” joked Bill Bruckman, the restaurant’s co-owner, when he was told his website had been part of the global infrastructure of a Chinese hacking team. “Hey, put my name out there — any business is good business,” he said.

Bruckman said he knew nothing about the breach. A few friends reported trouble accessing the site about six months ago, though he said he’d never figured out what the problem was.

Outside a moment later, smoking a cigarette, Bruckman added a more serious note.

“Think of all that effort and information going down the drain. What a waste, you know what I mean?”

To contact the reporters on this story: Michael Riley in Washington at michaelriley@bloomberg.net; Dune Lawrence in New York at dlawrence6@bloomberg.net

To contact the editor responsible for this story: Melissa Pozsgay at mpozsgay@bloomberg.net; Michael Hytha at mhytha@bloomberg.net

Find out more about Bloomberg for iPhone: m.bloomberg.com/iphone/

China ‘building up rare earth reserves’

Saturday, July 14th, 2012

China ‘building up rare earth reserves’
By Wang Qian in Chenzhou, Hunan and Liu Yiyu in Beijing (14 July, 2012 10:26 AM)
China is spending billions of yuan buying domestically mined rare earth to build up its national strategic reserves, an official said on Friday.
Shi Yaoqiang, an official in the rare earth division of the Ministry of Industry and Information Technology, told China Daily that the nation started the purchasing program last year, mainly targeting heavy rare earth, without disclosing details such as the amount and the price.
But a senior official from Baogang Group, the parent of Baotou Steel Rare Earth Hi-Tech Co, China’s largest rare earth producer by output which is involved in the government purchase of the mineral, suggested the plan involves the purchase of around 6 billion yuan ($949 million) worth of rare earth.
Baotou Steel Rare Earth announced plans on Thursday to launch a rare earth trading platform on Aug 8 to better price the resource.
Speaking on the sidelines of a national conference on supervising rare earth development, in Chenzhou, Hunan province, Shi said: “China has adopted various ways of collecting rare earths, such as building strategic reserves and purchasing rare earths for national storage.”
Zhang Anwen, deputy secretary of Chinese Society of Rare Earths, added: “Rare earth storage is a strategy that many countries, such as Japan, have already been using to ensure the sustainable development of high-tech industries.”
Rare earths, which are used in the high-tech and defense sectors, are generally divided into two categories-light and heavy rare earth element groups.
The State Council, first suggested establishing a national rare earth strategic reserve system, combining the commercial stockpiling with national rare earth reserve bases, in May last year.
In 2011, China established 11 State-managed rare earth mining zones in Ganzhou, Jiangxi province – an area rich in heavy rare earth resources – covering an area of 2,500 square kilometers.
Rare earths cover a group of 17 elements, including scandium and yttrium, which are key components for modern-day technologies such as hybrid electric vehicles, liquid crystal display and other high-tech products.
China’s rare earth reserves account for about 23 percent of the world’s total but have been excessively exploited, according to a white paper issued by the Ministry of Industry and Information Technology last month.
As the world’s largest producer of rare earths, China provides more than 90 percent of supplies. Domestic reserves totaled 18.59 million metric tons in 2009.
Since 2007, China has toughened its rare earth production regulations in a bid to minimize the severe environmental impact caused by excessive exploitation.
The State Council has substantially increased environmental protection standards in the rare earth mining and smelting sector, and set a limit on exports last May.
Domestic demand for rare earths slumped last year after the government tightened controls over production and mining, as many plants closed down.
Rare earth prices have nearly halved from last year’s level as global demand weakens.

LinkedIn’s security issue reveals obvious: Passwords, users always a weak link

Friday, June 8th, 2012

LinkedIn’s security issue reveals obvious: Passwords, users always a weak link
By Larry Dignan | June 7, 2012, 3:57am PDT
The years change, but the stories remain the same. Passwords are a crappy defense and most of us use poor ones in exchange for ease of use.

Some LinkedIn users had their passwords stolen. Phishing attacks ensued to prey on LinkedIn users. Now eHarmony has had issues. Passwords are regularly swiped from Web mail accounts.

The problem: Passwords may be the most imperfect security measure around. Most users don’t want to sacrifice usability for a good password.

Related: LinkedIn password breach: How to tell if you’re affected | 6.46 million LinkedIn passwords leaked online

Sure, there are encryption techniques, two-factor authentication and other enhanced security measures. The reality is that most of us stick with a password we may or may not remember.

