Showing posts with label FDI. Show all posts
Showing posts with label FDI. Show all posts

Jetihad deal finally clears FIPB, but still has long way to go

by Devesh Agarwal

The 24% stake sale by India's Jet Airways to Abu Dhabi's Etihad Airways has been finally cleared by India's Foreign Investment Promotion Board (FIPB), albeit with conditions, after the share holder agreement (SHA) was changed to incorporate the apprehensions of the government of India.

One of the conditions imposed by the FIBP requires prior Government approval before making any changes in SHA. The revised SHA also calls for arbitration under Indian law and not English law as earlier proposed.

The Jet Airways board of directors will have 12 members. Promoter Naresh Goyal with 51% shareholding, post the sale, will have four representatives. Etihad which has less than half of Goyal's holding, 24%, will have two with the right to nominate the Vice Chairman, and there will be six independent directors, all Indians. As Chairman Goyal will also have veto power, though one has to see how he will use it.

A revised Commercial Cooperation Agreement (CCA) has also been submitted and approved, as it says the principal place of business would be Mumbai. Plans for shifting, operations, revenue, and network functions to Abu Dhabi have been scrapped.

Jet has already sold its London Heathrow slots to Etihad to realise desperately needed cash to lower ballooning debt levels. You can also read our initial analysis of the deal. You can also read a quick recap of the Jetihad deal time-line here.

The Jetihad deal still needs three more approvals. The Competition Commission of India (CCI) which is examining the deal, since the CCA calls for Jet to terminate existing code-share and partnership agreements on routes operated by Etihad.

Following the CCI, the deal will go to the Cabinet Committee on Economic Affairs (CCEA) since it involves a foreign direct investment (FDI) of more than 1,200 crore. After which the deal will come to the ministry of civil aviation for approval under the Aircraft Rules, 1937.
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Your opinion: Question of the week: Is Jet Airways too financially weak? What should existing investors do?

by Devesh Agarwal

Majority of Jet's A330 fleet parked at New Delhi's IGI airport
In what is not a very uncommon development, The Economic Times reports, India's financial markets' watchdog, the Securities Exchange Board of India, better known as SEBI, has written to the Foreign Investment Promotion Board (FIPB), the approver of FDI proposals, expressing concern on the agreement to sell a 24% stake by Jet Airways to Etihad Airways PJSC. SEBI feels that the agreement structure allows India's largest private airline by revenue, to pass into foreign hands, which is not allowed as per the existing law.

Over the last one month the deal has been question by various ministries, regulators, boards, authorities, stake-holders, and members of Parliament, amongst others. Putting aside partisan motives, one obvious fact is emerging; the agreement appears to be extremely lop-sided in unduly favouring Etihad. You can read our earlier analysis highlighting some of the lop-sided provisions of the agreement.

While the debate on these provisions continues, we want to question the financial condition of Jet Airways itself. Without doubt, the debt levels of Jet Airways are high enough to be classified as scary.

However, the question at hand is; what insight does this agreement offer in to the situation at the Indian carrier? Is the situation so dire that the promoters of Jet willing to let go of their airline for a mere $379 million? or did Mr; Hogan's team simply out-negotiate that of Mr. Goyal's?

As its possible control of Jet Airways is whittled away, by the regulators, at point would Etihad walk away from the deal? There are already rumblings, that come July 31, the first deadline for the deal, Etihad might reduce the amount of premium it is willing to pay for Jet. In which case, will Goyal still be interested?

And surely, exiting investors must be watching the scene nervously and wondering what should they do? Hold on? Or jump ship?

Share your thoughts via a comment.

Disclosure: Devesh Agarwal is a shareholder in Jet Airways.
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Analysis: Will Jetihad lop-sided deal favouring Etihad be corrected or be an eye-wash?

by Devesh Agarwal

Last week's deferral by the Foreign Investment Promotion Board (FIPB) of the proposal of Abu Dhabi based Etihad Airways to buy a 24% stake in Jet Airways has brought to light how the middle-eastern carrier will have an equal or higher say in the functioning of Jet despite owning just 24%.

The deferral has also shed light on the lack of clarity in the government's rules with regards to permitting foreign direct investment (FDI) by airlines in Indian carriers.

The Economic Times reports, the existing shareholders' agreement between the two airlines is structured in a manner to give Etihad the upper hand in the decision making at Jet. Without giving Etihad any specific rights or veto power, by requiring approval of two-thirds majority of the board for even routine decisions, the agreement equates the 24% owning airline to the 51% owning promoter, Naresh Goyal.

In normal circumstances, under the Companies Act, 1956, two-third majority is only required in matters such as capitalisation and dividend declaration issues. Any joint management of an Indian company automatically invites additional regulatory scrutiny, like from the Securities and Exchange Board of India (SEBI).

Some of the aspects of the agreement that were questioned by the FIPB include
  • Re-location to Abu Dhabi and co-location of the network and revenue management functions of Jet
  • The vice chairman will be nominated by Etihad but no mention on nomination of chairman's post
  • If Goyal ceases to be chairman, new chairman to be nominated by the board, not selected by shareholders
  • Chairman will not have a casting vote
  • Two-thirds majority approval required for appointment and removal of CEO, independent directors, and senior management, and to pass any resolution in the board meeting i.e. for routine issues, contrary to existing law

Operational control too

Operationally too, the agreement shows how Etihad is dominating its Indian 'partner' right from the word go. The agreement stipulates that Jet will, at its expense, re-locate and co-locate its network and revenue management operations to Abu Dhabi. In the first phase functions that will shift include, international and domestic network planning, international pricing for non-India points-of-sale, and management of joint fare filing, and inventory control of the Abu Dhabi hub routes. In the second phase, all functions will shift to Abu Dhabi, including, international revenue management, domestic scheduling and pricing, international pricing for Indian points-of-sale, and inter-line pricing.

Many legal analysts feel the Jetihad deal has been constructed in this manner to afford Etihad almost complete management and operational control of Jet, while helping the middle east carrier to avoid triggering the 'takeover code'. The code is activated either when the investment crosses 25% of a company's shareholding or when the investing company gains ‘control’ of the target company. It is the definition of ‘control’ as per the Companies Act which is now becoming the bone of contention in approving the deal.

All of this is hardly surprising. Jet was in dire straits when it went around looking for whoever was willing to invest, and has acceded to virtually every condition demanded of it.

Policy confusions

Another legal issue muddling the deal is the word "effective control". The new FDI guidelines allowing for investment by foreign airlines say that 'substantial ownership' and 'effective control' should be vested with Indian nationals. There is confusion since the term 'effective control' has never been officially defined. The Companies Act, SEBI's takeover code, and the overall FDI policy, have defined the word 'control, but are silent on 'effective control'.

To prod the Jetihad deal along, the civil aviation ministry has reportedly submitted a long list of comments to the FIPB clarifying what it means by 'effective control'. A copy of this has been marked to the ministry of corporate affairs (MCA), the final arbiter of all matters related to company affairs.

For the Indian government, plagued by reforms policy paralysis, this is fast becoming a desperate situation. On one hand, to prove the progress of the few new policy reforms it has announced, it is bending almost every rule in the book, even going so far as to plan allowing foreigners to bypass FIPB approval for investment in the country. On the other hand the Jetihad deal is so lop-sided favouring Etihad, approving will set a bad precedent in law, allowing foreign companies to completely disregard the rights of Indian shareholders.

Jet is in a hard place. Its need for funds is desperate and no one can fault Etihad for trying the most bang for its buck. Even with the most intense lobbying, Jet and Etihad will need to re-work parts of the agreement to make it more palatable, but will this be a real change protecting all shareholders or just an eyewash to get this lop-sided agreement through the scrutiny of an equally desperate government?

