Sep
20
2011
Posted by
editor
Comments

Chávez, Circling the Wagons?

DSC 0754 150x150 Chávez, Circling the Wagons?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.

Hugo Chávez appears to be a man in a hurry these days.  Although we continue to have no independent confirmation on the extent of his illness, the recent, rapid succession of announcements from Caracas certainly makes it appear as if he’s someone who believes his days are numbered.

First, there was last month’s announcement that he was transferring $6 billion in cash reserves held in U.S. and European financial institutions to Russian and Chinese banks. In addition, Caracas announced that it was repatriating some 200 tons of gold – valued at $11 billion – held abroad to Venezuela’s Central Bank. Most analysts said there was no economic reason for such a risky move, meaning that its only justification was political, that Chávez likely intends to shield Venezuelan assets from future international sanctions or claims by jilted foreign creditors.

Then, The Wall Street Journal reported that Chávez was planning to make good on his promise to withdraw Venezuela from the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID). The Center is the preeminent global forum where investors can hold governments accountable for breaches of contracts and other malfeasances. There, Chávez is facing more than $40 billion in claims by 20 foreign companies whose assets he has expropriated. Under ICSID regulations, Venezuela is still liable for those claims, although Chávez has never played by anyone’s rules but his own.

Finally, Chávez announced that he is moving up the 2012 presidential elections two months from December to October 7th, 2012, shortening the campaign season and placing less physical demands on his uncertain health.

Again, these decisions by Chávez hardly suggest someone who is steadily convalescing from a bout with cancer, but someone who is trying to get something done in a hurry. In this case, it could arguably be walling off Venezuela from retribution by the “imperial” powers as he rushes to put the final touches on his Bolivarian utopia.

Disengaging Venezuela from the U.S. and European-dominated international financial system — the “tyranny” of the U.S. dollar — has been Chávez’s dream since he first rose to power 12 years ago.  He has railed about the inherent “unfairness” of it all in countless speeches and has busied himself creating alternatives to “imperialist”-dominated international institutions. The effort appears to be entering hyper-drive.

Moving the election up, even by two months, increases the odds he will be healthy enough to keep to an arduous cross-country campaign schedule. If he falters physically, or is unexpectedly defeated at the polls, there is every chance he or his movement will upend the table and continue in power. The democratic world be damned. There will always be buyers of Venezuelan oil, and their cash reserves will likely be beyond the reach of international sanction. Make no mistake about it: over the next 12 months, every effort on Chávez and his acolytes’ part will be dedicated to the continuation of Chavismo, with or without Hugo, and with or without international approbation.

 
Sep
19
2011
Posted by
editor
Comments

ICYMI… Why is Chavez Moving Venezuela’s Gold?

Why Is Hugo Chávez Moving Venezuela’s Gold Holdings Home?
Forbes
September 18, 2011
By Richard Miniter

When Venezuela’s strongman Hugo Chavez announced plans to move virtually all of his nation’s overseas gold stock–211 tons of gleaming bars stored in vaults in New York, London, Zurich and elsewhere–back to South America, investors were stunned. Why make one of the largest physical transfers of gold bullion since the end of World War II?

Here and now, I will solve this mystery–and the solution will spark new doubts about Venezuela’s bonds and about President Obama’s foreign policy. The solution hits two populist presidents with the same sad stone.

It is not that investors don’t believe the official story; there is no official story. The Central Bank of Venezuela announced the extraordinary move in a short memo, in Spanish, that is entirely silent on the regime’s reasons.

So speculators speculated wildly. Did Chavez need collateral to secure his loans from China? Did he plan to steal the treasure if he lost the 2012 presidential election? Was Venezuela about to devalue its currency? Does Venezuela believe that, like Ethiopia, some of its holdings are actually gold-plated steel? Was he following the lead of ideological forebears, the Spanish communists, who, in the 1930s, shipped their nation’s entire gold reserves to Moscow to keep them from Franco? Every sleuth had a different theory.

Veteran observers of Venezuela’s central bank were equally puzzled. Reached on the streets of Caracas, economist Richard Obuchi bluntly told me: “I can see no economic reason for this move.” Moving vast stores of gold away from world markets, especially at a time when gold is testing new highs, he added, just doesn’t make sense.

