Thursday, May 11, 2006

Gas and Bolivia: Nationalization = Negotiation

Since I arrived back in Bolivia early Monday morning I have gotten a flurry of media calls and emails asking for comment on President Morales’s dramatic May Day move to “nationalize’ Bolivia’s gas and oil. Reporters have been quite taken by images of Bolivian soldiers occupying gas fields and the rhetoric of the government declaring the nation’s gas and oil reserves to be sovereign property of the people.

To be sure, all this is a dramatic development in the ongoing saga of Bolivia’s #1 public policy issue. Friends and readers, it was intended to be dramatic. But let us not lose track of the big picture: At the end of the day Bolivia will develop its gas and oil through some kind of partnership between the Bolivian government and foreign oil companies. That’s just a fact. What is going on is a very high stakes negotiation over what those partnerships will look like. I don’t think you can properly analyze the events in the news unless you keep that in mind. Nationalization = Negotiation.

Nothing exemplifies that more than the twin headlines yesterday and today in the Cochabamba daily, Los Tiempos. Both days the paper led with the dialogue over gas between Bolivia and Brazil. Brazil’s s state-owned oil company, Petrobras, is the major player in Bolivia’s energy market, far more than any of the US, UK, or Spanish interests.

Yesterday the morning headline was based on the revelation that during Brazil-Bolivia-Argentina-Venezuela summit last week, Brazilian President Luiz Inacio “Lula” Da Silva supposedly told Higo Chavez and Evo Moreles, his Venezuelan and Bolivian counterparts, that Brazil was getting plenty tired of Venezuela’s deepening involvement in the Bolivia gas issue. Today’s headline reveals that Brazilian and Bolivian officials met all day yesterday to look at how to reshuffle the two nation’s gas and oil deals to reflect the terms of Morales’ nationalization decree last week.

Understanding what is going on here is as simple as our memories of our kindergarten sandbox.

If you don’t play they way I want you can’t play with my toys.

If you don’t play the way I want I won’t play with you at all.


Turn it into a negotiation with billions of dollars of oil and gas reserves at stake and it turns into:

Either be a partner in developing our gas and oil on our terms or we will just turn to other investors.

Either give us the control and profits we want or we will cutback on our investment.


Morales sends in the troops for a symbolic takeover of oil fields. Repsol, Petrobras and others announce cutbacks in their Bolivian investment. One is a flipside of the other. Of course the companies play that card. That is what corporations always do. Taco Bell threatened to move its corporate headquarters from California to Texas if California didn’t give them a tax break, a bluff lawmakers almost fell for. It is how the game is played. The job of governments is to sort out when the threat is real and when it is just a negotiating ploy.

It is also worth noting that Morale’s nationalization dramatics last week were probably designed more for his domestic audience, not a foreign one. How all those images would play in the foreign press (with the effect of making Morales seem more radical than he is) was, I suspect, a secondary concern if it was one at all.

Both sides are playing hardball and ought to. The stakes in this reshuffling of the cards on gas in Bolivia are enormous. A few modifications here and there in tax rates and the like translates into many millions of dollars.

In the end though, both sides – Bolivia and the foreign corporations – need the other and know they need the other. The corporations don’t want to walk away from the second largest oil and gas reserves in South America and Bolivia still needs investors and partners.

I believe, that despite the drama of the nationalization decree last week, the essential policy questions to watch for remain the same that they have been:

1. Who controls the volume of production and the price, foreign oil companies or Bolivia?

2. How will Bolivia and the companies involved share the profits – through taxes, royalties, etc.?

3. What is the appropriate role for the Bolivian government’s oil company (YPFB)?

4. How will Bolivia invest the funds it gets from gas and oil to benefit the people of Bolivia in the best way?

5. How will indigenous rights and the environment be protected?

6. How will all these arrangements be made transparent and enforceable so that what it says on paper becomes what actually happens in reality.

The debate over gas and oil in Bolivia, as dramatic and important as it is, remains what it has been from the start – a negotiation over what a new approach will look like, one in which the Bolivian people receive the control and benefits they expect from a key national resource under their feet.

51 Comments:

Anonymous guillermo said...

For those of you who understand Spanish, read below. Its called "power corrupts": Goni gives away the store, signs contracts giving away Bolivia's black gold, in a manner that is "unconstitutional," i.e. without the approval of congress.

sirs and madames, bolivia does not need to indemify companies for gas that was never their property to begin with. if they don't like it, they should sue goni in international courts.