Please share your thoughts on this subject via a comment.
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Opinion: Approving AirAsia-Tata airline will derail goals of FDI in aviation policy

by Devesh Agarwal

The announcement that AirAsia is joining hands with the Tatas and Bhatias with the intention to start a new airline in India will put the a significant policy dilemma in front of the Government of India related to foreign direct investment (FDI) in civil aviation by foreign airlines, and might just land-up derailing the goals of the fledging policy.

While the policy is not explicit, so as to avoid any problems before the Competition Commission of India (CCI), the policy is framed to help the weak balance sheets of existing India airlines, and more importantly the banks, many of them government owned, who have already loaned vast sums of money to this sector.

When the cabinet approved the policy on September 14, 2012, the press statement said
"......there has been a need to consider financing options available for private airlines in the country, for their operations and service upgradation, and to enable them to compete with other global carriers. Denial of access to foreign capital could result in the collapse of many of our domestic airlines, creating a systemic risk for financial institutions, and a vital gap in the country’s infrastructure"
Two weeks after the policy was announced, India's civil aviation minister, Ajit Singh, told the Business Standard
“We are not giving licences for greenfield airlines. As of now, FDI (foreign direct investment) in aviation can come only through existing airlines."
Indian civil aviation minister Ajit Singh.
The statements and policy are logical.

Thanks to years of regressive policies of the Indian government, and the ludicrous taxation structure, especially on aviation fuel, Indian carriers carriers' balance sheets are awash with red ink.

Air India has over $10 billion (over Rs. 55,000 Crore) in liabilities, while Kingfisher Airlines is in for over $3 billion ($16,000 Crore).

Even the country's more "financially stable" carriers like Jet Airways and SpiceJet has are stress situations with skewed financial ratios, and growth strongly hampered by a lack of capital.

With much of the money being siphoned in to Air India, and the financial implosion of Kingfisher, Indian financial institutions neither have the funds, nor the appetite, to lend any more to the airline sector. FDI is needed.

However, if foreign airlines are allowed to set-up new greenfield airlines, they need not risk investing in the existing airlines. They can start fresh, with no liabilities, benefit from not making or suffering past mistakes of operations or policy, bring in expertise and massive financial strength, and blow away the fledgling domestic sector.

We have already seen this happen in the international sector, where the government in its infinite "wisdom" required Indian carriers to operate for five years before they could fly international, while allowing even newly formed foreign carriers to operate to India, thus giving foreign carriers time to establish themselves with nil to minimum competition. Today, Indian carriers are restricted to the sidelines, while the unofficial national carrier of India is not Air India, but Emirates; with India contributing over 11% of the airline's total capacity. No small feat, considering Emirates is the world's third largest airline by seat capacity.

India's largest private carrier, Jet Airways, is negotiating with Abu Dhabi based Etihad to sell them a 24% stake for about $300 million (Rs.1,600 Crore), which is a premium considering Jet's total market capitalisation (mcap) is just Rs.4,575 Crore. Just as a comparison, AirAsia Berhad mcap is Rs. 12,842 Crore.

Jet leads Indian companies with a sky-high debt to equity ratio of 84 times, almost 1,000% of the next company in the list, or 4,300% of the 1.95 of AirAsia). Its total debt is in excess of Rs 11,030 crore. Thanks to losses over the years, the company's reserves have depleted almost 50%, thus declining equity, and leading to the increase in the company's debt to equity ratio. The airline needs to raise equity capital by inviting FDI from foreign airlines.

Earlier this week, the Chairman of Etihad, Sheikh Hamed bin Zayed al-Nahyan, delayed the deal citing concerns on policy flip-flops by the government. How will Etihad view an approval to an "India AirAsia"?

That will have to be gauged in the time to come, but, for certain, allowing foreign airlines to set up greenfield airlines will have a negative impact on the attractiveness of existing airlines, and by extension the health of their debts, and the health of the Indian financial sector.

Even as an unabashed believer in capitalism, in my humble opinion, while an "India AirAsia" will lead to lower fares and more competition, ultimately it will be we tax-payers who will be left holding the proverbial bag as the government will be forced to bailout the banks.

Allow foreign carriers to set-up greenfield airlines, but after a period of time, may be three years, for now, get them to invest in Jet, IndiGo, SpiceJet, GoAir, and if the government ever comes to a logical sensibility, Air India.

I am advocating the same approach as of Mr. Ratan Tata, a leading member of the "Bombay Club" which over 20 years ago, proposed a similar go slow approach on liberalisation.

As usual, your thoughts, comments, feedback and counter-views are welcome.

The video below is a panel discussion on FDI in civil aviation, soon after the policy announcement, from NDTV. If you cannot see it on mobile or on the RSS feed, please visit the main Bangalore Aviation website.

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Analaysis: Etihad reports full year 2012 profit; equity investments beneficial for both Etihad and partners

by Vinay Bhaskara

Etihad Airways Boeing 777-300ER -- Image Credit Etihad Airways
Abu Dhabi based Eithad Airways reported its second straight year of profitability, with calendar year 2012 witnessing a net profit of US $42 million (versus $14 million), on revenues of $4.8 billion (up from $4.1 billion in 2011). Full year EBITDAR (earnings before interest, taxes, depreciation, amortization, and rents) hit $753 million while EBIT (earnings before interest and taxes) was $170 million.

Strong expansion helped fuel Etihad’s successful performance, even as they dealt with local headwinds including continued demand softness in the Middle East and North Africa due to political instability, and a decrease in Iranian demand due to runaway hyperinflation causing decreased purchase power. Moreover, global business travel demand registered weak growth overall thanks especially to a declining European market. However, Etihad (and its so-called Middle East Big 3 [MEB3] rivals Qatar Airways and Emirates) persevered through these headwinds and continued on a path of robust expansion.

For the year, passenger traffic as measured by revenue passenger kilometers (RPKs) grew 23% to 48 billion year over year, while capacity as measured in available seat kilometers (ASKs) grew 20% to 61 billion. These contributed to a 2.4 percentage point increase in load factor from 75.8% to 78.2%. The carrier added 6 aircraft to its fleet which now includes 70 aircraft serving a network of 86 passenger and cargo destinations. Revenue passengers carried crossed the 10 million passengers mark for the first time, 10.3 million to be exact.

Freight loads, as measured in metric tons, recorded a robust 19% growth to 367,837; bucking the global trend of declining cargo volumes. The carrier also reported a decline in non-fuel cost per available seat kilometer (CASK – the most reliable indicator of an airline’s cost discipline) of more than 5%. While fuel prices remained volatile throughout the year, Eithad used a strong program of fuel hedging (more than 80% of total use) to offset that volatility.

Said Etihad President and CEO James Hogan about the quarterly results:
We understand how to manage costs without compromising our innovative product and outstanding service experience….We have delivered improved net profit, the second consecutive year we have been in the black, a remarkable achievement given the youth, ambitious growth and ongoing investment made by this airline in a challenging global economic environment… And we have met our mandate of contributing to the economic development of Abu Dhabi, growing its aviation sector and building trade and tourism connections across the globe.
Etihad CEO James Hogan (left) and CFO James Rigney
(right) - Image Credit  Etihad Airways
An important contributor to Eithad’s success in 2012 was its quasi-alliance of partner airlines, all of whom Etihad has invested in. This so called ‘equity alliance’ is comprised of Etihad investments in Air Seychelles (40% stake), airberlin (29.21%), Virgin Australia (9%) and Aer Lingus (2.987%).

According to Etihad, these investments and the resultant code shares have already played a vital role in Eithad’s finances. Equity and code share partners transferred more than 1.2 million passengers onto the Etihad route network, with airberlin in particular transferring 300,000 passengers, which drove $130 million in joint revenue synergies.

