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Venezuelan opposition asks Trump to shield Citgo

  • Spanish Market: Crude oil, Oil products
  • 31/07/19

Venezuela's shadow government is appealing to the White House to issue an executive order aimed at protecting US refiner Citgo from falling into the hands of a leading creditor.

The petition is a last-ditch effort by the putative interim government of Juan Guaido to keep defunct Canadian mining company Crystallex, owned by US hedge fund Tenor Capital Management, from acting on a 29 July US appeals court decision. That ruling ratified the plaintiff's argument that Citgo is an alter ego of the Venezuelan government, opening the door for an auction to fully satisfy its $1.4bn claim.

"Citgo is not lost," said Alejandro Grisanti, a member of the Guaido-appointed "ad hoc" administrative board in exile of Venezuela's national oil company PdV, the parent firm of Citgo. "Monday's announcement is a clear setback, but there are still many legal, political and licensing, etc. resources that can be applied."

"An executive order from President Trump has been requested to protect the country's assets on American soil. ‘For now' this has not been granted because it is understood that the sanctions protect the Venezuelan assets", he said.

The exception are PdV 2020 bondholders who already have a US government license, he said.

In a lengthy statement this afternoon the Guaido-led government said it is pursuing legal appeals, while asserting that Crystallex cannot immediately take action on the US court ruling because the assets are protected by US sanctions.

The outlook for overturning the ruling or taking it to the Supreme Court looks dim. "There is no chance in the world the case will be taken up in court again," a financial sector executive who has followed the case closely told Argus. "The opposition's arguments were bad and they have no Plan B."

There was no immediate US government comment on the possibility of issuing an executive order. A senior US administration official told Argus that the White House would rather stay out of the fray, but it still needs time to decide.

"As with the Chevron decision, there are sharp differences of opinion between those who want to focus on regime change versus those who are concerned with the economic interests of US corporations," the official said.

Citgo is a major corporation and the US arguably does have interests in preserving it, the official said, adding that among the time-buying options is for Citgo to file for bankruptcy.

According to a November 2018 academic paper issued by Lee Buchheit and Mitu Gulati referencing the Iraqi debt crisis and parallels with Venezuela, "the Executive Branch of the U.S. Government has the legal power to facilitate a foreign sovereign debt restructuring in cases where an orderly resolution of the sovereign's debt difficulties is in the national security and foreign policy interests of the United States."

Buchheit was named as the opposition's debt adviser in May 2019.

Crystallex is among a handful of companies that won international arbitration cases stemming from Venezuelan government asset seizures, but have not been able to fully collect the designated compensation from Caracas. Around $800mn is left to pay on the Crystallex claim after Venezuela made partial payments amounting to around $400mn.

A lucrative target

Citgo, the fifth-largest US refiner with 750,000 b/d of capacity, is Venezuela's most valuable overseas asset and a legacy of the Opec country's 1980s overseas drive to ensure commercial outlets for its heavy oil. The company has been the target of Venezuela's myriad creditors for years.

The government of President Nicolas Maduro, whom the US and some 50 other western countries no longer recognize as head of state, regularly tapped Citgo for dividends. In 2016, PdV issued a bond swap secured by 50.1pc of the shares in Citgo's Delaware-based parent company. The holders of the resulting PdV 2020 bonds are lobbying to stop Crystallex from auctioning Citgo and to keep the refiner in Venezuelan state hands in anticipation of a comprehensive debt restructuring involving all creditors.

The other 49.9pc of Citgo's shares are collateral on oil-backed credit issued to Venezuela by Russia's state-controlled Rosneft.

Venezuela's exiled technocrats maneuvered in US courts and the Washington Beltway to retain Citgo since shortly after Guaido declared his interim presidency in January. In mid-February, Guaido named "ad hoc" administrative boards to PdV and its US subsidiaries to protect the asset. The move was overshadowed a week later by a botched US-backed aid campaign and a stillborn 30 April military uprising in support of Guaido.

In May, the US-backed opposition took a gamble by paying $72mn in interest on the PdV 2020 bond, arguing that the Maduro government would have defaulted because of US sanctions. Up to that point, the PdV 2020s stood out as the only Venezuelan bond that was still current. The funds for the opposition payment came from PdV's frozen US accounts released by the US Treasury.