LinkedIn stated the obvious on a blog about its password issues:

Our security team continues to investigate this morning’s reports of stolen passwords. At this time, we’re still unable to confirm that any security breach has occurred. You can stay informed of our progress by following us on Twitter @LinkedIn and @LinkedInNews.

While our investigation continues, we thought it would be a good idea to remind our members that one of the best ways to protect your privacy and security online is to craft a strong password, to change it frequently (at least once a quarter or every few months) and to not use the same password on multiple sites. Use this as an opportunity to review all of your account settings on LinkedIn and on other sites too. Remember, no matter what website you’re on, it’s important for you to make sure that you protect your account security and privacy.

LinkedIn sounds like it has a handle on the issue. What LinkedIn can’t control is whether a user goes from a password like “password” to something like “123456.”

The password basics are well known:

Make your passwords eight or more characters;
Vary punctuation, symbols, letters and numbers;
Change passwords every three months;
Use different passwords for accounts.
That advice is obvious. But following those security practices also ensure that you won’t remember your passwords.

In other words, passwords are imperfect. Users are even more imperfect. But we’re stuck with them because no other security measure has gained critical mass on the consumer front.

Time to put the doomed euro out of its misery

Friday, June 1st, 2012

Time to put the doomed euro out of its misery

Eurozone deficits have been sustained via the backdoor of the ECB printing press and bail-outs from the eurozone and IMF
By Jeremy WarnerLast Updated: 8:49PM BST 12/04/2012
Europe can’t accept that the economics of the single currency condemn it to failure.

There is no mess quite so bad that official intervention won’t make it even worse. Nowhere is this old saw more applicable than in the eurozone, where only a month or so back, leaders were warmly congratulating themselves on having seen off the worst of the debt crisis. As is apparent from the events of the past week, these hopes were not just premature, but naive. The crisis is once again intensifying, with the focus of attention switching from Greece to Spain.

The European Central Bank’s flooding of the banking system with cheap money didn’t solve the problem, or provide more than short-term relief for its symptoms. After a brief period of remission, they are returning. At best, the ECB bought a little time. This has not been used well. Instead, the eurozone has just ploughed on with the same old set of failed policies.

The Spanish government, for example, recently announced 29 billion euros of spending cuts and tax increases. It failed to do the trick, so this week a further 10 billion was added to the tally. This only succeeded in unnerving the markets even more, forcing the ECB to concede that it might have to engage in further purchases of Spanish government bonds.

By promising virtually unlimited liquidity, the ECB may have prevented a Lehman-style meltdown of the banking system. Yet it also accentuated the underlying problem. Virtually free central bank finance has enabled Spanish and Italian banks to engage in a highly profitable arbitrage, borrowing money from the ECB and then reinvesting it in government bonds. This, in turn, helped ease the fiscal travails of the European periphery. But it also increased the banks’ underlying solvency problem, since they have been buying bonds that may eventually have to take a haircut.

Already, many are facing losses on their purchases. Yields have been rising again, as investors worry about the sustainability of Spain’s debts. What’s more, the preferential treatment given to the ECB and other “official” purchasers has concentrated the risk of default among the remaining investors, acting as a further deterrent to holding sovereign debt.

The inadequate, piecemeal nature of Europe’s approach to the crisis stems from a wanton refusal to face up to its causes. Europe can’t bring itself to accept that the economics of the single currency doom it to failure. Instead, “Anglo-Saxon” finance is still quite widely blamed, as if Europe would be just fine but for the wicked bankers of Wall Street and the City.

Failing that, EU leaders tend to regard the turmoil as a crisis primarily of excessive public indebtedness, so focus on strengthening the political constraints on government borrowing. Repeated rounds of self-defeating austerity have become the order of the day. Still others see the crisis as one of confidence, which can be addressed by setting up a rescue fund large enough to convince markets that they cannot undo the euro – a “big bazooka”. This, too, is just wishful thinking.

The real cause, as long argued by Sir Mervyn King, Governor of the Bank of England, and now accepted by most leading economists, is a simple, old-fashioned balance of payments crisis. Europe has long been divided into surplus and deficit nations: those that manage to pay their way in the world and those that have to borrow and import from abroad to sustain their standard of living. But since the advent of the euro, these imbalances have got very much worse.