The mystery only deepens the more one thinks about the costs and risks. An insurer, if one can be found, could easily charge 4% of the market value of the stockpile, plus security and shipping charges. All told, that could be almost $100 million. And moving the gold will almost certainly lower Venezuela’s credit rating, which Moody’s Investors Service puts at B2–well into junk-bond status. Standard & Poor’s also rates the nation’s creditworthiness as junk. Making Venezuela’s government assets more opaque will only lower their value. So shipping bullion makes matters worse and means Venezuela will pay even more in borrowing costs.

Don’t forget the risks. A bold pirate could seize tons of gold in a single brazen raid. Or a storm could take it to the muddy bottom of the Atlantic.

So why is Chavez moving his gold? What’s the strongman’s real reason?

First, some facts. Venezuela was once a growing economy that exported food, welcomed and rewarded foreign investment, and maintained the rule of law. Twelve years into Chavez’s socialist experiment, the South American nation imports food. Indeed, food imports have risen 442% over 2003 levels. Nationalizing farms and food distribution firms has meant long lines at supermarkets with half empty shelves due to the constant shortages of basic goods, including corn, coffee and sugar. Since 1999, Chavez’s troops have seized some 2.5 million hectares of land; only 50,000 hectares remain in use. Under the gaze of government managers, these lands have not become more productive.

Foreign investors are harassed and work under the ever present threat of expropriation. Coca-Cola, PepsiCo, McDonald’s, Wendy’s, ExxonMobil, ConocoPhilips and more than a dozen other publicly-traded American companies have seen their assets seized. The total value seized tops $23.3 billion, according to Ecoanalítica, a Caracas-based research firm. Since 2007, the rate of nationalizations has climbed 924%, according to Coindustria, the equivalent of Venezuela’s chamber of commerce. The World Bank, in its 2011 Doing Business Report, finds that Afghanistan is a better place to do business than Venezuela.

Meanwhile, a Spanish judge has found that Chavez’s regime is linked to two terrorist groups, ETA in Spain and the FARC in Colombia. When Walid Makled, a drug lord with family roots in the Palestinian territories, was arrested in Colombia, he admitted to paying some $40 million to the Chavistas. He is also suspected of financing terror plots.

Finally, at the World Bank’s International Center for Settlement of Investment Disputes (ICSID), American and European companies have filed at least 18 claims against Venezuela for illegally seizing their properties. Those claims total more than $14 billion.

The value of Venezuela’s overseas gold reserves? Roughly $12.3 billion.

So let’s connect the dots and solve the mystery of the moving gold.

Chavez knows that ExxonMobil and ConocoPhilips will eventually prevail before the World Bank’s arbitration panel and win roughly $14 billion in compensation. If Chavez balks at paying his debts, court orders could be secured to seize Venezuela’s only real asset under American and European control–the gold in their vaults.

Even if Chavez could somehow hold the World Bank at bay, the growing evidence of human rights abuses and links to international terrorism boosts the likelihood of international sanctions. And the most effective sanction is holding Venezuela’s gold reserves until it reforms.

So Chavez is moving his gold to continue to cheat American shareholders out of their just compensation for their looted lands, plants, and oil fields as well as to continue to punish his own people with his miserable misrule.

Now consider the role of the Obama Administration. It has steadfastly refused to criticize the theft of billions of dollars worth of American property in Venezuela, let alone impose sanctions. Secretary of State Hillary Clinton warmly greeted Chavez at a recent summit in Brazil. When reporters ask about the beleaguered American shareholder, the “on-background” guidance is always the same: the World Bank arbitration panel would put everything right. Let the process work. And so on.

So, when Venezuela announced one of the largest physical movements of gold in world history, the Obama Administration didn’t worry. Just routine. Nothing to see here, folks. The World Bank will straighten it all out.

Last week, Chavez’s regime began to formally withdraw from ICSID, the 157-member international body that will likely rule against him. Venezuela became a signatory State of the ICSID Convention in August 1993. Now Chavez is leaving before he gets stuck paying the tab for his illegal seizures. The Obama Administration, which was counting on the ICSID to do its work, is left holding an empty bag.

What does the Obama Administration say now? Crickets.

ExxonMobil’s shareholders can join Chrysler’s bondholders on Obama’s enemies list. If that seems a tad harsh, consider this: When made to choose between millions of American shareholders and one South American dictator, the Obama Administration chose Chavez.

Why is the Obama Administration sitting in paralyzed silence while Chavez removes himself from international accountability? Is it perceived ideological comradeship, a loathing of investors, simple dereliction of duty or some other reason? Now that is a mystery.

 
Sep
13
2011
Posted by
editor
Comments

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.