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

At least three consortiums have submitted improved bids at the last minute in an auction of shares of Citgo Petroleum, the parent company of Venezuelan-owned Citgo Petroleum. This could increase the price of the refiner that is the seventh-largest in the United States.

The Delaware court officer who oversees the auction will recommend a winner by Wednesday, unless he asks for more time to review the revised bids that were permitted through Tuesday.

The auction was organized by the court in response to an eight-year old case Crystallex, a Canadian miner, filed against Venezuela in Delaware. 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.

After a series of delays, a second round of bidding initiated this year will be completed shortly when a winner has been selected. However, results may be delayed until the evaluation of all improved bids. The final hearing for the results has been set for August 18

The round began in March with a $3.7 billion bid from Red Tree Investments of Contrarian Funds. This included a $2 billion agreement for the payment of holders who had defaulted on Venezuela bonds. In April, rivals began to make their bids.

According to court documents and sources, rival bidders included a consortium headed by commodities house Vitol and a subsidiary of Gold Reserve, Rusoro Mining, and conglomerate Koch.

Amber Energy, an affiliate of Elliott Investment Management, also considered a bid. However, it is unclear whether it made a revised offer in the "topping period", which ended on June 18, but allowed for revisions to be made up until July 1.

Robert Pincus, a court officer who oversees the sale of assets, said last month that the recent resolutions of parallel legal proceedings pursuing the same assets encouraged new bids.

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 elsewhere to creditors.

Leonard Stark, a Delaware judge, has allowed parties representing Venezuela the opportunity to make an offer. The boards that supervise the refinery 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's parent company, the Caracas state-run oil firm PDVSA, cut its ties to Citgo in 2019. Venezuela is now struggling to find markets for its oil. The Houston-based refiner turned to other crude sources.

Venezuela's opposition has been lobbying Washington and funding legal defenses to keep Citgo for years. 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. Yes.

If they are not satisfied with the results, creditors who rejected the result of the bidding round in the past due to the conditions set by Elliott's affiliate Amber Energy can file objections.

The U.S. courts can continue the parallel cases that have so far not made significant progress in enforcing bond-related claims, or proving that PDVSA U.S. subsidiary should be responsible for Venezuela's obligations, a step necessary 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 between $11 billion to $13 billion in the Delaware case.

The refiner's recent poor performance, which includes a loss that dropped to $305 millions last year, from $2 billion by 2023, may affect its valuation.

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

(source: Reuters)