The model in which Eithad’s equity partners transfer certain long haul traffic flows through Abu Dhabi to Etihad while focusing on regional opportunities and long haul traffic flows not viably served via Abu Dhabi appears to have paid dividends. Aer Lingus just reported record quarterly and annual profits, while airberlin appears to have stabilized financially and recently launched a trans-Atlantic expansion. Similarly, Virgin Australia has displayed a renewed focus on the Australian domestic, trans-Tasman, Asian, and trans-Pacific markets where it is challenging a weakened Qantas  for lucrative business travelers and frequent flyers.

All of this takes on especial importance when one considers the increased likelihood that Etihad will take an equity stake in India’s largest private carrier Jet Airways under the new foreign direct investment (FDI) regime that allows foreign airlines to invest in the Indian airline market. While the vagaries of such an investment can be analyzed once the deal is finalized and officially announced.
Hogan had this to say about a potential investment in Jet Airways. "We are doing our due diligence (on Jet Airways) in the next week. We will present it to our board and take it from there.”

He also explained a visit with senior ministers in India “We wanted to understand the new rules under the Foreign Direct Investment (FDI) scheme. We also wanted to understand the issues that have impacted Indian domestic aviation and how these are being addressed in the coming years.”

Suffice to say that the experience of other carriers shows that an Eithad investment would not necessarily be detrimental to Jet’s financial health as many in the Indian media and aviation community fear. Rather, a hybrid model for Jet Airways’ international network could be developed to build off of the synergies offered by Etihad.

Kudos to Etihad for a very successful 2012 and for its incredible development. In 2006, Etihad was a $750 million a year business serving primarily regional traffic. Today, just six years later, it has become a global powerhouse; a $5 billion dollar a year powerhouse that serves intercontinental traffic flows. And with each passing year of profitability Etihad helps prove wrong the skeptics who doubted the viability of the MEB3 (and Turkish) business model.


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Indian aviation 2012 review Part 1: Overall trends

by Vinay Bhaskara

This is part 1 of our 2012 review of Indian aviation. Part 2 will come next week with a carrier by carrier review of  2012 in Indian aviation. 

When the story of Indian commercial aviation in 2012 is told, the overarching narrative across almost the entire industry will be one of cautious optimism (though Kingfisher Airlines obviously belies this trend). But the theme I’d rather focus on is capacity discipline, or rather the change that single handedly catapulted the Indian airline market back to some semblance of normality. If you remember my 2011 reviews for US and Indian aviation respectively, one of the biggest themes was how capacity cuts pushed the US airline industry to steady profitability, while the Indian airline industry added to much capacity and commensurately reported record losses.

It’s incredible how simple the airline industry can often be; it really boils down in many cases to the simple supply-demand equation. Match supply to demand and price accordingly; control supply to raise prices when your costs increase and you can maintain profits. This is basic microeconomic strategy yet the tendency in the airline industry has always been to chase market share at the expense of profitability.

The specific numbers are particularly heartening. Since March of 2012, monthly capacity growth in the domestic Indian market has not crossed 3% except in May after averaging more than 12% over the previous 20 months. And in the last part of the year, capacity actually decreased sharply, falling to -7.0% in October 2012, and -5.9% in November 2012.

It is important to note that all of this was sparked by the demise of Kingfisher, which had already pulled lots of capacity out of the market before its shutdown. While some mourn the loss of an airline that dared to dream big (and indeed there will be plenty of time to eulogize in 2013), I say that it was a necessary sacrifice insofar as much as the goal was to ensure a viable and sustainable airline industry.
While this process has certainly raised fares in the short term, I’d argue that that is good for the Indian market, in the sense that it will drive long run sustainability. Any unreasonably high fares are obviously bad for the consumer, but the flip side is that fares need to reflect the cost of operation, and through most of 2011 and into 2012, they just weren’t doing so.

The stabilization of fuel prices is another key contributor to the stabilization, if not quite success, of Indian airlines. Over the course of the year, rising oil production from unconventional sources and the easing of tensions in the Middle East after the Arab Spring have pushed the price of a barrel of oil (West Texas Intermediate measure) down to around $90 per barrel, where it has stabilized. While this has not reduced costs any versus 2011, the stabilization has at least bought the Indian carriers some time to reorganize their operations to operate in a high cost environment.

It is interesting to note that the Indian carriers face many of the same challenges as the broader economy. As economic growth slows to an anemic (by BRIC standards) 5-6%, the demand for air travel will continue to soften, not in the least because discretionary purchases like air travel are often among the first cutbacks made by consumers during economic slowdowns. Whether or not this derails the shoots of positivity amongst Indian carriers depends a lot on the government, more specifically the Ministry of Civil Aviation.

2012 was a good year in the Indian government’s management of aviation. The primary achievement of course, was the approval of foreign direct investment (FDI) by foreign airlines, as well as several other smaller rule changes that made the operating environment slightly more conducive to India’s airlines. (The move to end required flying to Northeast states early this year is also very beneficial).  But the main goals for India’s government in 2013 should be to reform the convoluted and confiscatory fuel taxation structure which has been crippling Indian aviation. A reduction in fuel taxes as well as unification under one single national tax combined with reduction in the sometimes exorbitant airport fees charged by places like Delhi Airport (which are hurting traffic growth beyond the existing economic slowdown) would be a very good agenda for the Ministry of Civil Aviation in 2013.

Turning back to FDI, whether or not Etihad buy a stake in Jet Airways in the near term, the clash around FDI in Indian aviation mirrors a broader question that pervades Indian aviation, and even the economy. At some point, India will have to decide whether it wants to let foreign carriers have expanded access and control over the market, or continue to support the Indian airlines. The former option can take two forms, first through direct investment, but also through expansion of bilateral capacity for carriers like Emirates, who has hit its 54,000 seat bilateral capacity limit. And the question is really something that the Indian people will have to make a decision on in the near future.

Basically, the choice lies between two paths. The first is to give foreign carriers near complete access to the Indian market. This would drive significant traffic growth, expanding affordable air travel to the growing middle class. However, this option would likely preclude the development of a robust Indian airline industry. So the question for India moving forward is, would it rather maximize the air service provided to its citizens at a quality price, or strategically opt for a strong aviation sector. My personal preference is towards economic growth, which is best achieved by maximizing aviation growth and lowering prices, but it is really a question for the broader Indian citizenry to decide.


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Big Bang Friday - Indian cabinet clears foreign direct investment (FDI) in the civil aviation sector

This has been an interesting week for civil aviation in India.

Last Saturday saw the much delayed arrival of Air India's first Boeing 787 Dreamliner at New Delhi. The national carrier had taken delivery of VT-ANH just two days earlier. See a video of the 787 being assembled.

Very early, yesterday morning, September 13, saw the arrival of the new Boeing 747-8i as German carrier Lufthansa upgraded its Frankfurt Bangalore route to the new aircraft type, which features its great new business class. Bangalore is the third destination in the world behind Washington Dulles and New Delhi, for the latest avatar of the Queen of the Skies. See a photo of the water cannon salute. Read our review of the new business class.

Just a little while earlier, India's Cabinet Committee on Economic Affairs (CCEA) has approved the proposal to permit foreign airlines to make investments, up to 49 percent, in Indian carriers.

The press release from the Government of India says
The Cabinet Committee on Economic Affairs has approved the proposal of the Department of Industrial Policy and Promotion for permitting foreign airlines to make foreign investment, up to 49 percent in scheduled and non-scheduled air transport services.

Removing the existing restriction on investment by foreign airlines would assist in bringing in strategic investors into the civil aviation sector. Higher foreign investment inflows are necessary at the present juncture, in order to strengthen the sector. Introduction of global best practices, concomitant with the induction of FDI from foreign airlines, is expected to lead to higher service standards, international best practices and induction of state-of-the-art technologies, in the air transport sector.

