(Reuters) - A World
Bank arbitration tribunal on Thursday ordered Venezuela to pay Exxon Mobil Corp about $1.6 billion
to compensate for oil nationalization in 2007, though state oil company PDVSA
expects to eventually pay closer to $1 billion.
Venezuela's socialist government
hailed the long-awaited decision as a victory for its "sovereignty,"
given the U.S. multinational's hope for a much larger award in a compensation
case typical of the sweeping nationalizations under the late Hugo Chavez's
14-year rule.
Still, the decision by the
International Centre for Settlement of Investment Disputes' (ICSID) comes at a
delicate time for cash-strapped Venezuela, already
struggling with a sluggish economy, rampant
inflation and looming bond payments.
Venezuela said it would pay the
award, only after deducting a previous Exxon award from the Paris-based
International Chamber of Commerce (ICC) of $908 million.
A source at state oil company PDVSA
familiar with the case told Reuters that, factoring interest into the
ICSID-ordered compensation, the final amount would be reduced to roughly $1
billion. PDVSA took over Exxon's operations under the nationalization.
"The award is a triumph,
without doubt," said the source, adding PDVSA would pay as of November,
after servicing its roughly $3 billion 2014 bond. The source asked not to be
identified because he is not authorized to speak publicly.
Exxon also claimed the upper hand.
In a brief statement, the world's
largest publicly traded oil company said the decision vindicated its view that
Venezuela failed to compensate it fairly at the time. The company had been
seeking roughly $10 billion in compensation.
Exxon added it held extensive
discussions with PDVSA and the government but was unable to reach agreement on
fair compensation.
CHAVEZ-ERA TAKEOVERS
The ICSID decision relates to the
expropriation of the Cerro Negro project, the La Ceiba project, as well as
"production and export curtailments" imposed on the Cerro Negro
development in 2006 and 2007.
"The Tribunal has found that
the expropriation was conducted in accordance with due process," ICSID
said on its website.
"The most important part of the
decision is that the arbitration tribunal rejects the alleged 'illegal' nature
of the expropriation," said Carlos Bellorin, petroleum analyst at IHS,
meaning the compensation only reflects the value of the assets, not alleged
damages and prejudice caused.
"However, it is presumed the
calculation method was not the one Venezuela suggested," he said. Each party
will cover its own costs and counsel fees, ICSID said. The tribunal said it had
no jurisdiction over "the claim arising out of the increase in the income
tax rate for the participants to the Cerro Negro Project."
Venezuela is facing more than 20
arbitration cases over the Chavez-era nationalizations.
Many of the companies nationalized
deemed the takeovers unlawful expropriations. Proponents of the
nationalizations argue commodities-rich Venezuela should have the right to
administer its own resources to try to improve living standards.
Several analysts said Venezuela had
mostly dodged the bullet this time, but that other cases may prove trickier.
ConocoPhillips has brought the biggest case to date against
Venezuela, in 2007, seeking $30 billion in compensation.
A partial decision in 2013
determined Venezuela failed to act in good faith or properly compensate ConocoPhillips for three big oil assets. A final decision is
expected soon.
Cash-strapped PDVSA appears to be
seeking to sell Citgo Petroleum Corp, its U.S. refining unit which would be a
welcome injection of liquidity for the company and the government.
(Additional reporting
by Marianna Parraga and Anna Driver in Houston; Editing
by Andrew Cawthorne and Richard Chang)
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