Identifier
Created
Classification
Origin
06LAPAZ1285
2006-05-11 19:16:00
UNCLASSIFIED
Embassy La Paz
Cable title:  

GOB ON GAS: TO COMPENSATE OR NOT TO COMPENSATE?

Tags:  ECON EINV ENRG EPET PGOV BL 
pdf how-to read a cable
VZCZCXYZ0000
PP RUEHWEB

DE RUEHLP #1285 1311916
ZNR UUUUU ZZH
P 111916Z MAY 06
FM AMEMBASSY LA PAZ
TO RUEHC/SECSTATE WASHDC PRIORITY 9168
INFO RUEHAC/AMEMBASSY ASUNCION 5841
RUEHBO/AMEMBASSY BOGOTA 3141
RUEHBR/AMEMBASSY BRASILIA 7002
RUEHBU/AMEMBASSY BUENOS AIRES 4246
RUEHCV/AMEMBASSY CARACAS 1539
RUEHPE/AMEMBASSY LIMA 1516
RUEHMN/AMEMBASSY MONTEVIDEO 3780
RUEHQT/AMEMBASSY QUITO 4179
RUEHSG/AMEMBASSY SANTIAGO 8725
RHEHNSC/NSC WASHINGTON DC
RHEBAAA/DEPT OF ENERGY WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
UNCLAS LA PAZ 001285 

SIPDIS

SIPDIS

STATE FOR WHA/AND
TREASURY FOR SGOOCH
ENERGY FOR CDAY AND SLADISLAW

E.O. 12958: N/A
TAGS: ECON EINV ENRG EPET PGOV BL
SUBJECT: GOB ON GAS: TO COMPENSATE OR NOT TO COMPENSATE?

REF: A. LA PAZ 1157


B. LA PAZ 1198

C. LA PAZ 1248

D. BRASILIA 882

UNCLAS LA PAZ 001285

SIPDIS

SIPDIS

STATE FOR WHA/AND
TREASURY FOR SGOOCH
ENERGY FOR CDAY AND SLADISLAW

E.O. 12958: N/A
TAGS: ECON EINV ENRG EPET PGOV BL
SUBJECT: GOB ON GAS: TO COMPENSATE OR NOT TO COMPENSATE?

REF: A. LA PAZ 1157


B. LA PAZ 1198

C. LA PAZ 1248

D. BRASILIA 882


1. (SBU) Summary: President Morales reportedly stated on May
11 that the GOB did not have to compensate hydrocarbons
companies for their losses due to nationalization if such
firms had "recovered investments and accrued some earnings."
In contradiction to Morales' statement, the GOB agreed on May
10 to negotiate compensation for the nationalized refineries
owned by Petrobras (Brazil),as well as discuss the operating
conditions and contract terms for Petrobras, respecting
existing legal norms. End summary.

Morales Says, "No Need to Compensate"
--------------

2. (SBU) President Morales, while attending a European Union,
Latin America, and Caribbean summit in Vienna, stated that
"if foreign energy firms have recovered investments and
accrued some earnings, there is no reason to compensate them"
for nationalization (ref A),according to press reports.
This statement may confirm sector fears that the GOB does not
intend to provide compensation for the taking of foreign firm
assets, including shares, board control (ref C),and the
ownership of production. According to Brazilian Embassy
officials, Brazil will not respond to Morales' statement.

Meanwhile Bolivia and Brazil Agree to Negotiate
-------------- ---

3. (SBU) According to press reports, the Brazilian Minister
of Energy and Mines, the Bolivian Hydrocarbons Minister, and
the presidents of YPFB (Bolivian state oil company) and
Petrobras (Brazilian semi-state company) held a five-hour
meeting on May 10 to discuss nationalization details, which
have created increasing tension between the two countries
(ref B). The meeting participants reportedly agreed to
create a high-level commission, as well as three technical
working groups, to negotiate Petrobras' operating conditions
during the six-month transition period from May 1 to November
1, the definition of necessary conditions and contracts for
the production and commercialization of gas, the mechanisms
and forms of negotiated compensation for Petrobras'
refineries, and the price of gas. Brazil accepted the GOB's
nationalization decree, as long as it was applied in
accordance with existing legal and contractual norms, by
which the GOB agreed to abide (in contradiction to Morales'
statement above).


4. (SBU) Brazilian Embassy official, Alfredo Camargo, told us
on May 11 that the bilateral meeting was positive and polite
(in contrast to the May 4 meeting in Puerto Iguazu (ref D),
during which President Lula accused President Morales of
betrayal, and Morales claimed that Lula's aides had treated
him "like an Indian"). Camargo said that the Brazilian
government's agreement to discuss a gas price increase within
the framework of the existing Gas Sales Agreement between the
two countries was quid pro quo for the GOB's agreement to
discuss compensation for Petrobras' refineries. GOB
Hydrocarbons Minister Andres Soliz Rada assured the
Brazilians that the naming of board members was a public
show, that the board members would not be installed
immediately, and that there would be a transition period,
during which the board take-over would be negotiated with
Petrobras, according to Camargo. Camargo added that the
Brazilian acceptance of the GOB's nationalization decree did
not mean that Petrobras was giving up its options for legal
recourse.


5. (SBU) Comment: Even if the GOB does negotiate a
satisfactory deal with Petrobras, under heavy Brazilian
government pressure, Morales' remarks in Vienna imply that
other foreign investors, including those from the U.S., might
be left out in the cold. End comment.
DEBLAUW