Until now, foreign airlines were allowed to participate in the equity of companies operating cargo airlines, helicopter and seaplane services, but not in the equity of an air transport undertaking operating scheduled and non-scheduled air transport services. The Government has now permitted foreign airlines to invest, under the Government approval route, in the capital of Indian companies operating scheduled and non-scheduled air transport services, up to the limit of 49 percent of their paid up capital. The 49 percent limit will subsume FDI and FII investment. The investments so made, would need to comply with the relevant regulations of SEBI, such as the Issue of Capital and Disclosure Requirements (ICDR) Regulations / Substantial Acquisition of Shares and Takeovers (SAST) Regulations, as well as other applicable rules and regulations. Such investment would further be subject to the conditions that:
  1. A Scheduled Operator’s Permit can be granted only to a company:
    1. That is registered and has its principal place of business
      within India,
    2. The Chairman and at least two-thirds of the Directors of which
      are citizens of India, and
    3. The substantial ownership and effective control of which is
      vested in Indian nationals.
  2. All foreign nationals likely to be associated with Indian
    Scheduled and Non-Scheduled air transport services, as a result of such
    investment, shall be cleared from security view point before
    deployment, and
  3. All technical equipment that might be imported into India, as a
    result of such investment, shall require clearance from the relevant
    authority in the Ministry of Civil Aviation.
The issue of permitting FDI by foreign airlines in the equity of an air transport undertaking operating Scheduled and Non-Scheduled air transport services has been under consideration of Government for some time. There has been a need to consider financing options available for private airlines in the country, for their operations and service upgradation, and to enable them to compete with other global carriers. Denial of access to foreign capital could result in the collapse of many of our domestic airlines, creating a systemic risk for financial institutions, and a vital gap in the country’s infrastructure.

The total FDI inflows into the air transport sector, during January, 2000 – April, 2012, were US $ 434.75 million, constituting only 0.25 percent of the total FDI inflows into the country.
The three airlines most likely to benefit from this decision are Kingfisher, SpiceJet and GoAir. Jet and IndiGo may also gain. A spokesperson for Kingfisher said
"We are very pleased that the Government has decided to allow foreign Airlines to invest upto 49% in the equity of Indian scheduled Airlines. This will open up a wide range of opportunities for both Indian carriers and foreign carriers who wish to participate in the strong growth potential for Civil Aviation in our Country. Kingfisher will now be able to re-engage with prospective Airline investors in a more meaningful manner and move towards re-capitalization and ramp up of operations."
A statement from Jet Airways said
"We welcome any policy initiated by the Government of India."
A spokesperson from Lufthansa said the German carrier has no plans to invest in India. SpiceJet and GoAir did not issue any statement to us.

It is important to observe the FDI will not be through the automatic route. Each investment proposal with have to be 'cleared' by the Ministry of Civil Aviation and the Foreign Investment Promotion Board (FIPB). So one can expect at three to four months for any proposal to come through. Any guesses why this route has been chosen?

The airline that is on everyone's lips is Kingfisher Airlines. There appear to be two possible suitors for Kingfisher. Either IAG (International Consolidated Airlines Group, S.A., the British-Spanish holding company of British Airways and Iberia). The second could be Etihad. Both of them would look to using the Kingfisher domestic network as a feeder service for their international routes ex India or ex Abu Dhabi.

The latter looks like a more likely choice. Etihad has deep pockets, has been busy investing in airlines across the world, has growth ambitions to match up with its cousin Emirates, and has significant under-utilisation of its bi-lateral rights with India.

Whoever invests in Kingfisher, will surely move Vijay Mallya out of control of the airline. At best he would be the titular figurehead, a Chairman. With the enormous debt load of the airline, and the hanging Damocles sword of corporate guarantees from his other companies, and himself personally, Dr. Mallya does not have too much room to manoeuvre.

While foreign airlines can officially invest up to 49%, it is common practice for foreign companies to buy the balance 1.01% of shares to gain a controlling interest, via an intermediary.

The rumour mill has it that Qatar Airways is in talks with SpiceJet. The unknown right now is GoAir. The airline has been quietly growing and is independently operationally profitable i.e. without income from sale and lease-back. Next week we are publishing the very interesting interview we had with GoAir CEO Giorgio De Roni.

The interesting times still continue. Stay tuned for more, and as usual comments are welcome.

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How India's airline market lost its way

The following was posted as a guest post over at The Wandering Aramean, a great travel blog written by Seth Miller which also doubles as a travel tool site. Be sure to check his site out, and stay tuned, as we will have some guest content from him this week.