Guaido's advisers are seeking US Treasury sanctions clearance to negotiate a delay in paying $842mn in principal on the PdV 2020 bonds due in October. By then, Crystallex could move to auction Citgo, unless the US government steps in to temporarily halt the sale. In the same month of October, the White House will decide whether Chevron gets another extension on its waiver to operate in Venezuela.

In a sidebar to the crisis, the opposition statement asserted that Jose Ignacio Hernandez, Guaido's ad hoc attorney general, had recused himself from the Crystallex case as he had testified on behalf of the company before he joined the exile administration.

The Citgo case is unfolding just as US election season gets into full swing, but for now the Venezuelan cause has fallen into the margins of US politics. An opposition-led campaign for protected status for Venezuelan migrants passed the US House of Representatives this month but was not taken up by the Senate before its recess period.


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07/11/24

US extends oil service firms' Venezuela waiver

US extends oil service firms' Venezuela waiver

Washington, 7 November (Argus) — The outgoing administration of US president Joe Biden extended authorization for oilfield services companies Halliburton, SLB, Baker Hughes and Weatherford to continue working in Venezuela until 9 May 2025. The waiver allows the service companies to pay their staff and maintain limited operations, but it prevents them from drilling new wells or otherwise contributing to state-owned PdV's production and exports. The Biden administration reimposed sanctions on Venezuela's oil sector in April, after a six-month reprieve. The sole exemption is a waiver for Chevron allowing it to import oil into the US from its joint venture with state-owned PdV. US crude imports from Venezuela averaged 212,000 b/d in January-August, US Energy Information Administration data show. Chevron's Venezuela output has stood at about 200,000 b/d. Neither president-elect Donald Trump nor his campaign addressed the Venezuela sanctions regime or indicated if they would change it. Republicans in Congress ahead of the election called for the Chevron exemption to be revoked. The Biden administration separately extended a prohibition for holders of $3.4bn in PdV 2020 bonds guaranteed by 50.1pc in US refiner Citgo's holding company to exercise their claim, this time until 7 March 2025. The PdV bondholders in theory hold a superior claim to Citgo Holding — a legal entity that directly owns Citgo and, in turn, is owned by Citgo parent company PdVH. A federal court in Delaware recently oversaw an auction of PdVH shares that yielded a $7.3bn bid from a company backed by investors including Elliott Investment Management. Legal wrangling over the bids and the distribution of auction proceeds is likely to keep Citgo ownership unresolved in the near term. By Haik Gugarats Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

Mexican peso plummets on Trump win


06/11/24
06/11/24

Mexican peso plummets on Trump win

Mexico City, 6 November (Argus) — The Mexican peso fell sharply against the US dollar as markets priced in potential retaliation against Mexico following former president's Donald Trump's victory in the US presidential election. "A Republican Senate majority and potential House win raise the chances of Trump's radical reforms, which could hurt Mexico's economic dynamism," said a financial analyst from Mexican bank Monex in a note today. The peso initially dropped around 3pc to Ps20.71/$1 early today, hitting a two-year low before recovering to Ps20.20/$1 by midday. The peso may weaken further, as Mexico is vulnerable to tariff hikes amid strained relations over issues like immigration and the opioid crisis, according to a desk report from a major Mexican bank. Trump repeatedly threatened tariffs on Mexico during his presidential campaign, most recently pledging a 25pc tariff on all Mexican imports unless President Claudia Sheinbaum's administration launches a severe crackdown on Mexico's drug cartels, which ship fentanyl and other drugs across the border to the US. Recent constitutional amendments in Mexico, including judicial reforms and proposed eliminations of independent regulators, may also add downward pressure on the peso, according to the report. "The government's goal to direct private-sector involvement could limit market forces," it noted. Mexico's state-owned oil company Pemex typically offsets peso depreciation due to its dollar-denominated oil export revenues, which help cover increased import costs. "Pemex's exports and domestic sales are tied to international hydrocarbon prices, providing a natural hedge," the company stated in its most recent report. Still, analysts warn that Pemex's focus on domestic refining over crude exports could erode this hedge, leaving it more exposed to foreign exchange swings on USD-denominated debt. By Édgar Sígler Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

