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Message: Bernard Mommer: ICSID decided on matters not referred to it
Bernard Mommer: ICSID decided on matters not referred to it

Caracas, 06 Sep. AVN. - The Governor of Venezuela to the Organization of Petroleum Exporting Countries (OPEC), Bernar Mommer, said the International Centre for Settlement of Investment Disputes (ICSID) decided on an aspect not raised to sue ConocoPhillips Venezuela court.

The transnational oil company sought compensation, royalties and repairs an amount exceeding the 30 billion dollars when he refused to migrate their agreement to participate in the Orinoco Oil Belt, nationalized in 2007.

In this sense, the ICSID tribunal, composed of three judges, issued on Tuesday a decision recognizing the right of the Venezuelan government to invoke national jurisdiction, as well as to establish a favorable tax scheme to the nation, and has been increasing the amounts of royalties and income tax (income tax) paid by foreign oil companies in the country. However, the court ruled that Venezuela "failed in its duty to bargain in good faith" and for that reason the nationalization of the Orinoco Oil Belt is illegal.

During interview with Kickback program, broadcast by VTV, Mommer said that "it is unlikely that decision. Judges by definition can not answer questions that have not been done, can not testify on matters not raised.'s Like going to court for a crash and exit divorced ".

He recalled that three years and two months, there were talks between the multinational and the national government, and in any of the meetings, held in the Court of The Hague, bad faith was a point of discussion.

It also stated that despite having won all tax measures, be accused of negotiating in bad faith "is a very serious accusation, bad faith is not a hard fact, but it is very strong because it is near the crime".

Mommer explained that these courts "have a structure made against countries like Venezuela, where we can be charged by private capital, but we can not accuse the private capital. This organized against the countries concerned," he said.

He noted that "these courts have their sympathies for the transnational to Conocophillips that decision was a beating and they could not let the Bolivarian Republic of Venezuela had all the pros were invented this in bad faith".

He added that being in the ICSID is a "legacy" oil opening. "In 1961 a treaty was signed which was then ratified when Ramon J Velazquez, in which we admit, among other things, that the transnational oil companies that are bankrupt can not sue, except those that are of Dutch nationality, and both the Conoco and Exxon Mobil are Dutch "explained Mommer.

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