When India’s Jet Airways, Kingfisher Airlines, and SpiceJet all recently reported large net losses for Fiscal Year 2012 on the heels of Kingfisher’s steep downsizing in February and March, it came as a surprise to many people around the globe who considered India, and its burgeoning airline industry, one of the world’s greatest success stories. But as with India’s economic growth story (GDP growth in the first quarter of 2012 was a (relatively by Indian standards) anemic 5.3%), beneath the shiny veneer lies a tottering industry that must take drastic steps in order to ensure its future. But before one can explore the solutions to these issues, it is helpful to look at what exactly created the problems.
Any attempt to assign the collective failure in the Indian airline market to one specific reason is highly disingenuous; it took a special confluence of factors to create this mess. Some of the major factors are outlined below.
Lack of Capacity Discipline
The single biggest factor in the struggles of Indian airlines is their inability to properly manage capacity. It is said that the US airline industry, once a global loss leader, returned to profitability by following the “three Cs”: capacity cuts, consolidation, and charging for everything. But in India, the second and third clauses do not apply, and airline strategy planners have essentially ignored the first one.
To be sure, India’s aviation sector is growing at a robust pace. Demand measured in RPKs for domestic travel has averaged around 10% since April of last year. But India’s airlines have gone above and beyond this demand growth, adding capacity at exponential rates even as losses continued to mount. The graph below shows that for 9 out of the past 12 months, capacity growth in India far outstripped growth, a trend that has only recently begun to reverse as India’s airlines become increasingly cognizant of their dire financial situation and Air India and Kingfisher continue to shed domestic capacity.
image
And to a large degree, the laws of supply (capacity) and demand have driven India’s losses. Standard supply/demand analysis tells you that when you increase the supply of something faster than the demand for that product is increasing, the price will then drop. What made the problem particularly acute was that this occurred right as there was a rise in fuel prices; the single largest input into the air travel product. Thus in effect, Indian carriers were driving down prices for their own products right as the price required for them to make money was appreciating. It’s not hard to see how this situation would cause an acute worsening of financial results.
Fuel
As was mentioned above, fuel prices were a killer for the Indian aviation market. From early 2010, fuel prices grew by more than 40%, lulled for a little bit in early 2011, before pushing back upwards again to $105/barrel (West Texas Intermediate). For India’s airlines, this rise in fuel prices was nothing short of disastrous, as it completely eroded their profitability (at India’s publicly traded carriers, the appreciation in nominal fuel costs was larger than the change in financial result – the loss could be primarily attributed to the sharp jumps in fuel costs. Domestic flying in India has razor thin margins during even low-oil periods, during a time of high fuel costs, profit margins quickly swing to loss ones.
image
And the problem is particularly troubling for India’s airlines thanks to a peculiarity of the market. Fuel composes between 40 and 50% of operating costs at all of India’s major airlines, higher than the figures at most major world carriers (those with older fleets typically spend somewhere in the mid 30s percentage wise on fuel, while LCCs and other carriers with younger fleets typically have fuel spend in the low 30s. The underlying reason for this cost disparity is Indian government policy.
Government Policy Failures
The policies towards jet fuel of the various levels of Indian government are a huge drag on Indian fuel costs. The tax burden on aviation turbine fuel (ATF) in India is sky high, nearly 35% on average. The problem starts at the national level where there is a double digit import duty on ATF. That’s then compounded on a state level by sales tax on the ATF that ranges from 3-4% in states like Tamil Nadu, to more than 20% in Karnataka. In addition to being an exorbitant levy, the state level ATF sales tax drives scheduling distortions, because the rates in two neighboring states can be widely disparate, making it more cost efficient for airlines to fly extra sectors and load fuel at airports. This adds extra time cost, delays, and congestion to the Indian air travel system. To give a specific example, Bangalore and Hyderabad are two cities in South-Central India, 283 miles apart. However, the sales tax on ATF is more than 15 percentage points lower in Andhra Pradesh (home to Hyderabad and incidentally, my ancestral home as well) than it is in Karnataka (home to Bangalore). Now most airlines with flights that terminate in Bangalore (given the relatively short distances involved in India’s domestic air transport system) will still have some fuel left over. What these airlines do, is instead of refueling entirely in Bangalore, they’ll only refill to the bare legal minimum before flying the short hop over to Hyderabad, where they refuel the entire tank. Then the aircraft will be re-routed into the airline’s system ex-Hyderabad, or in a lot of cases, flipped right back to Bangalore with a nearly full tank where it can fly routes to another Indian destination.
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Beyond the problems with fuel, Indian government policy has failed the market in a broader sense, through misguided aviation regulations. The two most important are the prohibition of direct investment by foreign airlines, and
The Prohibition of Foreign Direct Investment and the 5 Year Rule
While India’s government finally appears to have approved 49% foreign direct investment (FDI) by foreign carriers in Indian airlines, the move might be too little too late. During the past year and a half, India’s airlines, especially Kingfisher Airlines, suffered from a lack of liquidity. While a lack of profits might have scared away normal investors, airlines are usually willing to accept a somewhat lower return on investment (ROI) in other airlines. For Kingfisher especially, inadequate funds might have been their biggest problem. In a vacuum excluding all interest and finance charges last year, Kingfisher’s financial results weren’t all that bad; and could have even been sustainable in the short term. And given the growing importance of India to the global airline system (especially amongst the alliances), it is likely that pre-crisis Kingfisher could have gotten access to the funds that it needed, perhaps from its future oneworld partners. And in a general sense, more liquidity for the Indian carriers would have boosted profitability across the market as a whole.
The 5 year rule meanwhile precludes Indian carriers from running international operations until they have been operating for five years (pretty self explanatory). While the explicit rationale behind this rule is ostensibly for safety reasons, the underlying driver behind the rule was to protect Air India’s lucrative near-monopoly on international routes from India. Once again, this rule played its biggest role in the downfall of Kingfisher. When Kingfisher was first started by the flamboyant, Branson-esque Vijay Mallya, a liquor baron, it was obvious that the new premium carrier had global ambitions. In a normal aviation market, such as the United States, Mallya’s airline would have simply had to pass all of the requirements to be certified as an airline. But in India, he would have had to have waited for five years. So Mallya instead decided to buy Air Deccan, a somewhat struggling low cost carrier (LCC) that had been in operation since 2003 and thus met the 5 year rule (possession of Air Deccan’s AOC would allow Kingfisher to fly abroad). This turned out to be a horrendous mistake, because Kingfisher Red (as the rebranded Air Deccan was known) had an unsustainable cost structure for an LCC and suffered from severe competition from more efficient LCCs like IndiGo and SpiceJet. Beyond the effects on Kingfisher, the 5 year rule has hurt Indian airlines in general. Because the 5 year rule was in place only for Indian carriers (while foreign carriers such as Emirates and Qatar Airways had free reign to essentially do whatever they wanted thanks to poorly negotiated bilateral between India and Dubai/UAE/Qatar – a whole different issue), carriers like Emirates managed to capture the lion’s share of lucrative traffic from India to the Gulf, Europe, and beyond.
Of course these policy failures are just drops in the bucket when compared to the single biggest factor; India’s erstwhile national carrier, Air India.
“The Air India Effect”
Air India has a very proud industry. It was the very first non-American airline to operate an all-jet fleet of Boeing 707s, and when Singapore Airlines was just starting out, they actually asked Air India to help design their service standards (shocking I know). But we’ve come a long way since those golden days, and today Air India is essentially a misshapen amalgamation of two disparate airlines (the “old” Air India that primarily flew international routes and Indian Airlines), that is mis-managed by the Ministry of Civil Aviation (MoCA).
Of course MoCA will want to protect its own business and so bilateral rights going disproportionately to Air India earlier this decade (via right of refusal) was a minor factor. But the bigger issue is the aforementioned “Air India Effect,” which is my euphemism for the blatant market manipulation practiced by the carrier. For political reasons, it is usually expedient for Air India to put out a ton of capacity, especially within India. Of course at Air India’s cost levels, the vast majority of this flying is unprofitable. If Air India were a private carrier, there would be a minimum level of prices beyond which they would not go (in microeconomic theory, this is the point where the price of an additional unit of product [capacity here] is equal to the marginal cost of producing another unit). But because Air India knows that the Government of India will not let them fail, it need not pay attention to these metrics, allowing it to dump excess capacity onto the market. If the routes are unprofitable, as almost every Air India route is, then MoCA and the GOI will be there waiting to bail out Air India. If Air India were a private carrier, they would have put out much less capacity over the past 5 years, and while I have yet to fully work out the demand elasticities, my model says that this excess capacity cost the Indian airline market billions of dollars in lost profits over the past 5 years.
Conclusion – Mismanagement and Hope for the Future
Even though I’ve outlined most of the major reasons above, I’d be remiss if I didn’t point out that strategy failures at the airlines themselves were part of the fall. Every airline in some form or the other has to deal with hostile factors outside of its control, but it’s how you respond to it that makes all of the difference. In the US, airline lost a cumulative $60 billion between 2000 and 2008, but after discovering the three C’s the US airline industry is powering non East-Asian airline profits. Meanwhile in India, airline execs largely ignored the signs calling for capacity discipline, and failed to make the tough choices in terms of being realistic with employees and cutting costs, while simultaneously pursuing failed business strategies.
And yet, there is hope for the future. India is troubled air market where the once largest domestic airline holds just a 5.4% market share and the national carrier is embroiled in prolonged industrial action with its most important pilot group. Yet during a time of slowing growth, a rapidly depreciating Rupee, and persistently high oil prices, it’s important to note that all of India’s airlines save Air India would have made money under the US ATF taxation system. Even in its darkest days, the Indian airline market is just a step away from profitability. Luckily, the fix for what ails India’s airlines is rather simple. Capacity (and cost) discipline is a must; and Jet Airways is a prime example. Since announcing their dismal results for fiscal year 2012, Jet Airways has begun purging their international network of unprofitable flying like Mumbai-Johannesburg in an attempt to shore up profitability; a smart idea to say the least. India’s government can make it easier on the airlines by coordinating a uniform national level sales tax on ATF, approving FDI, and abolishing the 5 year rule. And if by any miracle, Air India actually shrinks, then the recipe for reform in the Indian market is all but complete.
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Kingfisher fiscal year 2012 results analysis. Will Kingfisher Airlines survive?

When Kingfisher Airlines, once India’s second largest domestic airline, reported a Rs. 2,328 Crore (1 Crore = 10 Million) net post-tax loss for fiscal year 2012, it was simply an affirmation of the dire straits that a once proud airline has fallen into.

Of the Rs. 2,328 Crore net loss, a whopping Rs. 1151.5 Crores were lost in the fourth quarter of fiscal year 2012. The sad affirmation is that Kingfisher’s current financial situation, as it stands, is clearly unsustainable in the long run.

When I joined Bangalore Aviation last year, Kingfisher had some 20% of the Indian domestic market. In just seven months, their market share in April 2012, has plunged to just 5.4%. Hypothetically, FDI would do some good for Kingfisher’s finances but given their abysmal current financial performance, one has to wonder whether KFA will be able to attract any foreign investment at all. From a pure financial sense, Kingfisher makes little sense as an investment opportunity, and the prestige factor that might have once attracted suitors like oneworld founding partner British Airways has worn off as Kingfisher service standards and aircraft cabins deteriorated over the past six months.