Cop 29 finance talks need leadership after Trump win


06/11/24
06/11/24

Cop 29 finance talks need leadership after Trump win

Edinburgh, 6 November (Argus) — Donald Trump's US presidential election victory will likely affect finance negotiations during the UN Cop 29 climate summit starting next week, but the US can still play a role while other developed countries step up to the plate, according to observers. Key negotiations at Cop on a new finance goal for developing nations, the so-called NCQG, could be "severely undermined" by Trump's victory, as the prospect of Washington withdrawing from the Paris Agreement may discourage other countries from engaging with US officials, non-profit IISD's policy adviser Natalie Jones told Argus . Trump pulled the US out of the Paris Agreement during his last term in office, calling it "horrendously unfair", and he has signalled he will do so again. "This could potentially weaken ambitions" at Cop 29, but it is unlikely to derail negotiations, Jones said. Observers agree that the US can still play a role in talks on the new finance goal, a key topic at this year's summit. Parties to the Paris deal will seek to agree on a new finance goal for developing nations, following on from the current $100bn/yr target, which is broadly recognised as inadequate. "The Biden administration still has a critical window to support vulnerable nations' calls to mobilise climate finance and deliver a strong climate target," civil society organisation Oil Change International's US campaign manager Collin Rees told Argus . The Biden administration's delegation, which will still take part in Cop 29, will not change position at this stage, according to Jones. And the US could continue to show some leadership, she said, adding that Washington likely intends to release its 2035 Nationally Determined Contribution (NDC) early. Countries' new climate plans must be submitted to the UN climate body the UNFCCC by February 2025, but the US could release its NDC at Cop 29 before Trump takes power early next year, she said. "President Biden must do everything he can in the final weeks of his term to protect our climate and communities," including on fossil fuels, Rees said. The prospect of Trump pulling the US out of the Paris accord could cause initial anxiety at Cop 29, Climate Action Network executive director Tasneem Essop said. But "the world's majority recognises that climate action does not hinge on who is in power in the US". "As we saw before and will see again, other countries will step up if the US reneges on their responsibilities and stands back," Essop said. Trump's victory might also present the EU with an opportunity to strengthen its leadership among other developed countries, according to Jones. "It is really on the EU and other countries to step up now," she said. This is a view echoed by German Green lawmaker Michael Bloss, a member of the European Parliament's delegation at Cop 29. "Europe needs to become the adult in the room," Bloss told Argus . The EU cannot rely on the US anymore and must become a global climate leader to ensure success at Cop 29, he said. Meanwhile, Oil Change's Rees stressed that the NCQG is a collective goal. "Other major economies must now step forward to fill the gaps, much as they would have needed to in any scenario given how the US has long refused to pay its fair share," he said. By Caroline Varin and Dafydd ab Iago Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

