Israel’s Deputy Attorney General Avi Licht has made it clear that no deal between Israel Chemicals Ltd. (ICL) and Potash Corp. of Saskatchewan Inc. (PotashCorp) can be concluded before the January 22 Israeli elections. He made this clear in a legal opinion that was sent to all relevant government ministries. The legal opinion was requested by the prime minister’s office, the Finance Ministry, and the Industry, Trade and Labor Ministry.
Licht said that the proposed merger was a complex deal that would require numerous approvals in Israel and abroad, and that only preliminary contacts have been held so far. He said that the various government ministries have not prepared the necessary legal work in regard to the proposal. In the meantime, Licht said that representatives from the various government ministries could meet with the interested parties, but that the process should not in any way be sped up. Senior officials from the Finance Ministry and PotashCorp are due to meet later this month to discuss the proposal. Ministry sources stressed that the discussions would focus on hearing from PotashCorp regarding the proposed framework of the merged company. The sources said only after the meeting would ministry economists and experts begin to assess the proposal and recommend whether to accept it.
The deputy attorney general said in his legal opinion that even if the negotiations are concluded in the coming weeks, the current government should not approve the deal prior to the elections.
Meanwhile, Bank of Israel Governor Stanley Fischer has said he is not opposed to the proposed deal. In an interview with Bloomberg., the governor said that if ICL continues production in Israel, then there is no reason not to sell the company. He noted that the profits would be transferred abroad instead of remaining in Israel, but that the real concern was a cut in jobs, which Fischer said was not likely to occur. The Bank of Israel governor has a huge impact on the Israeli economy and government policy. From a regulatory point of view, however, Fischer’s support has no influence since the Bank of Israel would not have to approve the deal. The big hurdle is likely to be the Finance Ministry, where Accountant General Michal Abadi-Boiangiu has expressed her opposition to the deal.
Meanwhile, the Dead Sea Works union has asked the powerful Histadrut Labor Federation to approve the declaration of a work dispute at the company. The reason given is the contacts over the possible sale of ICL to PotashCorp. The union said it feared that the change of ownership could lead to a cancellation of the owner’s commitments to the workers. The Histadrut is due to take up the request next week. If approved, the union would be allowed to impose sanctions in two weeks’ time.