Normally, they would be corrected through the natural market mechanism of free-floating exchange rates. Deficit nations would devalue against surplus ones, bringing trade and capital flows back into balance. But in a monetary union, this cannot happen. In fact, the exact opposite has occurred. A low interest rate designed to help Germany deal with the costly aftermath of reunification encouraged a consumer and construction boom in the underdeveloped periphery. This in turn caused differences in prices, wages and industrial competitiveness to widen.

Data compiled by Germany’s CESifo Institute show that, relative to the median, the “Giips” – Greece, Ireland, Italy, Portugal and Spain – have seen a 30 per cent appreciation of prices since the euro began. Germany, the leading surplus nation, has by contrast seen real depreciation of 22 per cent. In other words, the Giips have suffered a massive loss of competitiveness. They have appreciated while the Germans have devalued – the very reverse of what would have happened in a system of free-floating exchange rates.

When countries live beyond their means by running big current account deficits, they borrow from abroad to square the circle. In effect, the surplus country lends the deficit country the money to buy its goods. During the boom, German banks were happy to do this. Come the bust, they understandably stopped. Since then, the deficits have been sustained via the backdoor of the ECB printing press and bail-outs from the eurozone and IMF.

To correct the problem, either the Giips must suffer years of nominal wage cuts, deflation and depression-style unemployment, or Germany must accept much higher inflation. Since neither of these possibilities looks even remotely acceptable politically, there’s really only one way this can end. Europe hoped the single currency would be an instrument of growth and political unity. Instead – as I and others have warned – it’s turned out to be a doomsday machine. The tragedy is that no one will admit it’s time to turn it off.

Billionaire Chung Proving Hyundai No Joke Aiming for BMW

Friday, March 9th, 2012

Billionaire Chung Proving Hyundai No Joke Aiming for BMW

March 2 (Bloomberg) — Hyundai Motor Co. Chairman Chung Mong Koo crosses the stage for his New Year’s address, his heels clicking as 600 employees wait in silence.

Wearing a blue pinstriped suit, blue sweater and red tie, the 73-year-old son of Hyundai’s founder praises workers for building the world’s fifth-largest automaker. Then he considers the year ahead. Europe’s debt crisis will trim global growth, Chung says, yet he sees a bright side: Hyundai will have time to improve quality to take on the likes of BMW and Mercedes — making a full-speed run at becoming what he calls an ilryu giup, a global top player, Bloomberg Markets magazine reports in its April issue.

“We have the unyielding will to make challenges into opportunities,” he says. The throng assembled at Hyundai’s Seoul headquarters applauds.

With unbridled ambition, clout unmatched in most executive suites and workers who labor more hours than almost any on earth, Chung has fashioned Hyundai Motor Group into South Korea’s second-biggest chaebol and elevated the motor company to its centerpiece.

Hyundai and its Kia Motors Corp. affiliate are the most profitable of the world’s top six automakers, with a combined operating margin of 9.21 percent. Chung has dashed preconceptions — and jokes — about Hyundai’s quality by winning buyers from Mumbai to Los Angeles. Those customers kept factories that make Hyundai models humming at 104 percent of planned capacity last year.

Excel to Equus

Once known as the builder of cheap, utilitarian urban cars like the $4,995 Excel subcompact, Hyundai has emerged as an industry contender. It makes vehicles in nine countries with a 2012 lineup that includes the $12,545 Accent and the $59,000 Equus premium sedan. Its Elantra compact won acclaim in January when Detroit automotive journalists named it North American Car of the Year.

At the Namyang research center 30 miles (48 kilometers) southwest of Seoul, Hyundai is looking toward a future of luxury models and green technologies. Some 250 engineers dedicated to fuel cells hold hundreds of patents on the battery-like devices that combine hydrogen and oxygen to make electricity that will power cars and leave behind only heat and water.

‘Working Night and Day’

As Hyundai’s momentum grows, it’s challenging conventional wisdom about management, governance and investor relations — and evolving a model of capitalism that straddles East and West.

“Chung is working night and day to prove the Koreans are as good as anybody,” says Kishore Mahbubani, dean of the Lee Kuan Yew School of Public Policy at the National University of Singapore. “This is drive and determination of the first order. It’s helping shift the weight of history back to Asia.”

Dead last in J.D. Power & Associates quality surveys in 1994, Hyundai Motor spent years as fodder for late-night comedians. Chung, whose father built postwar Korea’s bridges and expressways, took over in 1998. He bought Kia from creditors during a bankruptcy auction that year and insisted his cars would match the quality of Toyota Motor Corp. He backed that claim with a 10-year engine warranty, still among the industry’s longest.