Iran sounds alarm on gasoline shortage


06/11/24
06/11/24

Iran sounds alarm on gasoline shortage

Dubai, 6 November (Argus) — The new Iranian government has sounded the alarm on an emerging gasoline shortage that looks set to get worse unless new policies are introduced to clamp down on runaway demand growth. Presenting a draft budget for the Iranian year starting on 20 March 2025, Iran's President Masoud Pezeshkian criticised the existing gasoline rationing system, calling it one of the major hurdles for the proposed bill. Iran has, since 2007, allowed citizens to buy base levels of gasoline at subsidised prices and any additional at a higher price. But the system failed to cap demand and imports sufficiently. In the proposed budget the government has signalled plans to ease shortages, but increasing prices is not on the agenda. A cut to subsidies in 2019 sparked nation-wide protests . "Today the cost of [producing] gasoline — which includes refining costs, transportation costs, and gas station maintenance costs — is about 8000 tomans (80,000 rials)," Pezeshkian said. But consumers only pay 7.5pc of the actual price of gasoline, according to Iran's oil ministry. Iran's gasoline consumption has reached a record high of around 750,000 b/d in the first seven months of the Iranian year that began on 20 March, according to the ministry. Domestic refinery capacity of 670,000 b/d has been unable to satisfy this. To bridge the gap Iran has turned to imports, which has not been easy for the heavily sanctioned country that buys the fuel at market prices. "Around 90 trillion tomans [$1.3bn at the free market rate] was spent to import gasoline this year, which could be increased to 130 trillion tomans [$1.9bn] next year if the [demand growth] trend continues," Pezeshkian warned. Supply-side response If Tehran is unwilling to raise pump prices it will have to add more supply. Work in underway to bringing online an additional fourth train at the Persian Gulf Star (PGS) condensate splitter, and on a 60,000 b/d splitter that made up just one part of the now shelved Siraf project. Consultancy FGE expects these projects to be commissioned by the end of 2025 or early 2026 and "potentially close the gap." The newly-appointed head of state-owned refining company NIORDC, Mohammad Sadegh Azimifar, said using CNG-powered vehicles could reduce the need for more gasoline production. "There are good legal capacities in the country for the development of CNG, including the approval of the energy optimization fund," he said. But CNG has lower mileage and energy content, and CNG filling stations are beset with long queues. "If you have a CNG car, you can only drive it for a day and one will have to wait in long queues to get it refilled, only for it to last for another day", said FGE's Middle East managing director Iman Nasseri. Iran has sufficient reserves of natural gas and LPG, but both of these failed to emerge as a good alternative fuel, he said. The Pezeshkian administration has repeated calls to increase use of public transport and modernise the country's vehicle fleet. But metros and buses are being utilised at maximum capacity and private vehicles are a favourable option in a country with the second-most discounted fuel prices in the world, Nasseri said. Iran is yet to tackle rampant fuel smuggling, with market sources indicating gasoline continues to be illegally shipped to neighbouring countries like Pakistan, Afghanistan and Kazakhstan. Earlier this week, authorities seized around 220,000l of smuggled fuel in several warehouses in Mashhad. While the administration strongly rebukes subsidies, with new vice president Mohammad Reza Aref calling them "unreasonable", they continue to look at solutions that does not include any increase in retail prices, in fear of a repeat of the 2019 protests. But with a lack of infrastructure to capitalize on CNG and limitations in public transportation system, the government may have no choice but to reconsider. By Rithika Krishna Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

Iraq proposes doubling payment for KRG crude


06/11/24
06/11/24

Iraq proposes doubling payment for KRG crude

Dubai, 6 November (Argus) — Iraq's government has proposed doubling the amount it pays the Kurdistan Regional Government (KRG) for crude production and transportation costs, as it seeks a compromise aimed at resuming exports from the semi-autonomous northern region. The government on 5 November approved an amendment to the three-year budget passed in 2022, setting compensation at $16/bl. But this remains $10/bl below the KRG ministry of natural resources' calculation of production costs in contracts it signed with international oil companies (IOCs) operating in Iraqi Kurdistan. "The KRG is not yet on board with the new arrangement," a senior Iraqi source with knowledge of the matter told Argus . Another source, with knowledge of IOC thinking, described the move as "a positive development" and said companies are "waiting to see what the Iraqi parliament decides." Parliament must ratify the amendment. The amendment stipulates "production and transportation costs for each field will be estimated fairly by an internationally specialised consulting entity" to be selected mutually by Iraq's oil ministry and the KRG's ministry of natural resources within 60 days. "If no agreement is reached within this period, the Federal Council of Ministers will determine the consulting entity," the government said. Parliamentary finance committee member Narmin Maarouf said the decision is "an important step to resolve one of the outstanding issues between the Kurdistan region and Baghdad." Iraqi prime minister Mohammed Shia al-Sudani has been working on a middle ground agreement that would allow it to pay IOCs operating in Kurdistan in return for a compromise with the KRG and the IOCs over the recovery cost for oil produced in the region. In this case, the KRG has to hand over its crude oil production to state-owned marketing firm Somo. A senior Iraqi government official said told Argus the result of the US presidential election may shift things in Iraq, "but the decision is clear, the Iraqi government wants to solve the issue." Around 470,000 b/d of crude exports from Kurdistan have been absent from international markets since March 2023, when Turkey closed the pipeline linking oil fields in northern Iraq to the export terminals at Ceyhan. That followed an international tribunal ruling that said Ankara had breached a bilateral agreement with Baghdad by allowing KRG crude to be exported without the federal government's consent. Iraq's federal government is finding it difficult to strike a balance between repairing its rift with the KRG and complying with its Opec+ commitments. But the KRG "cannot immediately resume exporting around 400,000 b/d," the Iraqi source said. By Bachar Halabi Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

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