Sep
16
2011
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In Case You Missed It… Articles Roundup Week of 9/16/11

In this week’s roundup… President Hugo Chávez reportedly plans to withdraw from the World Bank’s International Center for the Settlement of Investment Disputes (ICSID); crime spreads to Venezuela’s hospitals; Chávez gears up for a 4th round of chemotherapy; opposition leader Henrique Capriles Radonski’s unique style of campaigning stands out, and Venezuela’s presidential election is scheduled for October 2012; Iranian President Mahmud Ahmadinejad to visit Venezuela; and Chávez continues to publicly defend embattled Libyan leader Moammar Gadhafi.

Chávez Takes Steps to Exit Global Forum, The Wall Street Journal

President Hugo Chávez of Venezuela has taken steps to pull out of the global forum most used to settle investor disputes, where Caracas faces more than $40 billion in claims for nationalized properties.

In Venezuela crime spree, even hospitals are hit, The Associated Press

A young man dies of gunshot wounds, and enraged friends and relatives react by shooting up the hospital.

Venezuela’s Chavez expects 1 more round of chemo, The Associated Press via The Seattle Times

Venezuelan President Hugo Chavez says he expects to undergo one more round of chemotherapy and that it should be the last phase in his cancer treatment.

Anti-Chavez leader with nonconfrontational style stands out among contenders in Venezuela, The Washington Post

The rival who could pose the greatest threat to President Hugo Chavez may be the only politician in Venezuela who almost never mentions the leader by name.

UPDATE: Venezuelan Presidential Vote Scheduled For Oct 7, 2012, The Wall Street Journal

2012 presidential election set for Oct. 7. Election moved up from traditional December date. Concerns that earlier election favors Chavez.

Venezuela’s Chavez expects visit from Iran leader, AFP via Univision

Hugo Chavez expects Iranian President Mahmud Ahmadinejad to visit him after this month’s UN General Assembly, which the Venezuelan leader will be unable to attend because of cancer treatment.

Venezuela’s Chavez sees cautionary tale in Libya, The Associated Press (Also picked up by The Washington Post)

When Moammar Gadhafi made his first and only visit to South America in 2009, President Hugo Chavez praised his longtime friend as “the liberator of Libya,” talked politics inside his Bedouin tent and presented him with Venezuela’s highest award.

 
Sep
13
2011
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ICYMI: Chávez Exiting Global Forum?

Chávez Takes Steps to Exit Global Forum
The Wall Street Journal
By José De Córdoba

President Hugo Chávez of Venezuela has taken steps to pull out of the global forum most used to settle investor disputes, where Caracas faces more than $40 billion in claims for nationalized properties.

Documents show that Mr. Chávez, shown in August, is moving to avoid financial sanctions from abroad.

Venezuelan officials have drawn up plans, at Mr. Chávez’s order, to withdraw from the International Centre for the Settlement of Investment Disputes, or ICSID, a unit of the World Bank in Washington, according to recent documents reviewed by The Wall Street Journal.

A withdrawal would be the latest in a series of actions Mr. Chávez has taken to protect Venezuela’s international assets from possible seizure by foreign governments and now, perhaps, creditors. Last month, Caracas announced it would transfer $6 billion in cash reserves held in European and U.S. banks to Russian, Chinese and Brazilian banks. Mr. Chávez also said he would move some 211 tons of gold valued at $11 billion held in foreign banks to Venezuela’s Central Bank vault in Caracas.

Venezuelan government documents say the main reason for those actions was to avoid financial sanctions by the international community, such as those that have frozen billions of dollars of Libyan government funds under Moammar Gadhafi’s Libyan regime.

Analysts peg Mr. Chávez’s fears to the possibility Venezuela could have to pay billions of dollars in compensation from companies that have had assets expropriated, or that future unrest in Venezuela could lead to international sanctions.

Venezuela’s withdrawal from the ICSID also would fit well the nationalistic bent that has led Mr. Chávez to expropriate 988 companies, 401 so far this year, according to Conindustria, a Venezuela industry chamber.

“It’s pure demagogy,” said Roberto Dañino, a former head of the ICSID. “Venezuela would like investors to submit themselves to national tribunals where there are no guarantees or due process.”

The Venezuelan Embassy in Washington declined to comment. Lawyers at Arnold & Porter LLP and Curtis, Mallet-Prevost, Colt & Mosle LLP, the two principal firms that Venezuela uses to defend itself from claimants at the ICSID, declined to comment.

A Venezuelan foreign ministry official said the country wasn’t considering withdrawing from ICSID now, though he acknowledged meetings on the subject had been held. Another Venezuelan official countered that the move was, in fact, now being debated by high-ranking officials.

Lawyers familiar with ICSID procedures say a Venezuelan withdrawal wouldn’t have any impact on the 18 claims that Venezuela now faces at the World Bank unit. For starters, it would only take effect six months after notice is given to the center, said Dietmar W. Prager, a lawyer with the New York firm of Debevoise & Plimpton LLP who has represented investors with ICSID disputes with Venezuela.

Further, bilateral investment treaties bind Venezuela to ICSID arbitration for a period, depending on the treaty, from between 10 to 15 years after the cancellation of an agreement, according to lawyers and Venezuela’s own documents.

“The Venezuelans can’t say I’m taking my marbles and going home,” said Michael Nolan, a lawyer at the Washington office of Milbank, Tweed, Hadley & McCloy LLP, who has represented clients with Venezuelan claims at the ICSID.