Even though the Indian government finally appears to have moved on the issue (reports emerged yesterday that the government and all airlines, including Jet Airways were on board), foreign direct investment by airlines may arrive in the Indian market too late to make a difference at Kingfisher.

Moving on to the actual results, they were pretty much as bad as one would expect. Domestically, the carrier has lost its once robust revenue premium relative to the market, with a 9.8% year over year in domestic revenues. Whereas Kingfisher had a more than 10% revenue premium relative to competitors like Jet Airways, in Q4 2012, Jet in fact had a 10+% revenue advantage over Kingfisher.

From a restructuring perspective, Kingfisher has obviously done a decent job of weathering the storm, managing to net a Rs. 138 crore EBITDAR profit (earnings before interest, tax, deduction, amortization, and rent). But EBITDA (adding in rents) collapsed from a Rs. 271 Crore profit last year to a Rs. 470 loss this year. Even so, Kingfisher’s “problem” has never really been the operations themselves, which would have been sustainable at last year’s profitability levels for 3-4 more years, but rather the crippling debt burden and financial charges. While the nominal financial and interest charges declined somewhat year over year, thanks the precipitous collapse in revenues, interest and finance charges represent a mind boggling 38.9% of revenues.

Still, even with this factor, Kingfisher’s performance may not have been as bad as the headlines say. While the net pre tax loss was huge at Rs. 1,700 Crore, more than Rs. 1000 crore of that was due to one-off restructuring costs. Excluding such special items, Kingfisher lost just Rs. 666 Crore in Q4 of FY 2012, which translates to a net margin of -8.97%, not much worse than Jet Airways’ net margin of -6.93%. For the full year excluding special items, Kingfisher actually had a better net margin than Jet Airways, which is surprising given their relative financial problems.

This begs the question, will Kingfisher survive?

There are really two separate answers to this question, governing survival in the short run and in the long run. The second case is still very iffy; a lot will depend on whether India's government can implement needed structural reforms within the market, whether they can attract adequate FDI capital, and the new Indian airline market picture 3-4 years down the road. But in the first case, the danger of Kingfisher ending operations entirely in the next few months is low. As I mentioned above, Kingfisher's finances are not necessarily immediately life threatening; the carrier has managed to cut costs surprisingly well (admittedly, at the expense of Kingfisher's wonderful employees). This is not to sugarcoat Kingfisher's losses, but rather to say that the airline has entered a form of a "holding pattern" operating 18 aircraft to a limited network of essentially domestic destinations; survival in the short term, barring a major ($40/barrel +) oil spike, seems assured.

On the operating cost side, fuel, as per the usual was the biggest drag on results. While the rest of Kingfisher’s cost-line items reported drops of more than 50% year over year, fuel costs dropped just 18%. But there is hope on the horizon for fuel prices. While the days of non-recession $35/barrel oil are likely over, oil prices are likely to fall to around $80 per barrel and stabilize thanks to rapidly growing US production.

One thing that does worry me about Kingfisher is their insistence on regaining lost bulk.
“The company has a focused fleet re-induction plan and hopes to be back to full-scale operations in the next 12 months backed by a recapitalization plan that the company is actively pursuing and confident of achieving.”
Thanks to KF’s capacity slash, the Indian market actually has seen some revenue gains in the past few months. A Kingfisher re-addition of capacity en-masse would do inexorable harm to the Indian airline market.
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Indian government approves airlines to borrow $1 billion overseas, but delays FDI

The government of India will allow aviation companies to borrow up to $1 billion (Rs. 5,100 crore) collectively and up to $300 million individually, from overseas, via the external commercial borrowings (ECB) route, as per a statement released by the finance ministry today.

In his Budget speech last month, the Indian Finance Minister had announced that companies in the aviation sector would be allowed to avail of ECBs for a period of one year for working capital/re-financing of outstanding working capital rupee loan(s).

Quoting from the statement
The ECB made under this provision would have a maximum ceiling of USD 1 billion for the entire Civil Aviation sector. The limit for individual airline companies would be US$ 300 million. This limit can be availed either in a lump sum or in tranches depending upon the utilization of the limit during the 1 year when the facility is available.
The government statement also acknowledges the distress faced by the Indian airline industry
The rapid growth of the Aviation sector in India has generated demand for additional finance for working capital and capacity expansion. High operating costs, particularly on account of high fuel costs, have put additional stress on the Airline Industry.
but the politically weak UPA-2 government of Prime Minister Dr. Manmohan Singh is unable or unwilling to take even the slightest of steps to help the sector.

Even the almost concluded proposal to permit up to 49% foreign direct investment (FDI) by foreign airlines in to Indian carriers, which was expected to be approved by the Cabinet today, appears to have been put on the back-burner, indefinitely, with no less than the Prime Minister himself, referring the issue back to a "group of ministers" with a directive to "establish consensus".

With the loss of the municipal elections in the national capital Delhi, the Congress party, is unsure of its so-called allies the Mamta Banerjee led TMC, and Sharad Pawar and Praful Patel led NCP. A school of thought believes that FDI is essentially shelved, due to the friendships of former civil aviation minister, Mr. Patel, with Jet Airways and IndiGo, both of whom are opposed to FDI, as it will benefit their competitors Kingfisher, GoAir, and SpiceJet, and will hurt them by forcing them to dilute their promoter stakes. Another school would have you believe the Prime Minister is playing it safe, having learned its lesson, when it suffered terribly, in the last parliamentary session, with the government being forced to retract an approval to permit FDI in retailing.

The statement also goes on to say
Proposals of individual companies would be considered by RBI [Reserve Bank of India] under the approval route based on the parameters such as cash flows and the capacity of individual companies to repay these loans from their foreign exchange earnings. In order to increase access to ECBs, RBI would consider relaxation in the average maturity period for ECBs above USD 20 million from five to three years.

This policy decision will provide an additional source of capital low cost to the Airline Industry and help them tide over their present financial crunch. RBI is expected to issue relevant circular/notification giving effect to the aforesaid Budget announcement within 7 days.
As if foreign currency denominated asset loans weren't bad enough, now the government wants airlines to borrow working capital also in foreign currency. This at a time the Rupee is going up and down like a yo-yo. Borrowing is not going to solve the problems of the airlines. It is merely delaying the oncoming freight train of financial destruction.

What are your thoughts on this half-baked approach by the government?

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Restoring India's Aviation Competitiveness: Tony Tyler

The following speech was given by the CEO of the International Air Transport Association (IATA), Tony Tyler, at the India Aviation 2012 Air Show in Hyderabad. Our comments are included in the quote and are italicized and colored red.

Good morning and thank you for the invitation to address the opening session of this important event. Congratulations to the Ministry of Civil Aviation (MOCA) and the Federation of Indian Chambers of Commerce and Industry for growing it into a must-attend conference for the country’s aviation sector.

Civil aviation is an important industry for India. Domestically, it connects India’s vast geography more time-efficiently than any other mode of transport. Internationally, it links India to important global markets for trade and source markets for tourism. The Incredible India campaign is well known the world over. Clearly India is investing heavily in promotion to support the economic benefits that tourism brings to the local economy.

Aviation is the backbone of the tourism industry. Aviation may not have catchy jingles like Incredible India, but it is a key economic contributor. IATA recently commissioned from Oxford Economics a study of the economic benefits that aviation brings to the Indian economy. The results are impressive. Aviation is responsible for 0.5% of India’s GDP. It supports 1.7 million jobs. This could be much more. In Canada, for example, a country with a population many times smaller than India’s, aviation supports 2.2% of GDP and 401,000 jobs. In Australia the figures are 2.6% of GDP and 312,000 jobs.

India is a developing economy with enormous growth potential for aviation. On average, people in the US travel by plane about 1.8 times per year. In India, the average is 0.1 trip per year….or turned around, one trip by air every 10 years.