No tuvo un contrato legal, pero Repsol todavía piensa en arbitrajesEvo dice que no habrá indemnización a las petroleras
J. Osvaldo Calle Quiñonez
El presidente Evo Morales dijo hoy en Viena que las petroleras no recibirán indemnizaciones por la nacionalización de los hidrocarburos, porque no les fueron expropiados sus bienes. Repsol, la petrolera española que al igual que las otras opera en el país, no tiene un contrato ratificado por el Congreso, piensa llevar el caso a tribunales arbitrales.
"Las empresas tienen todo el derecho de recuperar su inversión y tener derecho a utilidades, pero ellos no pueden ejercer el derecho de propiedad", dijo afirmó Morales en una conferencia de prensa, antes del inicio de la VI Cumbre Eurolatinoamericana.
"Por lo tanto, no hay por qué pensar en una indemnización (...) Si estuviéramos expropiando sus bienes, tendríamos que indemnizar, pero este no es el caso", agregó.Morales dijo que las empresas que invirtieron tienen derecho a recuperar su inversión y utilidades, pero no a ejercer propiedad porque no la tuvieron.


"No estamos expulsando a nadie, sólo ejerciendo el derecho de propiedad sobre nuestros recursos", explicó el presidente.


Según la Constitución, la propiedad de los recursos naturales en Bolivia es del Estado, sin embargo, amparadas por un decreto de Gonzalo Sánchez de Lozada, firmado dos días antes de terminar su primera gestión de gobierno, las petroleras se consideran propietarias del gas en boca de pozo.

Ese decreto fue derogado por el gobierno de Carlos Mesa, y poco después el Tribunal Constitucional aclaró que los contratos petroleros deben ser ratificados por el Congreso para tener validez, un paso que nunca fue cumplido, aunque irónicamente las petroleras ahora piden seguridad jurídica.


"¿De qué seguridad jurídica nos pueden hablar si son los primeros en violar la seguridad jurídica?", dijo Morales, haciendo referencia a las denuncias de contrabando y evasión tributaria que pesa sobre las petroleras, entre ellas la española Repsol.

A los tribunales

Casi de inmediato, el presidente de Repsol YPF, Antonio Brufau, dijo en España que la petrolera acudirá a los tribunales internacionales de justicia para defender sus intereses, si no alcanza un acuerdo con el Gobierno de Bolivia respecto a la nacionalización de los hidrocarburos.


"Espero que podamos alcanzar un buen acuerdo. Si no, iremos a los tribunales", manifestó Brufau al periódico El Mundo.
Hasta ahora pocos son los que le preguntaron a Brufeau sobre la validez de su contrato que en Bolivia no fue ratificado por el Congreso.


Esta petrolera anotó como suyas las pozos bolivianas de gas sin tener mercado ni un contrato, y se obligó a sí misma a corregir sus reservas de gas provocando con ello una baja de su cotización en el mercado bursátil. La petrolera enfrenta cargos por contrabando en Bolivia.

12:13 PM  
Blogger Norman said...

Jim,
Outstanding analysis and post! I thoroughly agree on almost all of your points in looking at this as a negotiation far from concluded. I also agree that the flamboyance was for the domestic audience. Listening to the radio i have repeatedly heard a commercial telling how well Evo did for the country by nationalizing followed immediately by a commercial for constituent delegate elections. One question: on point five you stated that a key policy question to watch would be: How will indigenous rights and the environment be protected? Are we not concerned about how all Bolivians' rights are to be protected or did you really mean just the indigenous?

12:51 PM  
Anonymous Anonymous said...

Who and what is indegenious? There is no fine line, alot of the Qechua speaking peoples are also mixing spanish in as well. Obvioulsy there is the division between the very wealthy and the poor, but point be, weather indegenious or not, Bolivia is a poor country with poor people, many of whom are alos not "indegenious".

2:03 PM  
Anonymous Condor satinador said...

Guillermo, you are a moron than don’t know where you are, man, yon can not even understand Spanish and that is very sad because is obvious English is not your prime language. I know that understanding Evo is very difficult, since he, like you, do not dominate any of the languages he pretends to speak, but:

"Por lo tanto, no hay por qué pensar en una indemnización (...) Si estuviéramos expropiando sus bienes, tendríamos que indemnizar, pero este no es el caso"

Is simply, as clear as water; Evo Morales himself is accepting that the contracts are legal and that there is a chance that Bolivia gets to pay for it, if the government takes over by force. Which is exactly what is going to happen if negotiations do not go well, us explained by Jim; And that is something very possible to happen with one or more of the international companies that are currently investing in Bolivia. So your intent to make us believe that Goni played illegally in this matter is just a bunch of BS; well, in your case, cucaracha shit.

