Jan
10
2012
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Chávez Threatens Pre-Emptive Strike on International Arbitration Body

In a move that may deprive businesses and investors of the most important international venue for securing compensation for expropriated property, Venezuelan President Hugo Chávez said Sunday that he “will not recognize” decisions issued by the World Bank’s International Center for the Settlement of Investment Disputes (ICSID). The announcement bodes ill for Exxon Mobil, Helmerich & Payne and many other companies that have seen their Venezuelan assets seized by the Chávez government.

“We have to get out of that ICSID. And I’ll go ahead and say it: We won’t recognize any of ICSID’s decisions,” Chávez said in a television address.

Disavowing ICSID’s authority will be difficult, as multiple treaties that bind Venezuela to the court remain in force. Experts have also suggested that rejecting the body’s rulings could hurt Venezuela’s ability to obtain credit as well as prompt companies to freeze Venezuela’s foreign assets. Nonetheless, a defiant Chávez said he will not recognize the panel’s rulings and may withdraw Venezuela from the forum altogether.

In his announcement, Chávez referred to a $900 million award that Exxon Mobil recently won in another arbitration case before the International Chamber of Commerce. ExxonMobil is one of more than a dozen companies seeking compensation from Venezuela before the ICSID, which is considered the world’s preeminent forum for settling disputes between investors and sovereign states. The Caracas-based consulting firm Ecoanalítica estimates that the Chávez government has nationalized more than $33.7 billion in assets from private companies.

Chávez’s announcement suggests that companies seeking compensation from Venezuela have a difficult road ahead, including U.S. firms like Oklahoma’s Helmerich & Payne and Ohio-based bottle maker Owens Illinois, which have filed legal claims against Venezuela.

Chávez, who often offers nationalized companies little to no compensation, has ramped up expropriations over the past years. There are currently 17 pending cases against Venezuela before ICSID. If the government follows through with Chávez’s plan, all 17 may turn into protracted disputes that further blunt foreign investments in Venezuela and alienate the country from the international community.

 
Sep
28
2011
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Venezuela Signals It Won’t Comply With Arbitration Decisions

Government moves to make it harder for nationalized foreign companies to receive compensation

Faced with the specter of losing multiple arbitration claims brought forth by American and other companies for not being compensated for property expropriated by the Venezuelan government, Venezuelan Oil Minister Rafael Ramirez said this week the country will not comply with penalties imposed by any international judicial entity in issues pertaining to the Chavez government’s nationalizations.  The position taken by the Chavez administration would put the country at odds with the International Center for Settlement of Investment Disputes (ICSID), posing a serious concern for the 18 companies which currently have open cases against the oil producing country for assets seized by the Chávez administration.

The announcement follows recent developments in the ICSID arbitration case regarding two U.S. companies, Exxon Mobile and ConocoPhillips, whose assets were nationalized by the Venezuelan government. According to news reports, Venezuela could be asked to pay a combined sum of around $40 billion for losses endured by the two U.S companies. However, the Venezuelan government has made it clear that they are only willing to pay $2.5 billion. Oklahoma based oil services company, Helmerich & Payne, has also filed a law suit against Venezuela over the 2010 government takeover of 11 of the company’s drilling rigs.

In a separate statement Minister Ramirez declared that PDVSA will move to avoid having any assets abroad so as to protect the company from the multiple threats from international arbitration cases it is facing.  Such a move would make it harder for foreign companies that are found to have been wronged and not compensated by the Venezuelan government to receive restitution for their losses.

Boris Segura, an analyst at Nomura Securities, states: “Coupled with the recent announcement of the repatriation of gold holdings and the move of international reserves out of the US and Europe, this confusion about the arbitration claims does not look positive for Venezuela’s willingness to pay”

The apparent unwillingness of the Chávez administration to honor arbitration rulings paints a bleak picture for all who have outstanding arbitration against Venezuela. The harshest consequences of these actions, however, will be borne by the Venezuelan people, who continue to see a dramatic drop in foreign investments in their country.

