2012: $10
Billion: Hugo Chavez’s Win, EXXON’s Rex Tillerson’s Loss
In the 1990’s Venezuela announced incentives for oil
companies to develop the Orinoco Oil Belt. Royalty payments were reduced from
16.7% to 1%. The operations were to be joint ventures with PDVSA with the oil
companies having a majority (51%) share.[1] Four projects were established by
Chevron (US), BP(British), Total (France), Statoil (Norway) and EXXON (US).
By 2007, the four projects were producing about 620,000 BPD
of crude oil [1]. The projects were very profitable with Chevron estimating its
margin at $24 per barrel [2] The Venezuelan government decided that the companies
no longer needed “incentives” to develop the Orinoco fields. The companies were
given until June 27,2007 to agree to new terms. The joint ventures were to be
converted to 60% ownership by PDVSA from 51% ownership by the companies.[2]
Royalty payments were to be increased to 33% from 1%. Chevron, Stahtoil, BP and
Total signed agreements. Chevron estimated that its margin would be $13/barrel.
[2]
EXXON refused and was asked to cease operations and leave
Venezuela. Exxon’s field operations were taken over by PDVSA. The parties began
negotiations for compensation for the value of EXXON’s investments. EXXON asked
for a ruling from The World Bank’s Centre for Settlement of Investment Disputes
(ICSID).[3] The US State Department issued a statement that it “fully supported
the efforts of EXXON”. [5] The Washington Post editorialized: “Two
cheers for ExxonMobil…In standing up to Mr Chavez."[6]
Exxon’s CEO was Rex Tillerson. In 2006, EXXON was the
largest corporation in the world with revenue of $340 billion/year-about double
Venezuela’s GDP. EXXON claimed $12 billion in compensation. EXXON’s large
arbitration claim was also expected to have an effect on other countries since
the claims showed that governments needed to think carefully before doing
anything that EXXON did not like [2].
The final ICSID ruling
was for compensation of $1.6 billion.[4] Exxon’s loss was seen by developing
country governments as an important victory [7]
1.Venezuela Increases Taxes,
Plans Increased Control over Orinoco Oil, Venezuelanalysis, August
30, 2006.
2. Boue, Juan C., Enforcing
Pacta Sunt Servanda? Conoco-Phillips and Exxon-Mobil Versus the Bolivarian
Republic of Venezuela, Journal of International Dispute Settlement, 2014
3. Stein, Kenneth, Exxon-Venezuela
arbitration dispute: Next Steps and Impact on Future investor-state disputes
under ICSID, Journal of World Energy Law and Business, 2011.
4. Reuters, Venezuela Ordered
to Pay Exxon $1.6 billion for nationalization, October 9, 2014
5. Economic Times, US Court
backs ExxonMobil in spat with Venezuela’s oil firm, February 14, 2008
6. Washington Post, Mr Chavez’s
Bluff, ED, February 15, 2008
7. Weisbrot, Mark, Venezuela’s
OPEC Stand is a win for Climate Change Campaigners, Venezuelanalysis,
March 6, 2012.
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