Just to show you how low you actually are, try to understand the following from your post:

“Según la Constitución, la propiedad de los recursos naturales en Bolivia es del Estado, sin embargo, amparadas por un decreto de Gonzalo Sánchez de Lozada, firmado dos días antes de terminar su primera gestión de gobierno, las petroleras se consideran propietarias del gas en boca de pozo.”

That is why Evo’s government is controlling that the international companies only declare theirs in the stock market the portion of the gas they have a contract to sell, and not the whole gas field. Since the gas inside the gas fields is protected by the Bolivian Constitution, but the gas already compromised to be sold under a contract is not protected once is off the field, in boca de pozo. And you only take it of the field if you find a market for it. That is why the author of the Spanish article you pasted in your post is as a layer as you are; since Repsol is currently one of the main companies selling Bolivian gas to Argentina. How can that happen without a market or a contract?

7:54 PM  
Anonymous Bolivia Libre said...

Jim,

Interesting post, less lies than usual, but I do want to clarify on the following you wrote, “Morales sends in the troops for a symbolic takeover of oil fields. Repsol, Petrobras and others announce cutbacks in their Bolivian investment. One is a flipside of the other. Of course the companies play that card. That is what corporations always do.” You are in a humongous mistake if you think that the hydrocarbon foreign corporations in Bolivia are cutting back their financing just because of this decree and for the troops show; that started to happen years ago, when MAS was destabilicing the Country in order to get to power. I clearly showed it in a previous post where I included the CBH web page. In reality, the only “corporation” increasing their activity in Bolivia in the last years is the Venezuelan government, owner of international oil corporations PDVSA and CITGO. Yes, the one in the US.

I was wandering why your change of mind with your soft: “In the end though, both sides – Bolivia and the foreign corporations – need the other and know they need the other.” You, the free market nemesis, the, get rid of all the international foreing companies, they are the evil. What happened know? Why are so great the Venezuelans? Is not clear to you that Chavez and his government have demostrated to be much more dangerous to Bolivian freedom that the US or the europeans?. The Monroe Doctrine is nothing comparing to the freshly anounced Bolivarian Doctrine.

Don’t you or your henchmen be humping on me over my comments about Chavez, as you put it, ”Yesterday the morning headline was based on the revelation that during Brazil-Bolivia-Argentina-Venezuela summit last week, Brazilian President Luiz Inacio “Lula” Da Silva supposedly told Higo Chavez and Evo Moreles, his Venezuelan and Bolivian counterparts, that Brazil was getting plenty tired of Venezuela’s deepening involvement in the Bolivia gas issue.” If it looks like that only in your post you do not want to believe about the Venezuelan over intrusion in Bolivian matters. PDVSA, under the protection of the Venezuelan government, is clearly kicking the chest board away from the rest of the international corporations for their own good, not the Bolivian good. Trying to eliminate competitors like they did with the private entrepreneur in their Country is their goal. Evo is fool enough to fall for it, Lula is leftist enough to allow it, but Petrobras is independent from its government and they are no fools.

Guillermin, once again, you are not worth it, and neither are the piece of crap you posted in Spanish, you said: For those of you, who understand Spanish, read below. It’s called "power corrupts". Are you talking about MAS implementation of taking over the legislative, the armed forces, the police, the National Electoral Court, the Constituent Assembly, and any other niche of power that is left in Bolivia and that do not belong to them. If that is what you want to say, YES, Power certainly corrupts.

7:55 PM  
Anonymous Anonymous said...

To those who have posted here warning about the dangers of having an increased presence of Venezuelans in Bolivia:

To my knowledge none of the Venezuelan teachers, health care workers or oil and gas technicians who have come to Bolivia do so with side arms, as do US DEA agents. Also, to my knowledge, the Venezuelan government is not paying any Bolivian government officials a special salary bonus, as the US has done for years to drug prosecutors.

It would seem to be that the Venezuelan presence in Bolivia is a mere shadow of what the US has had for years. Are you not similarly concerned about that?

8:23 PM  
Anonymous Paul V said...

Profits of 5-10%?

I hope those aren't guaranteed profits.

I have to hand it to Morales. He doesn't mess around.

8:44 PM  
Blogger The Democracy Center said...

To our Commenters:

I haven't had a chance to read through all the comments that seemed to have exploded in volume here over the past three weeks, but I would like to say welcome back to those of you who have been absent of late.

We'll have to ask Jeanette to write about bikes more often.

Jim Shultz

9:39 PM  
Anonymous Paul V said...