Let’s do some simple maths. If India’s 1.17 billion people traveled at the same frequency as do Americans, a market of 2.1 billion travelers would be created. But even if they only traveled one-third as much, India would have an air travel market of about 700 million—rivaling that of the US.

Such development will not happen overnight. But the Indian market is growing at about twice the global average—about 12% domestically and 8-9% internationally.

There is no doubt that India is a market with big potential and that aviation could be a much more significant contributor to the Indian economy. But there are no guarantees that this will occur without well-coordinated policy measures—measures which will enable competitiveness.

The Indian aviation industry that I see today faces major hurdles. Air India—the national carrier—is being sustained on life support of state aid. The difficulties at Kingfisher are well known. And the sector as a whole is not generating the sustainable profits that one would expect from such a large high-growth market.

I am not here to point fingers or apportion blame. The state of today’s Indian aviation industry is the result of a number of factors—not least of which was an aggressive expansion by the country’s airlines that took effect just as the world encountered a pair of massive economic shocks in succession. By that of course, I am referring to the skyrocketing oil price in 2008 that shifted almost overnight into a global financial crisis.

Today, I would like to explore some measures that could help turn the fortunes of Indian aviation around.

For background, let’s remind ourselves of the global trends. In December we forecast that the world airline industry would squeeze out a profit for 2012 of just $3.5 billion on revenues of $600 billion. That is about a 0.6% margin. If we are right about that, since 2001 the industry will have lost $26 billion on revenues exceeding $5.5 trillion. As I have said many times before, we are an industry that is all about turnover with very little leftover.

As with any global overview, this misses the regional detail. If we look more closely at this year’s anticipated performance, we see European carriers losing $600 million—primarily owing to the fragile state of the European economy. And we see Asia-Pacific carriers set to earn $2.1 billion. This is down from the $3.3 billion that the region made in 2011, but it will still be the region that delivers the largest absolute profit. India’s contribution to Asia-Pacific profitability, however, will be negative. Carriers here look set to continue delivering collective losses estimated in the billions of dollars.

As I see it, an agenda to build competitiveness in Indian aviation rests on four pillars:

  • Taxes
  • Infrastructure
  • Costs and
  • Investment policies

I will address each individually.

Taxes

Let me start with taxes. Yesterday the Minister of Civil Aviation mentioned the need to make air travel more accessible. One way of achieving that is by taxing it less.

Our concern over the application of the 10.3% Service Tax to air tickets as well as to services that airlines purchase, such as landing and air navigation fees, is well known. There is the legal argument that it contravenes the provisions of the Chicago Convention. While MOCA is quite familiar with ICAO principles, the Ministry of Finance continues to ignore international obligation. Removing the burden of the Service Tax would improve the competitiveness of Indian aviation, boost access to both domestic and international connectivity and drive economic growth.

Service taxes in the EU have already reduced the competitiveness of carriers like Lufthansa and British Airways, especially on long haul connections. This is one reason why the MEB3 airlines (Etihad, Emirates, Qatar) have been so successful in growing into the EU. If Mumbai and Delhi are ever to develop as true connecting hubs, these service taxes must be abolished.

Even more damaging however, is the tax on fuel. All fuel is subject to an 8.24% excise duty. Then domestic flights face state fuel taxes of up to 30%. The result is destroying the competitiveness of Indian airlines. Globally, fuel accounts for about 32% of an airline’s cost base. For Indian carriers it is 45%. MOCA has understood this and is lobbying to reduce the burden.

MOCA is seeking to address the issue of high jet fuel prices by allowing airlines to directly import fuel. So far the impact has been limited because we believe the Competition Commission of India and the Petroleum Ministry have not yet mandated access to off-airport transport and storage infrastructure.

The high cost of jet fuel has been hijacking the competitiveness of the Indian air transport industry for over a decade—with every flight that has taken off or landed on the sub-Continent. We appreciate the effort to start to address the issue. It is now clearly recognized by all that fuel taxes are sucking the life blood from the Indian aviation sector. The industry is now in crisis and we need a coordinated effort among all Ministries—at national and state levels—to restore competitiveness.

The mission for such a coordinated effort is clear. Taxes—particularly state taxes—should be removed and a National Access Regime must be established for jet fuel. Such a regime should allow users, including airlines, access to critical fuel infrastructure at reasonable prices.

To be honest, the states do not even need to go so far as to cut the fuel taxes entirely, just decrease them. A 15 percentage point cut (from an average between 22 and 25%) would restore the Indian airline sector to tangible profitability. Moreover, as with the Laffer curve, states can get more revenue in the long run by lowering rates and growing aviation. The states should seek to increase fuel tax revenues by incentivizing India's airlines to use more fuel (via operational growth), not by taxing it at stiflingly high rates. The economics of direct importation of fuel are murky at best; import duties will eat away a lot of the gains, and Indian states are likely to add entry duties to make up the lost revenue any way.

Infrastructure

Staying on the topic of infrastructure, some good progress has been made with India’s airports—particularly those using the public private partnerships (PPP) model. Arriving in Hyderabad early yesterday morning, the immediate impression was positive—and light years ahead of my memories of what the airport infrastructure was even a decade ago. I am looking forward to seeing the new terminal at Delhi later today, which I am told is even more impressive— and completed in 36 months.

When India wants to build world class infrastructure, it clearly can succeed. Why then is Navi Mumbai so long delayed? Its two runways and potential to handle up to 60 million passengers per year is badly needed to serve India’s economic capital. The first phase was meant to open in 2014 but construction has not yet begun. Land acquisition is not even complete.

India shares the NIMBYism ("Not in my backyard"- people who argue against infrastructure and other development because it affects them personally while helping the country as a whole) and perverse environmental arguments of the west, but infrastructure development is far more crucial to our economic growth. Plus, the Indian government's speed at approving such projects makes the tortoise look like Usain Bolt.

Even with recent expansion, the facilities at Mumbai are bursting at the seams. Navi Mumbai is not an option. It is critical. And the only way that I can see it being completed without further delay is if the government—all Ministries—coordinate their efforts to facilitate success--as they did for Delhi’s new terminal.

Industry is a willing partner in developing critical infrastructure. In 2008 we successfully worked with the Airports Authority of India (AAI) to fund Data Link services in the Bay of Bengal with a $4 per flight fee over four years. The data link was successfully installed, and is improving airline operations. There is surplus in the account. Airlines want to use it in a Project India initiative that will develop strategies to reduce delays and improve the efficiency and robustness of air traffic management. Where we see value and a clear return on investment, airlines are willing partners in developing infrastructure capabilities.

While industry would certainly be an efficient partner in infrastructure development, India must carefully ensure that the experience with Bangalore International Airport (BIAL)'s runway via Larson and Toubro is not repeated. India's Air Traffic Management system could use a makeover however; Metro airports are already suffering huge delays during peak flight times.

Cost

But of course, investments must be cost efficient and affordable. I praised the developments at Delhi Airport. The new terminal and third runway have been a much needed boost to the sector. For the first time ever, India has a facility capable of connecting traffic in an efficient hub operation. Overall airport charges at Delhi, using market rates, are aligned with those in Seoul, Auckland or Madrid. But if you convert this to a purchasing power parity rate, the current rate is about 50% or higher than charges at major hubs such as Heathrow, Paris or Tokyo. With that, cost-efficiency gains would be expected.

Instead, Delhi International Airport Limited (DIAL) proposed a 740% increase that would make it the world’s most expensive airport. The Airport Economic Regulatory Authority, or AERA, knocked that back to 340% to be implemented in two stages. If that materializes, Delhi will still become the world’s most expensive airport. India’s aviation industry is sick. Adding a $300 million headache to it will put it in intensive care from a cost perspective. And it also is estimated that a 5-7% decrease in demand will result. Such an increase in charges would certainly fit the Ministry of Tourism’s “Incredible India” description, but it will come with a fall in tourist arrivals and further damage to local and international airline connectivity.