 

 
Aug
25
2011
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Chávez Over an Economic Barrel

DSC 0754 150x150 Chávez Over an Economic Barrel

José R. Cárdenas served in several foreign policy positions during the George W. Bush administration (2004-2009), including on the National Security Council staff. He is a consultant with Vision Americas in Washington, DC.

Each time Hugo Chávez travels to Cuba for chemotherapy, he leaves behind an economy in worse shape than he is. As the Financial Times put it recently, “Venezuela’s economy suffers from all kinds of unique problems, which the government does seem to want to resolve” – only every time it tries, it winds up making things worse.

That’s because reality has a way of punishing populist economic policies.

Yet, despite the widespread damage to the Venezuelan economy caused by nationalizations, strict currency and price controls, and lack of property rights and judicial guarantees, Chávez continues to forge ahead, believing that Venezuela’s oil patrimony means he’s exempt from the laws of economics or accepted standards of governing.

Consider his latest scheme:  transferring billions of dollars in Venezuelan cash reserves from U.S. and European banks to “friendlier” countries such as Russia and China, and repatriating billions more in gold from abroad.

Regime officials say it is to protect Venezuela from “disturbances” in the international markets, but experts say there is no economic justification for such a risky move; that it is political.  Meaning that one can be sure Chávez is acting in his own interest and not that of the Venezuelan people.

Whatever his motivations, the immediate results are that investor confidence in Venezuela will likely erode further and the cost of borrowing (which Chávez is currently doing at a record pace) will increase.  (Due to Chávez’s anti-free market policies, Venezuela already has the highest borrowing costs among major emerging-market economies, according to Bloomberg.)

Indeed, Wall Street was quick to react: Standard & Poor’s cut Venezuela’s credit rating one level to B+, four steps into junk status, citing growing “uncertainty” over Chávez’s “changing and arbitrary laws, price and exchange controls, and other distorting and unpredictable economic measures [that] have undermined private-sector investment and hurt productivity, weakening Venezuela’s domestic economy.”

All of this does not bode well for the Venezuelan people as the country heads into an election year.  Despite his precarious health situation, Chávez insists he will run for re-election, which means he will need even more cash for lavish social projects and mitigating the myriad domestic crises – shortages of electricity, food, and housing – he has created.  Something has to give.

To date, Chávez’s gambit has been that oil revenues would continue to outpace the exorbitant spending that fuels his popularity; but that gambit appears to be running its course.  PDVSA’s Golden Goose is on the verge of collapse from exhaustion. Declining oil production and dropping prices means less cash, more borrowing on unfavorable terms, and more mortgaging of Venezuela’s future.

The Venezuelan opposition has plenty of opportunities to hold Chávez to account after 12 years in power: horrendous crime statistics, rampant inflation, and the aforementioned scarcities.  But they should add his reckless decision-making in international economic matters.  Not only is he saddling the next government with prohibitive debt and a crippled oil company, but do Venezuelans really want China and Russia, hardly known for their transparency and legal guarantees, to be the custodians of their hard currency wealth?

The United States cannot be an idle bystander in this process.  What happens in Venezuela directly impacts U.S. interests.  While the country is a nearby source of oil (some 10% of our imports), under Chávez it has played an exceedingly unhelpful regional role in terms of its counter-narcotics and counter-terrorism polices.  Besides massive purchases of Russian arms that have alarmed his neighbors, Chávez has also provided a platform for Iran to establish a presence in Latin America, as it attempts to secure strategic resources in the face of United Nations sanctions.

The Obama administration should be concerned less about Chávez’s reaction to what we say and more about standing solidly behind principles of a free, fair, and peaceful democratic process.  Hugo Chávez is fully capable of attempting to bring down the temple around him if he sees his political fortunes rapidly going south. The goal of the U.S. policy should be to help Venezuelans prevent that from happening, rather than just arriving in time to help them pick up the pieces.