In 2004, he scrapped the boxy look of a prototype for the Genesis luxury sedan in favor of a crouching, athletic style — later luring Bavarian-born Peter Schreyer, the designer of Audi AG’s TT Coupe, to overhaul Kia’s lineup.

In 2005, as Korea’s won strengthened against the U.S. dollar, Chung ordered cost cutting to ensure the automaker would earn money even if the won surged. The company opened its first U.S. assembly plant that year.

Jewel of the Chaebol

By 2011, Hyundai Motor had become the jewel among the 63 companies in the chaebol, the family-controlled conglomerate that reported 129.6 trillion won ($115.9 billion) in revenue in the year ended that April.

The carmaker’s profit increased 35 percent to 8.1 trillion won in the 2011 calendar year; revenue climbed 16 percent to 77.8 trillion won. Operating profit margin was triple Toyota’s 3.08 percent, according to data compiled by Bloomberg.

Investors are taking note. Hyundai Motor shares more than tripled since Lehman Brothers Holdings Inc.’s September 2008 bankruptcy, trading at 216,000 won on Feb. 29.

During that time, U.S. carmakers cut 100,000 jobs, or one in seven. General Motors Co. and Chrysler Group LLC struggled through bankruptcy as Toyota wrestled with an 8-million-vehicle recall for unintended acceleration, earthquakes and floods.

Riding the Surge

Vehicle sales at Hyundai and 34 percent-owned Kia climbed 56 percent from the end of 2008 through the end of last year, faster than those of any major automaker.

“I’m quite comfortable Hyundai will continue to outperform its peers in a highly competitive market,” says Christopher Yip, an analyst in Hong Kong for Baltimore-based T. Rowe Price Group Inc. Yip’s firm began investing in Hyundai Motor in 2004 and held 650,612 shares on Sept. 30.

Chung is riding the surge. The value of his public stockholdings in five companies in the Hyundai chaebol was $6.01 billion on Feb. 29. The shares of his only son and heir apparent, Chung Eui Sun, 41, totaled $2.4 billion, Bloomberg data show.

In its growth drive, Hyundai Group has stirred up some investor concerns. Standard & Poor’s complained in August that Chung’s crossholdings in chaebol companies let him handpick directors. Shareholders question whether last year’s $4.4 billion purchase of Hyundai Engineering & Construction Co., which builds subways in the Philippines and power plants in Iraq, was a stroke of business acumen or a ploy to gain the upper hand in a family feud. And no one can assess how Eui Sun will perform when he becomes chairman because his father keeps him on a tight leash.

‘Total Control’

Even with these caution flags, Maryann Keller, who covered the auto industry for Wall Street firms for four decades, says one shouldn’t count Hyundai out.

“Nobody should underestimate Chung,” says Keller, who’s now an independent consultant in Stamford, Connecticut. “He has total control, and he’s determined to use great design and leading-edge technology so he won’t get left behind.”

Ultimately, Chung may do in cars what Korea’s No. 1 chaebol, Samsung Group, has accomplished in televisions: push Japanese rivals into decline, says Kei Nihonyanagi, a Barclays Capital analyst in Tokyo. From 2004 to 2010, Sharp Corp. and Sony Corp. cut their LCD TV prices by almost two-thirds to match Samsung, Nihonyanagi says.

“The key management issue for Japanese automakers is to again surpass Hyundai in cost and quality,” he says.

‘Japanese Were Complacent’

Mazda Motor Corp. Chief Executive Officer Takashi Yamanouchi knows the Hyundai juggernaut. He says the Japanese underestimated Chung and then further lost out when the yen strengthened 27 percent against the dollar from Lehman’s demise to March 1. That meant they couldn’t block Hyundai with low prices.

“As Hyundai came out with high-quality products, the Japanese were complacent,” Yamanouchi says.

Volkswagen AG CEO Martin Winterkorn praises Hyundai for doing what his company can’t. In a video that’s gone viral, Winterkorn was filmed in September seated in Hyundai’s i30 hatchback at the Frankfurt Motor Show and lauding the adjustable steering column.

“Nothing rattles,” he says. “Why can they do it? BMW can’t. We can’t.”