Is the Bolivian minister for rural development, agriculture and the environment really named Salvatierra?

Is the sword of Damocles hanging over the country?

9:48 PM  
Anonymous guillermo said...

Condor satinador, idiota, the problem is not my Spanish, the problem is your piss poor excuse for a brain.

Do you know what is derecho de propiedad, right to property?

Before Evo said: "Por lo tanto, no hay por qué pensar en una indemnización (...)

Evo said:"Las empresas tienen todo el derecho de recuperar su inversión y tener derecho a utilidades, pero ellos no pueden ejercer el derecho de propiedad",

What is that? For the benefit of you and our audience, what Evo said is that the companies have the right to recover their investment and make a profit but they will not have to be indemnified for loss of property, in other words, loss of the gas, because they never owned it.

Why? Goni signed over the rights to the gas at the wellhead, boca de pozo, two days before he finished his first government. But, as the author of the article said, and as Evo and his government says, those contracts were not legal because they were never ratified by congress, which they must do so under the constitution.

Why is that important? For one, it means Bolivia controls the gas at every step, it can decide the prices and the markets. Secondly, it means these companies can not claim in international courts they lost the rights to x and y quantity of gas reserves and ask for indeminfication for losing those rights.

En otras palabras, nunca son duenos del gas, entonces no pueden recibir idemnizacion para algo que nunca tienan. Entendias?

11:06 PM  
Anonymous culito blanco said...

norman, i can understand that maybe you are a (relatively) recent arrival to Bolivia and have maybe never associated with the extremely rich or the old-school racists whose mindset never outgrew the pongo(slave)owning mentality of their grandparents.

but really even so, what is this fixation with singling out the word indigenous?

isn't it perfectly clear to any one with open eyes that the indigenous, however you want to define them and however anal you want to be, have nonetheless been getting the caca in titicaca for a long time?

obviously, the point of debating Rights and responsibilities towards indigenous communities from an energy perspective is: the land under which most of the gas and petroleum lies, contrary to what fellows like Condor and the dude who continues to misleading call himself "bolivia libre" seem to imply, is indigenous land.

it is not in the middle of the third anillo in santa cruz. it is not under the Cristo in Cochabamba, or "el Picacho" (the stomping ground of former President and failed Prefect candidate Jaime Paz Zamora) in Tarija. the oil and gas is way the fuck out in the boondogs, where those elusive, hard to define Indios live and have lived for centuries. where no culitos blancos ever go except for novelty or to pass through in their SUV's.

so clearly, since Evo is 'nationalizing' the energy sector in order to benefit the largely indigenous/mestizo majorities, it makes sense to consider these people and their rights to land, community, safe environment, etc. in contrast to the blind need for exploration, drilling, and pipelining. the interest of other bolivians, regardless of the method, is the successful industrialization and consolidation of a bolivian energy sector. so the rest of us are covered by the other points raised by Jim.

now lets here from the reactionaries

12:44 AM  
Blogger Originalexplorer said...

culito blanco,
Sorry I'm not a reactionary--
But funniest post ever! I was literally laughing out loud.
Good post
-Alex

9:15 AM  
Anonymous Paul V said...

Morales in warning to energy companies


Whether the gas became the property of the multinationals at the well head or it was the property of the state of Bolivia until it was burned up, the reserves were never technically owned by the multinationals. The gas in the ground was theoretically always the property of Bolivia, according to national law. I am not sure of what guarantees of access to the natural gas in the ground were given in the agreements.

"On Thursday, Mr Morales indicated that companies could receive compensation for physical assets taken by the state but that they would not be indemnified for losing their concessions."

This is reasonable, unless the multinationals paid rights fees for the concessions, in which case those fees should be returned.

"Mr Morales described foreign energy investors as “smugglers” and argued that they had broken Bolivian laws and paid no taxes on their profits."

This seems to rule out compensation for most of the assets. Why compensate smugglers and tax evaders? Vladimir Putin would probably agree. If the multinationals followed their agreements with Sánchez de Lozada to letter, were they still guilty of smugging and tax evading? Or did they not even follow these laws? Morales seems to put Petrobras at the top of the list. Morales has also said that if these companies have already recouped their investments plus a small profit, that they would not be paid for them. How will he calculate recoupment?

"He also pointed to a looming clash with the judiciary, whom the government has criticised for failing to impose laws to protect national interests. “For us, the judiciary are the representatives of the colonial state, not the people,” Mr Morales said."

