A group of bondholders is urging the White House to untie its hands in an increasingly acrimonious struggle with Venezuela's political opposition over US refiner Citgo, the Opec country's most valuable international asset.
In a statement today, the Venezuela Creditors Committee (VCC) said a 28 October lawsuit by an opposition-appointed board in exile of Venezuelan national oil company PdV is "tantamount to a repudiation" of the company's obligations.
The opposition lawsuit was filed in New York Southern District against two trustees of PdV 2020 bonds that are collateralized by 50.1pc of the shares in Citgo's parent. The objective of the legal action is to obtain a declaration that a 2016 swap that led to the issuance of the overdue 2020 bond is invalid.
The lawsuit came as a surprise to the bondholders, as it was filed on the heels of a 24 October White House order that blocked them from exercising their right to the PdV 2020 collateral of Citgo shares for a 90-day period, ending 22 January 2020.
The US government action was widely seen as an effort to get both sides to reach a consensual agreement on the controversial bond, which had been the only Venezuelan debt not in default until a $914mn principal and interest payment was missed on 28 October.
The "ad hoc" administrative board of PdV was named by Juan Guaido, the Venezuelan opposition leader who is recognized by more than 50 Western nations as the country's interim president. While the US government gave its blessing to Guaido's administrative control over Citgo after he declared his interim presidency on 23 January, PdV itself is still controlled by Venezuela's incumbent president Nicolas Maduro, who has resisted a 10-month US-backed campaign to oust him. Maduro is still recognized as Venezuela's head of state by the UN, as well as Russia, China, Turkey and Cuba, among other nations.
In its statement today, the VCC said the Maduro opponents' legal actions "stand in stark contrast to their commitment to an orderly and consensual renegotiation of Venezuela's public external debt" that they had pledged to fulfill in debt guidelines issued three months ago.
The ad hoc PdV board and Guaido's debt committee have not responded to today's VCC statement.
The committee added that the lawsuit was "unnecessary" because in the months prior to the October missed payment deadline, it offered on "numerous occasions to facilitate a consensual refinancing" of the 2020 Bonds with the express purpose of ensuring that Venezuela could preserve its ownership of Citgo pending a consensual restructuring of Venezuela's public external debt. But the Guaido government declined to acknowledge or respond to the offer of assistance, the committee said.
The VCC goes on to reject the Guaido board's argument that the debt is invalid because the 2016 swap lacked approval by the opposition-controlled National Assembly, and calls on the Guaido team to reverse course if it wants an orderly and consensual outcome.
"If the Guaido Government is intent on seeking the nullity of the 2020 Bonds, then it is only fair that the holders of these Bonds be able to defend and pursue their rights in full," the VCC said. "US policy should not support the repudiation of debt nor deprive a party of its ability to defend its interests while a dispute is before US courts."
The battle over Citgo is escalating as Guaido loses political support inside Venezuela, where Maduro has clung to power in spite of a severe economic hardship that his allies blame on US sanctions.
The main opposition coalition led by Guaido is lobbying for tighter sanctions by the US and the EU to pressure Maduro to step down.
The US imposed oil sanctions on Venezuela in late January, days after Guaido emerged as leader of the opposition movement that has since fragmented and lost momentum amid rising frustration. Guaido has called for a mass mobilization in Venezuela on 16 November, but it is not clear that he has enough support to muster a turnout on the scale that Venezuela witnessed in the weeks after he declared his authority.
