BN004390 03 de julho de 2009 15:06 HORALOCAL
LONDON, July 3 /PRNewswire/ -- Perenco Ecuador Limited ("Perenco
Ecuador") today announced that it is prepared to take legal action
against any company that purchases or transports crude oil the
Ecuadorian Government has unlawfully seized.
Perenco Ecuador is the Operator of Blocks 7 and 21 in Ecuador. On
February 19, 2009, the Republic of Ecuador and its oil company,
Empresa Estatal Petroleos del Ecuador ("Petroecuador"), commenced a
coercive process to collect from Perenco approximately $327 million
they claimed were due under a 2006 Ecuadorian law ("Law 42") by which
the Government asserts a right to 99% of the oil revenues above an
arbitrary "reference price." In March 2009, Petroecuador began
seizing crude oil produced by Perenco and its consortium partner,
Burlington Resources Oriente Ltd. ("Burlington"), from Blocks 7 and
21 in Ecuador to satisfy the alleged Law 42 debt.
However, on May 8, 2009, a three member international arbitration
tribunal constituted under the auspices of the International Centre
for the Settlement of Investment disputes ("ICSID") unanimously
ordered that the Republic of Ecuador and Petroecuador were restrained
from "instituting or further pursuing any action" -- including oil
seizures -- "to collect from Perenco any payments [they] claim are
owed... pursuant to Law 42." The tribunal made clear that such orders
"are binding on the party to which they are directed" and that the
parties "are under an international obligation to comply" with them.
A copy of the tribunal's order can be found on the ICSID website,
www.worldbank.org/ICSID . Just this week, a different international
arbitration tribunal in a separate ICSID arbitration commenced by
Burlington issued a similar provisional measures order.
Despite these ICSID tribunal orders, the Ecuadorian Government has
announced that it plans to go forward with a July 3 auction of the
crude oil it has seized from Perenco and Burlington. The Government
first attempted to sell the seized oil at an earlier auction in May,
but no buyers materialized. Now it is trying again.
With the second auction looming and a third scheduled for later this
month, Perenco Ecuador has indicated that it will take a firm stand
to protect its rights. According to Rodrigo Marquez, Latin American
Regional Manager for the Perenco Group, "Anyone who purchases the
seized crude oil under the circumstances is buying property that
Ecuador and Petroecuador are not entitled to sell. The arbitration
tribunals' orders establish that Perenco and Burlington continue to
have the right to sell that oil, and that the disputed portion of the
sale price should be placed into escrow. Consequently, anyone who
buys at the Government auction may be liable for conversion or other
misdeeds. Perenco is prepared to enforce its rights wherever it
becomes necessary to do so."
At the same time, Perenco has continued to support a negotiated
resolution of its dispute with Ecuador and Petroecuador. "We remain
open to negotiations with the Government about fair terms for
continued operations in Ecuador," said Mr. Marquez. He noted,
"Perenco has consistently made clear to the Government that we prefer
to have an agreement rather than an arbitration. That remains true
today."
Perenco Ecuador Limited is part of a privately held upstream oil and
gas company and is the operator of Blocks 7 and 21 in Ecuador.
SOURCE Perenco Ecuador Limited
07/03/2009
CONTACT: Rodrigo Marquez, Perenco Group, +44-20-7901-8200
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