Sun, Feb 10, 2008 - Page 5 News List

Venezuela to appeal ruling on PDVSA

'HARASSMENT' Caracas said that it would fight energy giant ExxonMobil's legal salvos and that the court orders would not affect the state oil company's operations

AFP , CARACAS

Venezuelan Energy Minister Rafael Ramirez said on Friday that the government would not be "intimidated" by ExxonMobil of the US in a legal spat tied to the nationalization of key oil fields.

Ramirez spoke a day after the US energy giant said it had won international court orders freezing US$12 billion in the worldwide assets of Venezuela's state oil firm, Petroleos de Venezuela (PDVSA), as it seeks compensation related to the nationalization push.

"We will not be harassed in this way. It's an aggressive strategy, but we won't be intimidated," Ramirez told reporters.

ExxonMobil, one of the world's largest oil companies, said it had won court orders in London, the Netherlands and Netherlands Antilles freezing PDVSA assets in those jurisdictions of up to US$12 billion.

A New York court has also frozen US$300 million of the state oil firm's assets.

Ramirez denied that any of PDVSA's assets had been blocked.

"It's completely wrong to say they've been frozen, there has been no definitive decision," he said.

"Its a precautionary measure ... to which we have the right to respond," he said, adding that PDVSA was preparing its case before the court, where "we feel certain we'll quash that measure."

PDVSA said it planned to file its appeal in court by the end of the month.

The escalating legal fight pitches one of the US' most powerful and wealthy corporations against the leftist government of Venezuelan President Hugo Chavez. Venezuela is also a member of the OPEC.

Ramirez said Venezuela would fight ExxonMobil's legal salvos and said the oil firm's actions would not affect PDVSA's operations.

"We are respectful of the courts and have faith in them," he said.

As for ExxonMobil, Ramirez said: "It's not possible to talk to them."

The court orders will have "a minimum impact on [PDVSA's] day to day operations, as well as its near term credit quality and financial flexibility," Fitch international ratings agency analyst Carlos Fiorillo said by telephone.

"The order in and of itself does not prevent PDVSA from transacting business, and from a practical perspective transferring assets, given its total consolidated asset base of more than 92 billion [dollars]," he said.

ExxonMobil has sought compensation from Venezuela through international arbitration after pulling out of the country when the Orinoco oil fields were nationalized and it lost its stake in sizeable oil projects.

Chavez's government approved a law in June of last year forcing multinationals to transfer at least 60 percent of the capital in their Venezuelan operations to PDVSA.

ExxonMobil and rival US company ConocoPhillips both refused and withdrew from Venezuela, which supplies significant oil shipments to the US.

Ramirez said new contracts associated with the oil fields' nationalization could not be addressed through international arbitration.

Chavez has said Caracas would pay compensation to the multinational companies based on the book value for the nationalized assets, and not on current market prices.

ExxonMobil has plenty of cash to wage an international legal contest.

Earlier this month it reported the biggest annual profit in US corporate history of US$40.6 billion last year, largely from surging crude oil prices.

The oil firm has been seeking international arbitration through the International Center for Settlement of Investment Disputes, an autonomous body within the World Bank which works to resolve disputes between governments and foreign private investors.

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