In my country the judiciary is limited to judging infractions of existing laws, and does not invent new laws. Maybe things are different in Bolivia. Is it the fault of the judiciary if they were upholding laws passed by the colonial state? Not too long ago, Morales was discrediting the entire political system and political parties. By discrediting the entire Bolivian judiciary, is he implying that previous and future opinions of the judiciary as it is currently formed are to be ignored? Or that the laws created by such a judiciary will no longer be enforced? Perhaps he has some justification for his claims, but what justification?



These articles from 2004 and 2005 look at the issue from Brazil's and the gas industry's point of view and paint quite a different picture...


Critical Issues in Brazil's Energy Sector

Although the BTB began delivering gas to São Paulo in March 1999, Petrobras and Bolivia began wrangling over contract terms in 2002 when Petrobras found its throughput declined dramatically as economic growth and overall energy demand for the nation slid. But Petrobras’s take-or-pay deal with Bolivia that runs through 2019 has meant that the state firm is being forced to pay higher prices for the Bolivian gas imports. The original 20-year deal in 1999 stipulated a basic price range of U.S. $0.96 to $1.50 per thousand cubic feet and maximum volumes of 750-850 MMcf/d or 30 MMcm/d, but Petrobras is now importing about one half of that amount, and with the Brazilian currency’s depreciation against the U.S. dollar, it is stuck paying the equivalent of U.S. $3.60 per thousand cubic feet. Although a series of negotiations between Petrobras and its Bolivian counterpart on amending the take-or-pay contract to appease Petrobras failed to produce results, a political decision by President Lula in November 2003 to support new Bolivian leader Carlos Mesa indefinitely suspended the price talks."


Momentum Building

"Because of the unforeseen overcapacity and soft domestic demand, Brazil has not been able to consume the contracted gas volumes from Bolivia. Consequently, during the fourth quarter of 2003, Brazil attempted to revise its take-or-pay contract for the gas imported from Bolivia.

....

Hydropower aside, Brazil and Bolivia have been able to agree on a lower price for natural gas imported from Bolivia. The new, more favorable rates are expected to support imports from Bolivia, allowing Brazil to comply with its take-or-pay obligations."


As can be seen in the second article, natural gas competes primarily with hydropower in the Brazil, not coal, oil, and nuclear as it does in the U.S. Of course, the supply of hydroelectric power is quite variable.

Not too long ago, Brazil was working hard to find ways to consume the gas it had contracted with Bolivia to purchase.

10:29 AM  
Anonymous Paul V said...

"Morales has accused foreign oil firms of acting illegally, saying dozens of contracts secretly negotiated without congressional approval were unconstitutional."

So what is your take... are the contracts unconstititutional, and if so, why didn't Congress approve them?

10:36 AM  
Anonymous Paul V said...

One more question. How can Morales claim that Bolivia had no control over the prices of its natural gas?

11:16 AM  
Anonymous Bolivia Libre said...

Culito,
I guess you chose the name because of the ideas you expel in writing, but you do no see my trying to not allow you to use it; maybe you are one of those unarmed Venezuelans teaching Bolivians how to eliminate free speech and free will. You see anonymous, you do not need a berretta or a bazooka to destroy things.

Regarding your open eyes, even taking in account that it seamed you had them shut when you were expelling your ideas in your post, you said “obviously, the point of debating Rights and responsibilities towards indigenous communities from an energy perspective is: the land under which most of the gas and petroleum lies, contrary to what fellows like Condor and the dude who continues to misleading call himself "bolivia libre" seem to imply, is indigenous land. It is not in the middle of the third anillo in santa cruz. it is not under the Cristo in Cochabamba” . You have to move your culito out of the “boondogs”, it is actually boon dogs by the way, and go visit Santa Cruz, there are oil fields in the third, fourth, fifth and more rings. There are oil wells in schools, backyards and parks, all illegally occupied by the older version of the “Sin Tierra” and now part of the chaos of the city.