‘Stop the Koreans’

The ever-ambitious Chung is making a run at Bayerische Motoren Werke AG, the world’s top luxury-car seller. At the Chicago Auto Show in February, the company showed off a concept car that hints at its strategy for building a direct competitor to the BMW 3-Series, the top-selling premium compact. The Kia GT features a low-slung front end and a 3.3-liter V-6 engine generating 390 horsepower — just 40 hp less than the 6.2-liter V-8 in Chevrolet’s base-model Corvette.

Hyundai’s Genesis sedan comes with a 3.8-liter, 333-hp V-6, an eight-speed automatic transmission and a $34,200 price tag. Similar models from BMW and Daimler AG’s Mercedes cost at least $5,000 more.

“Genesis has taken away enough buyers from other brands to establish Hyundai as a real player in the luxury market,” says Alexander Edwards, president for automotive research at San Diego-based Strategic Vision Inc. “In five years, if history is any guide, BMW and Mercedes could be asking, ‘How are we going to stop the Koreans?’”

Fuel Cells

Hyundai is already challenging Daimler — the inventor of the first mass-produced internal combustion engine 127 years ago — in an area where the German company claims leadership: fuel cells. By the end of 2012, Yang Woong Chul, vice chairman for research, expects Hyundai to produce 2,000 fuel-cell vehicles a year at about $100,000 apiece, or twice the price Toyota plans to charge when its cars come out in 2015. Hyundai could match Toyota’s price by 2015, when production could grow to 20,000, he says.

As recently as 2005, Honda Motor Co. said it was spending $1 million for hand-built fuel-cell prototypes. Yang predicts costs will decline to less than $50,000 as production increases. If he’s right, and if governments support fuel cells with hydrogen-pumping stations, they could become the first full- blown replacement for internal combustion engines.

Christian Mohrdieck, Daimler’s director for fuel-cell development, says his company confirmed its fuel-cell supremacy with 18,600-mile, four-continent test drives last year.

“If we didn’t do anything on fuel cells or hybrids, then you may imagine our company just makes reliable cars,” Yang says. “We don’t want to remain that way. We like to be a technically innovative company.”

Helicopter to Dangjin

Chung, a vigorous septuagenarian who has been test-driving fuel-cell prototypes, sets a pace that keeps Hyundai hopping. He arrives at the 21-story twin-towers headquarters at 6:30 most mornings, prompting executives to rush to their desks by 6:20. Salarymen, the middle managers in gray or black sweaters, leave after sundown.

Engineers feel pressure 6,000 miles away in Costa Mesa, California. Erwin Raphael, director of engineering and quality at Hyundai Motor America, says his department responds almost daily to queries from Chung and other executives about existing or potential problems. In a similar Chrysler job, Raphael heard from top management once or twice a quarter, he says.

Chung personally heads monthly quality reviews with senior executives — and sets high expectations.

“Every engineer, any quality problem they have, they have to bring it up in front of the chairman,” Yang says. “They have to come with solutions.”

‘Like a Tank’

When Hyundai Steel Co., the sister company that supplies metal for a third of Hyundai vehicles, was building three blast furnaces, Chung supervised. He took a helicopter 40 miles to Dangjin three or four times a week to oversee the $8 billion effort, says Cho Won Suk, senior executive vice president.

On a smoggy January afternoon in Dangjin, ore carriers from around the world line a dock on the Asan Bay. Conveyor-borne buckets drag out iron, coal and limestone. Blast furnaces tower like 20-story Thermos bottles. Trucks with steel for Chung’s cars rumble through the gate.

Chung is reprising the strategy of Henry Ford, another innovator who owned the steps of production. Without furnaces, Hyundai would be at the mercy of Posco, Korea’s largest steelmaker, and of a fluctuating won that could make importing expensive, says Kim Gyung Jung, an analyst at Eugene Investment & Securities Co. in Seoul.

“He’s like a tank,” Kim says. “His insight is very strong.”

In the Pines

Key ingredients of Hyundai’s strategy are on display among the pine forests of the American South.

Here, Hyundai imports components from Asia and snaps them together with low-wage firms, including chaebol member Hyundai Mobis, the world’s No. 8 automotive supplier. With 2,650 workers making 1,370 cars each day, the Montgomery, Alabama, Hyundai Motor plant has the highest productivity of any North American vehicle assembly factory, an entrance-hall banner citing Harbour & Associates announces. Ron Harbour, president of the Harbour & Associates unit of Oliver Wyman, declined to comment.

