(Updates June 16 story with auction details in paragraphs 1,
3-5, 11 and 14-15)
By Marianna Parraga
HOUSTON, July 1 (Reuters) - A U.S. court has completed a
second bidding round in a auction of shares in the parent of
Venezuela-owned Citgo Petroleum after at least three consortia
submitted revised bids in June, raising creditors' hopes of
receiving payment for some of Venezuela's outstanding debt.
The court-organized auction for the seventh-largest U.S.
refiner stems from an eight-year-old case that Canadian miner
Crystallex initiated in Delaware against Venezuela. The federal
court found Citgo's parent, PDV Holding, liable for Venezuela's
debts and past expropriations, paving the way for over a dozen
other creditors to pursue compensation of nearly $19 billion.
The second bidding round was completed this year after a string
of delays. A $3.7 billion offer by Contrarian Funds' affiliate
Red Tree Investments, which included a separate $2 billion
agreement to pay holders of a defaulted Venezuela bond, was
selected in March as the starting bid. Rivals placed their bids
last month.
Companies that submitted rival bids included a group led by a
subsidiary of miner Gold Reserve ( GDRZF ) and a consortium led by
private equity firm Black Lion Capital Advisors, according to
court filings.
Elliott Investment Management's affiliate Amber Energy and
trading house Vitol also considered bids, but it remains unclear
if they submitted revised offers during the "topping" period.
That period ran from April 28 through June 18.
A court officer overseeing the auction, who last month said
new bidders could emerge right before the deadline to submit
offers, must make a recommendation on the auction's winner by
July 2. The judge and parties in the case are expected to attend
a final hearing about the sale process on August 18.
How big a loss could this be for Venezuela?
If Venezuela, which owns 100% of the refiner and its
U.S.-based parent companies, fails to retain some equity, it
would lose its most significant overseas asset. The country,
with foreign debt reaching $150 billion, has already lost other
assets in Europe and Asia to creditors.
Delaware Judge Leonard Stark has left open a possibility for
parties representing Venezuela to submit an offer. But boards
supervising the refiner would need to secure backing from
politicians in both Caracas and Washington, a challenge given
U.S. sanctions on the OPEC nation and otherwise strained ties.
Prior to the sanctions, Citgo's 807,000-barrel-per-day refining
network was a primary processor of Venezuela's heavy sour
crudes. Since Citgo cut ties with its ultimate parent,
Caracas-based state-run oil company PDVSA, in 2019, Venezuela
has struggled to find new markets for its oil, while the
Houston-based refiner has resorted to other crude suppliers.
Venezuela's opposition, which through its Congress majority in
2019 appointed the boards that now supervise the refiner, has
worked for years to retain Citgo, including funding legal
defenses and lobbying in Washington. The U.S. Treasury
Department, which has shielded Citgo from creditors in recent
years, must approve the auction's eventual winner.
Opponents of Venezuelan President Nicolas Maduro have said
Citgo could aid the nation's economic recovery if democracy is
restored. Maduro's officials have rejected U.S. sanctions and
called the auction the robbery of a sovereign asset.
Can creditors claim post-auction compensation?
Yes. Many creditors including ConocoPhillips ( COP ), which
holds the largest claims of almost $12 billion, and Gold
Reserve ( GDRZF ), have pursued legal action outside of the U.S. to seize
Venezuela-owned assets, such as bank accounts, tankers and
PDVSA-controlled storage facilities.
The creditors, who rejected the outcome of a bidding round last
year due to conditions imposed by the winner, Elliott's
affiliate Amber Energy, can submit objections if dissatisfied
with its results.
They can also continue parallel cases in other U.S. courts,
which so far have not significantly progressed to enforce
bond-related claims or prove that PDVSA's U.S. subsidiaries
should be liable for Venezuela's debts, a necessary step to
pursue Citgo's assets.
Accumulating legal costs and uncertain recovery prospects
led three of the 18 creditors originally cleared by the court to
withdraw. Others, including an owner of artifacts that belonged
to Venezuelan independence hero Simon Bolivar, did not fulfill
all court requirements to participate.
Will all creditors be compensated?
Unlikely. While Citgo was valued between $11 billion and $13
billion as part of the Delaware case, expectations are that the
auction will yield around $8 billion, factoring in potential
side agreements with key creditors, like bondholders.
Citgo's recent weak performance, including a profit that
plummeted to $305 million last year from $2 billion in 2023,
could also affect its valuation.
These factors suggest that more than half of the 15
registered creditors, collectively claiming $18.9 billion, may
not receive distributions from the auction.