Since I am not lazy like you and like to write about things I see with my wide open eyes, I do travel to the screwing “boondogs” and to the no so fucking boon cats, and I even being around, talked with, eat and slip with your so called Indians and no so called Indians. I found oil fields, and wells, in culito blanco lands, culito Japanese lands, culito Mennonite lands, culito Mestizo lands, culito Guaranies lands, Culito gringo lands, and so on. Regarding your, “the oil and gas is way the fuck out in the boondogs, where those elusive, hard to define Indios live and have lived for centuries. where no culitos blancos ever go except for novelty or to pass through in their SUV's. ” Let me tell you what I found about your Indios living centuries over and around the boondogs; for my surprise many of those century old Indios, I guess you, like your Canciller, think they live those 200 years he claims, were very much culito mestizos and did not look like the typical culito Indean I spotted will fucking in a particular “boondog”. They were, and are, a newly version of the “Sin Tierra” that were taking advantage to call themselves indigenous people in order to get land and money from European and American organizations as well; the only disadvantage, they had to actually live in the boonies and could not sell the land in pieces. Of course they solved the last problem when some people left the land and claimed other, “indigenous, century old land”. Culito Blanco, you like it or not, Bolivia is not centuries old, when this Country born, we have a mixture of culitos, call us rainbow culitos if you want, and we all have the same right to call ourselves indigenous because we did not asked to born here, we just did. I hope you don’t get “colitis”
from all this reactionary ass kicking culito bashing.

12:20 PM  
Anonymous Paul V said...

boondocks

1910s, from Tagalog bundok "mountain." Adopted by occupying American soldiers in the Philippines for "remote and wild place." Reinforced or re-adopted during World War II. Hence, also boondockers "shoes suited for rough terrain" (1953).

1:07 PM  
Blogger Boli-Nica said...

I agree with Schultz that this is about negotiations. BUT, there are ways about going about this and Evo effed himself up.

My take here.

http://bolicarreras.blogspot.com/2006/05/did-evo-really-blow-it-with-lula-and.html

And the way Schultz spins the story, completely downplays is the very public rupture between large South American states, and the role of Chavez.
Lula is genuinely pissed off at Chavez, and this is just the issue that is making this boil over.
Normally, Brazilian concerns were aired through Petrobras and/or the Brazilian oil and gas ministry. Now you are hearing it from the top of Brazil's government, and Lula is actually naming names, which is something he usually does not do.

2:03 PM  
Anonymous Paul V said...

Jim, to get back to the premise of this thread, I think you have it wrong. It should be...

Nationalization = Ultimatum.

I don't see a whole lot of negotiation going on here.

Nacionalización = Ultimátum.

2:09 PM  
Blogger Boli-Nica said...

AND STILL NOTHING ABOUT THE THEFT OF BOLIVIA'S PENSION FUND!!!!!

Why is everyone shutting this off???

2:10 PM  
Anonymous Paul V said...

You mean the pension fund that was created out of thin air by the proceeds of the capitalization of Bolivia's hydrocarbon industry?

Yes, it would be interesting to hear what Morales and company plan to do about that.

6:01 PM  
Blogger Boli-Nica said...

Paul, unfortunately you are presenting facts that don't match the slogans and dogma.
IIRC, the volume and price issue fo the gas contracts for Petrobras are valid and recognized. That is a separate issue from taxation and royalties. They are subject to the terms of the original agreement for volume, and have to pay the difference between the volume contracted for, and the quantity they did not receive due to low demand. Petrobras did so at that point cited, and they paid a higher price. They probably forecast that a higher demand later on, would even it out economically. Now that demand is met, Bolivia still has to produce and pipe the required volume at that fixed price.

The taxation and royalty issue is another issue that has not been resolved. Those contracts despite lacking approval of the legislature would probably be recognized as binding under international law. If you contract under apparent authority of a party, and show approval of the terms by following them for a period of years, you are bound to those terms. But you can change the terms through mutual consent, and if Petrobras has said it is following these new terms of taxation, then it is bound too.

6:33 PM  
Anonymous Anonymous said...

Expropriation (Nationalization, Now what? Does Morales have a strategic plan? He seems to operating from seat of his pant and making new pronouncement every day.

Foreign investors regardless of industry are not going to compensate Bolivia for the last 500 years of exploitation. And without investment and cooperation from Bolivia's neighbor gas reserve is not going to do much for Bolivia or its indigeneous people.

I am sympathetic to Bolivia's cause but I am not sure raising the temperature is going to do much to accomplish the objectives. Bolivia should first redefine the rules of the game or investment for all sectors of the economy and have these new rules legalized through the parliament. Without transparent rules very few investment dollar will go to Bolivia and Chavez does not have enough cash or skill sets to support Bolivian gas industry. PDVSA can hardly raise its oil production on its own let alone support gas industry for which they have very little skills. These are the realities.

Neo-Liberals, global capitalists whatever one wants to call them can effectively shut not only the cash flow but also the knowledge transfer. Although Lula is sympathetic to Bolivia's cause even he cannot ignore the economic interest of his constituency. So blindly following Chavez may not be a good idea.