Eventually, the government papers say, Venezuela’s goal is to replace ICSID with a dispute-settlement mechanism that would fit within the framework of Latin American integration groups such as the Bolivarian Alliance for the Americas or the Union of South American Nations, which were either founded by or heavily influenced by Caracas.

“It may be a combination to play to the balcony and make Chávez appear as a regional leader leading an attempt to gut the international investment protection system,” said James Lloyd Loftis, who heads law firm Vinson & Elkins’s international dispute resolution practice.

A withdrawal would send an unfriendly signal about Venezuela’s policy towards foreign investment, Mr. Prager said. To be sure, foreign investors have already gotten the message, as foreign companies have been taking more assets out of the country than they have been putting in it. Foreign direct investment was a negative $3.1 billion in 2009 and a negative $1.4 billion in 2010, according to the United Nations Conference on Trade and Development.

At ICSID, companies lining up to seek compensation from Venezuela range from oil giants to gold mining companies, and include some of the world’s largest cement manufacturers. ConocoPhillips by far has the largest claim. The oil company wants to recover $30 billion in compensation for stakes in two projects in the Orinoco heavy oil fields, according to Reuters. Another oil giant, Exxon Mobil Corp., has cut its claim for compensation to $7 billion for Mr. Chávez’s 2007 seizure of a heavy crude project from an initial $12 billion, Venezuela said last year. An Exxon spokesman declined to comment.

Mexican cement maker Cemex and Swiss cement maker Holcim are seeking compensation for Mr. Chávez’ seizure of their plants in 2008 as part of the Venezuelan government nationalization of the country’s cement industry.

Holcim recently reached a $650 million settlement with Venezuela. The Swiss company has temporarily suspended its legal action depending on whether Venezuela complies with the terms of the settlement, said a person knowledgeable about the case. Cemex’s action is ongoing.

This year, Crystallex, a Canadian gold miner, filed an action seeking $3.8 billion in compensation for the government’s unilateral termination of a giant gold mining project. A spokesman for Crystallex said the company’s legal action wouldn’t be affected if Venezuela were to withdraw from ICSID.

Since 2007, Mr. Chávez has publicly contemplated a pullout from the ICSID. Some of his closest allies have already left. Bolivia pulled out in 2007 and Ecuador followed suit in 2009. Lawyers familiar with arbitration disputes say their withdrawal from ICSID pullout has not had any noticeable impact on claims against the two countries.

Venezuelan documents show that withdrawing from the ICSID would only start a complex and difficult process. Caracas would have to renegotiate bilateral investment protection treaties with 23 nations, including European countries to allies including Iran and Russia.

 
Sep
2
2011
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In Case You Missed It… Articles Roundup Week of 9/2/11

In this week’s roundup… President Hugo Chávez’s expropriations continue to raise the ire of multinationals, resulting in more international arbitration claims against Venezuela; pro-Chávez officials are reportedly setting up camp in Panama; $29 million goes unaccounted for in the government’s “petty-cash” fund; and Venezuelan authorities are once again pressed by human rights groups to protect freedoms.

Venezuela: when multinationals sue, The Financial Times

There’s nothing Hugo Chávez likes more than to shake his fist at the private sector. Nationalizing businesses is one of his favorite pastimes, with his Queen-of-Hearts-like cry of “expropriate it!” dreaded in boardrooms across Venezuela. But it has its consequences.

Chavez says he’s doing great, but the Venezuelan economy isn’t, Foreign Policy
Venezuelan President Hugo Chávez says he feels “great” after another dose of chemotherapy for his as-yet-unspecified cancer. If only the Venezuelan economy was in as good shape as Chávez says he is in. In fact, his vaunted “21st Century Socialism” bears an uncanny resemblance to the garden-variety 20th century kind: replete with widespread inefficiencies, declining production, and rampant shortages.

Chavez Says Venezuela to Move Against Land Holdings of Ireland’s Smurfit, Bloomberg
Venezuelan President Hugo Chavez orders the removal of Irish cardboard maker Smurfit Kappa Group Plc (SKG) from all its farm land in an agricultural state as he deepens a push to seize large land holdings from private owners. Shares declined.

Are pro-Chávez Venezuelans setting up a ‘Plan B’ in Panama?, Christian Science Monitor

With Hugo Chávez’s status uncertain, some Chávistas are looking to relocate to Panama. It’s another chance for Panama to gain from other countries’ crises, as it has for more than a century.

Is $29 billion missing from Hugo Chavez’s Fonden development fund?, The Christian Science Monitor

An Excel spreadsheet of projects financed by Fonden – the “development” fund that President Hugo Chávez created and uses as his sort of petty cash fund for immediate needs goes public to show a $29 billion discrepancy.

HRW: Venezuela should protect rights activist, The Associated Press

A human rights group demanded Monday that President Hugo Chávez’s government provide protection for an activist who had to flee Venezuela after being threatened for alleging human rights abuses in prisons.

Venezuelan gov’t is urged to respect free media, El Universal
The Special Rapporteur for Freedom of Expression, Inter-American Commission on Human Rights (IACHR), urged Venezuelan authorities to take the relevant actions to ensure free operation of media and respect for critical or dissenting expressions, in accordance with international treaties on human rights, to which Venezuela is a party.