At nearby Hyundai Mobis, some 1,000 workers build chunks of cars called modules — a chassis with suspension and brakes or a cockpit with a steering wheel, an air conditioner and air bags. A quarter of the value of Hyundai vehicles is tied up in the modules, more than at any competitor, senior production control manager Chung Daero says.

Cleaning Up

On a December afternoon, Mobis trucks loaded with modules head to Hyundai Motor every few minutes. Robots deliver them to assembly lines and fit them into partially built vehicles without human contact.

Mobis saves Hyundai money by paying workers $11 an hour to start, compared with $15.50 at Hyundai Motor, 11 miles away.

After importing chassis components from Korea and radios from China, 34 percent of the value of Elantras sold in the U.S. originates in the U.S. or Canada; Toyota’s Avalon leads the industry at 85 percent from those two countries.

At the Kia plant in West Point, Georgia, gray buildings sprawl for almost a mile along Interstate 85. Inside, workers use forklifts, robots and stamping presses from Chung’s companies to build sedans and SUVs. Brooms with employees’ names rest near posters that say “Cleanliness is the first step to zero defects.”

Veloster Frenzy

Hyundai demands such attention to detail in its 20 assembly plants worldwide. It also requires workers to adjust on the fly. In the 1970s, special Toyota teams labored for months to save workers incremental steps between tasks on assembly lines. Hyundai, in comparison, leans toward frenetic re-engineering. That approach paid off last year, when Hyundai introduced a non- hydraulic dual-clutch transmission on the $18,060 Veloster hatchback.

Ford Motor Co. had already selected the same transmission and then tumbled in Consumer Reports’ reliability survey because of jerky shifting at low speed.

Alarmed, two dozen Hyundai engineers began reprogramming onboard computers that control gear shifts, Raphael says. They worked around the clock for three weeks straight before the Veloster went on sale, accomplishing up to 18 months of normal development. Shin Jong Woon, the automaker’s quality vice chairman, got daily reports and test-drove modified cars.

By January, Velosters were selling so fast that Hyundai had a 13-day supply compared with the industry average of 34 for all 2012 models, according to automotive website Cars.com.

On a grander scale, Hyundai is shaking up notions about management and governance. And, along with Samsung, it’s evolving a form of capitalism that blends the competition of the West with the government backing of Asia, notably China.

Rich and Glorious

For decades after World War II, U.S.-style capitalism — rooted in private enterprise and lightly regulated markets — towered over the world economy. In 1989, as the Berlin Wall fell and the Dow Jones Industrial Average embarked on an 11-year climb that quintupled its value, economist John Williamson of the Institute for International Economics dubbed the embrace of free-market economics the Washington consensus.

Even as Williamson spoke, a competing system was taking hold in Asia. In 1992, a quote attributed to Chinese leader Deng Xiaoping — “To be rich is glorious” — helped unleash long- dormant potential. By 2004, China’s economy was growing 9.5 percent annually, almost triple the U.S. pace.

At the Foreign Policy Centre in London, journalist Joshua Cooper Ramo coined the phrase Beijing consensus. He chronicled China’s willingness to experiment with private property and free enterprise to the extent the regime’s need for political stability would allow.

Korea’s Path

Korea navigated its own distinctive path, says Yasheng Huang, a business professor at Massachusetts Institute of Technology’s Sloan School of Management.

Beginning in the 1950s, a succession of presidents showered cheap financing and favorable tax policies on Hyundai and the other chaebols they chose as cornerstones of national growth. Hyundai Group founder Chung Ju Yung used a government-sponsored loan to buy 82 acres (33 hectares) in the southeastern city of Ulsan for what is now the world’s largest automotive assembly plant.

Government support continues today. In the past two years, South Korea signed free-trade agreements that eliminate tariffs on automotive exports into the U.S. and European Union. Japanese automakers still pay tariffs of 2.5 percent into the U.S. and 10 percent into the EU, Yamanouchi says.

Unlike its Chinese counterparts, Hyundai was determined to export, forcing the company to hone its skills head-to-head with entrenched competitors like GM in their home market.

“Export meant you were operating in an extremely competitive environment,” Huang says.

‘Top-Down Management’

Hyundai also copied the Japanese, says John Shook, chairman of the Cambridge, Massachusetts-based Lean Enterprise Institute, which consults on efficiency. The Chinese, in comparison, were slow to export or establish global brands; the U.S. and Japanese were buffeted during the recent recession, he says.

“State capitalism, or the support they receive from Korea’s government, is part of the Hyundai story,” Shook says. “Their top-down management system has obvious advantages in terms of speed.”