More than 75% of the global hydro-carbon reserves are owned by national oil companies. Therefore, Bolivia too should be able to control its hydrocarbon resources through its National Oil Company. The big question is the mandate of this company and the management of this company. If it is run like pre-Chavez PDVSA then only handful of people will reap the benefits and others will be holding the baskets.So how do you get the foreign oil and gas companies to continue to do business with Bolivia without giving away the store? Rules, institution, harsh penalty for corrupt officials, independent quarterly audit and publication of audited report for public consumption.

The US has much less at stake in Bolivia than most people tend to think. So the present administration will be very happy to see Bolivia fight it out with Brazil and Argentina. There goes the new left alliance of Latin Americas.

For Bolivia and Morales to succeed it is advisable to pay attention to the East Asian strategic model and development -- speak less, do more.

Globalization is here to stay. Only thing developing countries can do is to slow down the march of capital long enough to change the rule to address the inequities in the system. Rhetoric of nationalism may not even save Bush presidency. So I would not suggest Morales take up the same failed rhetoric to stay in Power. I hope he takes a nobler approach to governing Bolivia and bring some degree of justice to the long subjugated people of Andes.

3:13 AM  
Anonymous Anonymous said...

what kind of globalization? how many interests did the U.S. have in Cambodia? yet it was bombed?

yes, boondocks, right. and i agree salvatierra is a hilarious name for da man.

nothing new otherwise

4:08 AM  
Anonymous Anonymous said...

anonymous: Bolivia is doing exactly what you say. simply, as Zapatista Subcomandante Marcos said recently, in the wake of the police induced violence in Atenco, Mexico, the Media are not willingly going to return sovereign power to the political class, or to any other social group. so at least 80% of the things you here about bolivia are bullshit.

it is only the elite classes of brazil and argentina that benefit from screwing over smaller neighbors. the beauty of true democracy is that every majority, adding up to the world majority, is benefited


google MAS, go to the parties website, and read the 10 points of the governmental program proposed during last years election. they are doing exactly what they said they would. and it was never that radical to begin with.

4:13 AM  
Blogger DareDiego1967 said...

Very good Blog, exelent,but how is the state of alternative sources of enery in Cochabamba? I been to Cochabamba I was from La Paz, and I'm afraid to go back and see the pollution and overdevelopment. Oil is really a global issue.
Exelent writing
Diego from SFO

7:50 AM  
Anonymous guillermo said...

bolinica,
your self-inflated view of yourself has not left me impressed. i regard you as a coward for not revealing your identity and hardly think you are more of a authority than me, or for that matter others here, based on what u say. so, STFU. you are a authority only in disinformation to serve the interests of gas companies. why don't you just come clean and reveal your conflict of interest?

in that light, what do we make of this comment:

"The taxation and royalty issue is another issue that has not been resolved. Those contracts despite lacking approval of the legislature would probably be recognized as binding under international law. If you contract under apparent authority of a party, and show approval of the terms by following them for a period of years, you are bound to those terms."

Where did you find that legalese, from the multinational directory of "how to screw over poor countries to maximize our profits."

In a sense you may be right, given the bias of the closed-door setting of international arbitration courts that don't allow citizen input and involve panels whose members are selected by that "unbiased" world bank, if these corporations go that route bolivia may in fact lose. the international arbitration system is stacked in favor of multinational companies.

you clearly want to see that happen.

but for the benefit of others reading this, because we know bolnica is not going to change his opinion, where would that get us? my educated guess is it will likely plunge bolivia into violence, stir more anger at multinationals and the international system stacked in their favor, but most of all, it would ignore and trample on the issue that ought to be paramount in this whole debate: what is best for helping bolivia fight poverty and underdevelopment? the gas corporations and people like "bolnica" don't give much of a damn, but the rest of society ought to make their judgements based on that question. if you consider the issue in that context, then what the evo morales government is attempting to do is the right road. bolivia's best chance to break its vicious cycle of poverty is harnessing its valuable gas resources to the maximum benefit of its people. moreover, the gas is bolivian gas and its bolivians who should have the authority to decide what to do with it, not one corrupt president such as gonzalo sanchez de lozada and definitely not gas industry companies, the world bank, or any other international actor.

12:46 PM  
Blogger Norman said...

Guillermino, you are full of fire, aren't you!! Evo is playing a card; it may be a bluff, it may pay big dividends, it may cost Bolivia dearly; but it is a gamble. The only sure benefit he gets is support for the Constitutional Assembly. "See how I stand up for you!"

