Venezuela´s PDVSA under investigation
Alexei Barrionuevo,
Marc Lifscher and José de Córdoba /
The Wall Street Journal
- 26/11/03
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Venezuelan and U.S. authorities are looking into sales
of oil products by Venezuela's state-owned oil company to international
trading firms that cost the South American country tens of millions
of dollars in potential revenue and may have violated U.S. laws.
In the chaotic months following a crippling oil-workers
strike in Venezuela early this year, U.S. and Swiss oil-trading
firms were given favorable treatment by executives at Petroleos
de Venezuela SA, or PdVSA, according to internal company documents
and e-mails reviewed by The Wall Street Journal. The beneficiaries
include Swiss trading firm Glencore International
AG, and U.S.
firms Chemoil Corp. and Westport
Petroleum Inc., according to these
documents.
Venezuela is an important commercial partner with the U.S., providing about
14% of the U.S.'s oil imports. But the two-month strike, which for a time virtually
stopped Venezuela's oil production, and political unrest aimed at President
Hugo Chavez, have cast doubt on this relationship. Earlier this month Venezuelan
officials met with Congressional leaders and three Bush administration cabinet
members to reinforce the message that Venezuela is a "reliable partner" and
oil supplier.
Officials
in the government began reviewing the questionable oil sales in
recent months, according to the PdVSA internal documents and people
familiar with the matter. Since the strike, U.S. officials also
have obtained hundreds of pages of documents detailing the deals.
The documents have been turned over to U.S. intelligence and law-enforcement
authorities, said one U.S. official.
"The U.S. government is looking at the papers
to see if there's been any violation of U.S. law," the official said. He added that it would be premature to say whether
there have been any violations of the U.S. Foreign Corrupt
Practices Act, which
bars U.S. company officials from paying bribes abroad to win deals.
The trading companies cited in the documents say their dealings with PdVSA
were above-board and that they didn't do anything illicit to obtain more-favorable
deals from the Venezuelans.
Senior PdVSA official Aires Barreto acknowledged that the company made a series
of unfavorable trades early in the year, but said he had seen "absolutely
no evidence" of corruption. He said foreign oil traders knew PdVSA had to move
its product quickly to avoid bottlenecks as it ramped up oil production after
the strike, and that they therefore negotiated from a position of strength
with a relatively inexperienced and overworked PdVSA marketing force. "We
were desperate to sell because if we didn't our inventories would build up
and you'd have to stop production," said Mr. Barreto, currently vice president in charge
of supply and trading. He said PdVSA has put in place a committee of managers
to review trading and is studying ways to further strengthen internal controls.
The probes come as Venezuela is set to begin on Friday gathering signatures
for a referendum being called by opponents of Mr. Chavez who want to remove
him from office. Mr. Chavez, who led an unsuccessful coup attempt in 1992,
swept into office five years ago on a campaign promising to rein in what he
saw as a bloated state oil company that was failing to funnel enough of Venezuela's
oil riches to the poor. By firing about 18,000 workers after the strike ended
in February -- about half the work force -- and setting in motion a company
restructuring, Mr. Chavez has gained effective political control over PdVSA.
But PdVSA lost most of its marketing and commercial department and many of
its internal controls over deal making, according to former managers and people
close to the company.
With the company in turmoil, PdVSA's
commercial department, which markets the company's production,
engaged from March to September in several deals to sell
fuel oil that cost the company millions of dollars in potential revenue, according
to more than 400 pages of internal documents. The documents show that certain
PdVSA managers awarded contracts for oil products to certain traders even when
their bids were lower than those of rival bidders. In some cases, PdVSA cargoes
were inexplicably sent to less-profitable destinations, while in others, company
managers changed cargoes' destinations without authorization.
PdVSA's own security department,
which conducts internal investigations of thefts and
losses, estimated that $80 million in potential revenue
was lost in March alone because of unfavorable deals,
one internal document showed. An internal analysis of fuel-oil sales in March and April presented to PdVSA's
board on May 2 showed that 57% of sales in that period went to just two companies,
Glencore and Chemoil. According to the document, Victor
Rojas, then a member
of the company's internal-security department, told the board, "For
certain March deals pricing periods were observed that were highly unfavorable
to the corporation [PdVSA]." Three Chemoil cargoes alone cost PdVSA $7.6 million
in lost revenue, according to the analysis. Mr. Rojas couldn't be reached to
comment.
Adrian Tolson, Chemoil's vice president of sales and marketing, said that refinery
problems and a sudden oversupply of fuel oil on the U.S. West Coast had contributed
to a price crash that hurt PdVSA. Regarding San Francisco-based Chemoil's transactions, "We
did it straight on, above board and on the up and up," Mr. Tolson said. Still,
in May, PdVSA ceased doing business with Chemoil and Glencore. PdVSA management
has yet to reverse its decision, Mr. Tolson said.
During March, PdVSA also sold a
cargo to Glencore for the Far East for $3.57
a barrel less than the company could have reaped had the cargo been sent to
New York, the internal presentation to the PdVSA board said. Total lost revenue
for PdVSA: $1.5 million.
By May some inside the company
began to question certain deals. In a June 30 letter
to President Chavez, the company's internal-security
management noted that the sale of two million barrels
of fuel oil to China's state-owned PetroChina Fuel Oil
Co. produced a loss in revenue to Venezuela of $2.8 million
compared to a better offer from BP PLC. The letter blamed
Nelson Reyes, who headed the supply-and-marketing division,
for allowing the deal to happen. PetroChina didn't respond
to requests for comment.
In a Sept. 25 letter, Mr. Rojas, who by then had moved to the commercial department,
told his boss that Mr. Reyes also presided over the awarding of fuel oil contracts
at "giveaway prices" to Glencore and Chemoil. Mr. Rojas suggested suspending
relations with both trading firms. A Glencore spokeswoman, in an e-mail response,
said that transactions with PdVSA in March and April were arm's-length and "correctly
reflected the commercial and logistical conditions prevalent in Venezuela and
international markets at the time."
Another company, Westport, "was
favored" in sales making up 30% of the total
volume of PdVSA's fuel oil sales, the letter says. PdVSA sold cargoes of fuel
oil to Westport in May for less than offers from other companies, including
Sempra Energy in San Diego. For May and June alone, PdVSA sold
Westport three million barrels of fuel oil, or 45% all sales in
the period, according to a document prepared in July.
Emmett Lynch, chief operating officer
for Westport, which is based in Pasadena, Calif., said
the company had been acting "totally straight" and that criticism
of pricing is "second guessing."
In a management reshuffling in
late July, Mr. Reyes was moved out of his post.
Mr. Reyes couldn't be reached to comment. Mr. Barreto, the PdVSA official,
said he had seen no sign that Mr. Reyes had profited personally from the oil
sales. He added that Mr. Reyes is being reassigned to Europe but is attending
to a "personal tragedy."
Updated November 26, 2003
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