Some investors say Korea’s capitalism needs more Western- style governance and transparency.

Kim Byung Kwan, an analyst at Mirae Asset Securities Co. in Seoul, worries about Chung’s purchase last year of Hyundai Engineering.

Coffee Shops

“We’re concerned about Hyundai buying companies that really don’t affect its core motor business, because we don’t know what they’re going to buy next,” Kim says. Affiliates of Kim’s company, including Mirae Asset MAPS Investment Management Co., owned 595,428 Hyundai Motor shares on Sept. 30.

As presidential politics heat up before the December election, Koreans are questioning whether chaebols have too much clout and whether their ties to government are too strong. At Hyundai, a Seoul court in 2007 convicted Chung of selling chaebol securities to his son at below-market prices. First, the elder Chung received a three-year suspended sentence. Then in 2008, Korean President Lee Myung Bak, a former Hyundai executive, pardoned him.

Last year, a company for which Chung’s eldest daughter, Chung Sung Yi, acts as an adviser set up coffee shops in Hyundai headquarters and at a company-owned resort. Some Koreans blasted Hyundai for nepotism and crowding out entrepreneurs. President Lee in January asked all large conglomerates to respond to such grievances. Hyundai will run the shops as nonprofits, spokesman Frank Ahrens says. Chung was unavailable to comment for this story, Ahrens says.

‘Complex Group Ownership’

Standard & Poor’s complained about governance in August.

“Hyundai operates under a complex group ownership structure, and Chung wields disproportionately strong control,” Sangyun Han, an S&P analyst in Hong Kong, wrote.

The interlocking companies include Hyundai Motor, which owns 34 percent of Kia. Kia, in turn, owns 16.9 percent of Mobis, the parts company, which owns 20.8 percent of Hyundai Motor. Because the companies essentially control each other, no outside shareholder is strong enough to name board members. That means Chung controls Hyundai Motor’s board even though he holds just 5.2 percent of the stock, Han says.

Han says crossownership is one reason S&P hasn’t moved faster to boost the automaker’s debt rating from BBB, or two steps above junk. He pointed to the Hyundai Engineering purchase to illustrate what he calls undisciplined financial policies.

‘May Not Help Shareholders’

After Chung won the company by outbidding his brother’s widow in a duel played out in Korean headlines, he promised to invest $8.9 billion to quintuple sales. Han, though, says Chung may have been driven by a family rivalry rather than a clear rationale for an automaker owning a company that, unlike Hyundai Steel, plays only a small role in making cars.

“There’s not a lot of transparency, which makes it hard to track motivations of management,” says Rolf Kelly, an analyst at Thornburg Investment Management Inc. in Sante Fe, New Mexico, whose company owned 2.5 million Hyundai Motor shares on Nov. 30.

The purchase may be a good investment, Kelly says. “But there’s obviously some interest in propping up family companies,” he says. “This may not help shareholders.”

Chief Operating Officer Kim Seung Tack says family management makes it easier to reach decisions and invest for long-term goals, like fuel-cell research, instead of short-term profits.

Pushing Eui Sun

Han questions what will happen when Chung steps down or dies. Even though Eui Sun was Kia president from 2005 to 2009 and is Hyundai Motor vice chairman, investors can’t assess how he’ll perform because his father’s lieutenants always assist him, Han says. Chung, who had a difficult relationship with his own father, pushes Eui Sun to get him ready, Yang says.

“To lead this big, big group, the son cannot be treated better or mildly,” he says.

Eui Sun, who holds an MBA from the University of San Francisco, is starting to take the stage with English-language speeches at auto shows. In private, though, he refers to his father as chairman, a person who knows him says.

“There’s instability in management in the sense it’s highly dependent on one strong figure,” Han says. Eui Sun declined to comment for this story.

Yang, who joined Hyundai from Ford in 2004, says hard work drives Korean society.

“We put the highest priority on the company,” he says. “Second is family. Third is me. In Western countries, it’s the other way around.”

‘More Pressure’

Even after Chung said in January that expansion would slow this year, employees haven’t relaxed, Yang says.

“We have to make 6.5 million vehicles with the quality of a BMW or Mercedes,” he says. “It’s giving us more pressure.”

That pressure boiled over on Jan. 8. An engine plant employee named Shin Seung Hoon in Ulsan set himself on fire and died. The Hyundai Motor Workers Union says Shin became distraught after making the one complaint Hyundai least wanted to air publicly — that his bosses were pushing him to stop protesting poor quality.