We are all trying to predict the outcome of this move. I expect Boi-Nica is right about the potential legal liabilities. Quite frankly, if you have to wait for the Bolivian congress to ratify anything, it's a very long wait. Business can't operate that slowly and i expect that would be recognized in court. I love that line about your "educated" guess though... isn't that what it all comes down to? BTW aren't blogs designed to be anonymous? At least if you click on Boli-Nica's name, you get plenty of info on him, inlcuding his own blog.

1:54 PM  
Anonymous guillermo said...

norman, this after your hypocritical holier than thou comments earlier...

you are completely whacked and have no clue as to what you are talking about

i will do you a favor and try to ignore you from here on out because i don't have the slightest patience to understand and respond anymore to your irrational, dimwitted comments

4:28 PM  
Blogger Norman said...

Non Sequitur - Literally, "it does not follow". Lack of connection with the preceding text. as in one conclusion does not logically follow from another fact or facts.

9:49 AM  
Blogger Boli-Nica said...

Anon..
--------------
what kind of globalization? how many interests did the U.S. have in Cambodia? yet it was bombed?
------------------
Umm...Whatever you think about the war it is undisputed that Cambodia was a staging area,infiltration point, main supply route, and forward HQ for Vietcong and NVA forces
-----------------
Now Willie...

your self-inflated view of yourself has not left me impressed. i regard you as a coward for not revealing your identity and hardly think you are more of a authority than me, or for that matter others here, based on what u say. so, STFU. you are a authority only in disinformation to serve the interests of gas companies. why don't you just come clean and reveal your conflict of interest?
-----------------------
You call yourself Guillermo only, so STFU - you are a coward by your own definition. Maybe I do not want to "reveal" myself because I have family in Bolivia, dumbass.

b/t/w that is based on commercial and agency law with ample precedent (all the way back to Roman Law and the Code Napoleon) in both Civil Code and Common Law, ratified by treaties.

You are a moron if you truly believe that "nationalizing" resources = automatic equality for all Bolivians.
that is a worldwide story with 80 years of total failures. In resource rich Venezuela, with 30 + years of redistributive polices, it failed. In Venezuela oil $$$ went to support "national industry", making some people richer and employing people for a time, until economic reality hit.

It is just another version of the resource-fever cycle, where Bolivians now see gas as a cure-all for the ills of the country. Happened with oil 1st and 2nd time around. It even happened during the cocaine boom in the early 80's, there was a lot of dollars around. Then comes disapointment. In Bolivia's case - if you know Bolivia's history at all- it has meant more inefficiency, theft and corruption.

This is all based on a simple dumb way of economic thinking, that if X company extracts Y amount of gas and gets paid Z amount of dollars, it means that government G, comes in it will also extract Y amount of gas and make Z amount of money.
Or if you increase taxes from level A to level B, you will get higher revenues in direct proportion to the percentage of tax increase.

4:23 PM  
Anonymous Anonymous said...

The fact that investors didn't even break a sweat when Morales went off on his May Day charade is remarkable; not only has the MAS regime now effectively tricked its people into believing the natural gas issue is being solved, but they have shown the rest of the world that Morales is as much as a bourgeois, capitalist leader as anyone else. However, Evo is cunning: he knows how to sport a likeable facade to his people.

Bloggers in above posts (at least for this topic) seem to have been fretting over Morales and especially over Venezuela's Chavez. As a Marxist communist myself, I ask: what are you afraid of? Even if Chavez is gaining clout in Bolivia with his doctors and teachers (who, no, are not teaching the tenants of an alleged "unfreedom," but Venezuela's increasingly worker's state is another topic...), Morale's faux capture of foreign oil company plants just proves to us that the MAS is NOT a radical organization, and plays by the same stacked "free market " rules like everyone else. "Renegotiating" contracts with Petrobras a few days after the May Day incident just acts as vindication. May it be known that Morales has consoled these "victim" oil companies since the 1st, and is intent on keeping their business. Furthermore, I believe it was Morale's Vice-President who so righteously proclaimed that "Bolivia will not be socialist for at least another 50 years."

If the "Bolivarian Revolution" (something I am both in support of and critical of at the same time) had truly caught on in Bolivia, MAS would not be in power. The fact of the matter is, Bolivia is still one of those countries that will continue to be ruthlessly exploited by bourgeois imperialist interests, i.e., by the USA, the World Bank and IMF, those companies that profit from the World Bank pushes for "development" and "free trade," and, well, oil companies.

Perhaps I come off as cynical - well fine. This is the truth that Bolivians must confront today. This is the reason why Bolivians - and all people of the world, MUST overthrow the existing capitalist system. We've seen how much harm that system has done in Bolivia; now, once again, Morales has condoned it.

- HP

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