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Q&A: Is Venezuela on the verge of losing its prized foreign asset, Citgo?

Gold Reserve's $7.38bn bid was selected by a U.S. court as the winning bid.

Preliminary winner

After intense competition, Citgo Petroleum (owned by Venezuela) held an auction for its parent company.

Robert Pincus is the court officer who oversees this auction. He made his recommendation Wednesday, after evaluating five bids submitted during the "topping period" of the bidding rounds, which was completed at the end of June.

The auction is a result of a case Crystallex, a Canadian miner, filed in Delaware eight years ago against Venezuela. Citgo Holding's parent company, PDV Holding was found liable by the federal court for Venezuela's past debts and expropriations. This allowed over a dozen creditors to seek compensation for nearly $19 billion.

If Judge Leonard Stark, after a series of delays, approves the bid in the next month's court hearing, it is likely that this year's bidding round will be concluded soon. The final results hearing is scheduled for August 18. In March, a $3.7 billion bid from Red Tree Investments of Contrarian Funds kicked off the round. This included a $2 billion agreement for payment to holders of defaulted Venezuela bonds. In April, rival bidders began to make their offers. According to court documents and sources, rival bidders include the group led Gold Reserve's Dalinar Energy Corporation, a consortium led Black Lion Capital Advisors and a group headed by commodities house Vitol.

The court did not reveal the names of some bidders, and certain offers that were received did not meet eligibility requirements.

Pincus said that the recent resolutions of parallel legal actions in pursuit of the exact same assets encouraged new bids.

Gold Reserve, despite its winning bid being lower than other offers, covered 11 of 15 creditors at the auction and included its own claim of $1.18 billion for expropriation assets in Venezuela.

Compensation would be provided for pending claims from oil company ConocoPhillips and miners Rusoro, Crystallex, and conglomerates Koch OI Glass, Siemens Energy, and Siemens Energy. Gold Reserve's offer didn't include an agreement to compensate holders of Venezuelan defaulted bonds, which, according to analysts and bidders, could delay or interfere in the distribution of auction profits.

What could be the possible loss for Venezuela?

Venezuela would lose its largest overseas asset if it fails to retain equity in the refinery and its U.S. parent companies. With a foreign debt of $150 billion, the country has already lost assets in Europe, Asia, and South America to creditors. Judge Stark left the door open for Venezuelan parties to make an offer. Boards supervising refiners would have to get the backing of politicians from both Caracas as well as Washington. This is a difficult task given the U.S. sanctions against the OPEC nation, and the strained relationship between the two countries.

Prior to the sanctions, Citgo's 807,000-barrel-per-day refining network was a primary processor of Venezuela's heavy sour crudes. Citgo, the Houston-based refiner, has been relying on other crude suppliers since it severed ties with PDVSA in Caracas, Venezuela's state-run oil firm, which is Citgo's ultimate parent. Venezuela's opposition has been working for years to keep Citgo. They have funded legal defenses, and lobbied in Washington. Treasury Department must approve the winner of the auction. Treasury Department has protected Citgo in recent years from creditors.

Citgo, according to opponents of Venezuelan president Nicolas Maduro, could help the nation's economy recover if democracy was restored. Maduro officials rejected U.S. sanction and called the auction a robbery.

Can creditors claim post-auction compensation?

Yes. ConocoPhillips and Gold Reserve have taken legal action to seize Venezuelan assets such as tankers, bank accounts and PDVSA controlled storage facilities. If they are not satisfied with the results of the bidding round, which was won by Elliott Investment Management affiliate Amber Energy last year, the creditors can file objections. Other creditors can continue their parallel cases outside of the Delaware case, where they haven't made much progress in proving bond-related claims, or that PDVSA U.S. subsidiaries are liable for Venezuela's obligations, an essential step to pursue Citgo assets.

Three of the original 18 creditors cleared by the court have withdrawn due to mounting legal fees and uncertain prospects for recovery. Other participants, such as the owner of artifacts belonging to Venezuelan independence hero Simon Bolivar and a collector of Bolivar-related items, failed to meet all requirements set by the court.

All creditors will be compensated? Unlikely. Citgo's value was up to $13 Billion in the Delaware case. However, all bids have been below $11 Billion. Profits for the refiner dropped to $305 millions last year, down from $2 billion in 2020.

This suggests that some of the registered creditors who collectively claim $18,9 billion may not be eligible to receive any distributions.

(source: Reuters)