COO Kim blames labor unrest on social ills rocking Korea, including a growing gap between rich and poor. He says union leaders aren’t making better progress because they’re busy promoting political candidates.

“Sometimes they do not represent employee concerns like fringe benefits or working conditions,” he says.

Long Hours

Union spokesman Kim Gi Hyuk says members agitate for change because Korea’s government is dedicated to helping corporations make bigger profits — an area where Korean capitalism may hurt workers.

“This causes employment instability, long working hours and low wages,” he says.

Koreans worked 2,193 hours on average in 2010, the Organization for Economic Cooperation and Development found. That compares with an average of 1,778 in the U.S. and 1,419 in Germany.

Chung, in his January address, warned of tougher competition ahead. GM sold 9.03 million vehicles last year, enough to reclaim its No. 1 global sales ranking. Net income soared to $9.19 billion, the most in its 103-year history. Toyota expects a 21 percent sales increase during 2012.

As Chung spoke, he displayed small signs of fallibility. He slurred a few words slightly and didn’t correct himself after announcing a 2012 sales target of 700,000 vehicles when he meant 7 million.

By the time Eui Sun takes over, Chung may have completed a 100-story chaebol headquarters he’s planning along the Han River. Hyundai may have gained recognition as a leader in fuel- cell technology for the 21st century.

What would remain for Eui Sun is to harness the Korean- style capitalism that his grandfather and father helped invent, even with Toyota and GM poised to roar back.

To contact the reporters on this story: John Lippert in Chicago at jlippert@bloomberg.net Alan Ohnsman in Los Angeles at aohsman@bloomberg.net Rose Kim in Seoul at rkim76@bloomberg.net

Costa Concordia Black Box Features as Pre-Trial Begins

Friday, March 9th, 2012

Costa Concordia Black Box Features as Pre-Trial Begins

March 3 (Bloomberg) — An Italian judge will order the examination of the Costa Concordia’s black box today in the first pre-trial hearing into the cruise-ship wreck that killed at least 25 people.

Judge Valeria Montesarchio will ask court experts to use digital recordings to ascertain the “actual dynamic of the accident,” according to court documents. The hearing, which is not public, starts at 9:30 a.m. in the Tuscan city of Grosseto. Recordings of the black box won’t be played during the hearing, the Grosseto prefecture said on Feb. 24.

The Costa Concordia, owned by Miami-based Carnival Corp.’s Italian unit Costa Crociere SpA, hit rocks near the island of Giglio hours after leaving a port close to Rome with 4,200 passengers and crew on Jan. 13. At least 25 people died in the evacuation and seven are still missing. The company came under criticism again last week when a ship of the same fleet suffered an onboard fire and was towed for 200 miles (320 kilometers) to the Seychelles.

The Grosseto court will hold the hearing at a local theater to accommodate as many as possible of the 4,200 passengers and crew. It is open to the Costa Crociere officials under investigation, including Captain Francesco Schettino, the affected parties, their attorneys and consultants. Prosecutors requested that the hearing include the black-box recordings in the trial.

Captain Arrested

Schettino, under house arrest since Jan. 17 for allegedly causing the accident and abandoning ship, probably won’t attend, his lawyer Bruno Leporatti has said. Costa Crociere’s executive vice chairman and its head of marine operations are also being investigated, said a court official who declined to be named.

Schettino sailed too close to Giglio without authorization and didn’t follow emergency procedures, Costa Crociere, based in Genoa, said on Jan. 15. The captain said he made an emergency maneuver after hitting rocks to prevent the ship from heading out to sea and sinking, according to a court document dated Jan. 17. The black box hasn’t been damaged, Costa Crociere Chief Executive Officer Pier Luigi Foschi has said.

Leporatti has said the captain didn’t abandon the ship and wrote in a Jan. 16 statement that his actions saved many lives.

After Italian prosecutors widened their probe to include seven employees of the vessel operator, the company said on Feb. 22 it is “absolutely certain” that its staff acted correctly.

On March 1, Italy banned cruise ships from sailing within 2 miles of coastlines in “environmentally sensitive” areas.

To contact the reporters on this story: Marco Bertacche in Milan at mbertacche@bloomberg.net . Chiara Vasarri in Rome at cvasarri@bloomberg.net

To contact the editor responsible for this story: Jerrold Colten at jcolten@bloomberg.net