Given the broad economic implications of such an increase, it is important that the government takes immediate action. First 340% is unacceptable. It would be a shock to the system that would ripple throughout the economy.

DIAL is a national asset that spurs economic activity far greater than its fiscal losses. Perhaps India's government should step in to eat some of the costs. Because of over capacity in the Indian market, foreign carriers are very sensitive to the effects of huge airport cost increases on their marginal Indian services. Low cost carriers in particular could be driven away in droves, as their margins will be hurt the most.

The Ministry cannot stand by and let this happen. It must intervene with a broader context. This should take into consideration the long-term development of Indian aviation at its hubs. And if need be, the concession contracts, which at Delhi channel 46% of revenues to AAI, need to be rethought with the aim of offsetting aeronautical charges. The solutions are readily available and there is no reason why the 340%, or any increase of this magnitude, should be allowed to go through. And of course, even though we are discussing Delhi, we are also keeping a watchful eye on Mumbai to avoid any similar proposals.

And while we are at it, a few other issues should be addressed. Any legitimate revenue claw-back under the current regulatory structure must be spread across a number of years, not crammed into the next two. An urgent review should look at the structure of charging for international versus domestic. We all use the same airport and runway. There is no justification for differential charges or charges based on distance flown. In fact, like the application of the Service Tax, it contravenes ICAO rules. Finally, there should also be a review of the allocation of aeronautical and non-aeronautical assets to be more in line with other major international airports.

Investment

Last on the agenda, I should like to comment on the recently much discussed issue of foreign direct investment for Indian airlines.

The 49% cap on foreign investment in airlines aligns with general practice globally. But the complete exclusion of foreign airlines from investing in Indian carriers set by the Ministry of Commerce is unique to India. Given that foreign airlines could invest to own 100% of mass rapid transit systems, ports and harbors, hotels and tourism, inland water and ocean transport, toll roads or tunnels in India, it is unique in the domestic context as well.

MOCA has proposed that the restriction be lifted so that foreign airlines could own up to 49% of an Indian domestic carrier. This would allow strategic tie-ups with foreign airlines cemented by an equity stake. Such equity partnerships have strengthened airlines such as Lufthansa-SWISS-Austrian-Brussels Airlines, Air France-KLM-Alitalia, LAN-TAM and British Airways-Iberia, just to name a few. What is the public policy imperative of denying this possibility to Indian carriers?

I hope that it will be given due and positive consideration by the Indian cabinet.

But I want to be very clear in stating that allowing foreign airlines to invest in Indian aviation is not a panacea. Without addressing the other three pillars—costs, taxes and infrastructure—it may only be a theoretical exercise because, under current conditions, the odds are stacked against any investor making a positive return on investment in the Indian aviation sector—and no-one is likely to come forward unless they see themselves making a profit.

We agree that FDI is not a panacea, in fact those were our exact words back in January. India's government should go further however, and allow full mergers between Indian airlines and foreign carriers. A Jet Airways-Brussels Airlines merger would solidify their US ops substantially.

The Agenda

The problems facing the Indian aviation sector are severe and beyond the control of airlines. Solving them will require a government-wide team effort. MOCA can and has taken steps in the right direction, but without the support of the Ministries of Tourism, Finance, Environment and Petroleum and the Competition Commission, the major changes that are needed cannot take place.

Many committees and groups of government officials have looked at remedies in the past. Another committee is not the answer.

I would suggest that a common vision—expressed in a National Aviation Policy strongly linked to an implementation plan—could be a way forward. Such a policy would need to re-build competitiveness by addressing the difficult issues of tax, cost, investment and infrastructure, building on the ground work already being done within MOCA and in consultation with industry.

The situation in India today is critical and we must move forward urgently. Through IATA, I can certainly pledge the resources of the industry to support the development of such a policy with the greatest amount of determination and speed.

EU ETS

I hope that the speed and determination of India in dealing with the issue of the European Union Emissions Trading Scheme (EU ETS) is a good indication of what can be achieved with coordinated policy measures.

Managing aviation’s 2% share of global man-made CO2 emissions also sits at the top of the industry’s agenda. Airlines, airports, air navigation service providers and manufacturers have committed to:

  • Improve aircraft fuel efficiency by 1.5% annually to 2020
  • Cap net CO2 emissions from 2020 with carbon-neutral growth
  • Cut net emissions from air transport in half by 2050 compared to 2005

We will achieve this with a four pillar strategy covering improved technology, better operations and infrastructure and economic or market based measures.

Optimizing routes, improving air traffic management, investing in new and more fuel-efficient aircraft, and developing sustainable biofuels for aviation are all elements of the solution. And India has potential to contribute to all of these.

At the same time, a key, if temporary, pillar of our strategy is market based measures. These must be coordinated among governments to avoid market distortions, ensure fairness and avoid carbon leakage. These are the essence of the principles adopted by ICAO at their 2010 Assembly as a guide for developing a global framework for market based measures by 2013.

Unfortunately, Europe has chosen a go-it-alone regional approach with the inclusion of international aviation in the EU ETS from this year. This is driving discord at a time when we need harmony. Why? Because non-European states, India included, see the intention to tax non-EU airlines for emissions over non-EU territory as an attack on their sovereignty.

India hosted an initial meeting of states opposing Europe’s plans. This was followed in Moscow where India was among 24 states represented. They issued a declaration urging a global solution through ICAO and outlining possible actions if Europe continues on its unilateral and extra-territorial path.

No one wants a trade war. But the prospects are growing more likely.

There is a solution. And that is ICAO—where global standards and solutions for air transport are made. The EU deserves full credit for bringing the emissions issue to the front and center of the global aviation agenda. And I believe that recent indications coming from Europe point toward their understanding that a global agreement through ICAO is the way forward. Now it is time for Europe sincerely to take a stake in making the discussions and decisions at ICAO a success.

I chose these words very carefully because, if I understand the international mood correctly, non-European states will be looking for some proof of Europe’s sincerity. That will mean doing more than simply reiterating its determination to implement its scheme even as it professes to support a negotiated agreement through the ICAO process.

We agree. Kudos to India's government for finally taking a stand on something beneficial for its airlines.

Conclusion

In conclusion, I would like to reiterate two statements that I firmly believe:

  • The first is that aviation is a team effort. It works best when all the parts are operating in coordination and with a common vision. That is true for how India should develop a National Aviation Policy. And it is equally true for how the world must address the vital issue of climate change.
  • The second is that aviation is a force for good in the world. The connectivity that this industry provides links goods to markets, people to business, reunites families, supports tourism and facilitates journeys of discovery. Aviation generates tremendous wealth—both material and of the human spirit. And it has almost infinite potential.
If we combine the two of these in the context of India today, we have a motivation and a way forward to ensure that aviation delivers the best that it can to India and its economic development.

Aviation is critical to India's continued growth as an economy. Already, service sectors (such as IT) are a huge part of India's economy, and air travel is an important tool for service professionals. As India's economy continues to grow, diversify, and globalize; the links provided by airlines will only grow in importance. India's Ministry of Civil Aviation (MoCA) and the Directorate General of Civil Aviation (DGCA)must take the proper steps to ensure this country's aviation competitiveness.

I am also very confident that the Ministry of Civil Aviation is moving in the right direction of addressing India’s challenges. And I would like to commend the tireless work of Dr. Nasim Zaidi. Over the last two days I have seen his passion in trying to bring together the concerns of aviation stakeholders into ideas that can be turned into positive action.

I too personally am passionate about aviation. And I am an Indian optimist. IATA will be fully engaged in doing whatever it can in the team effort to turn Indian aviation into the great success story that it has the potential to become. For me, India should not settle for a bronze medal in the world of aviation….it has pure gold potential. Together, let’s make it happen.

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