Carlos Mendoza Potellá: ‘The Hydrocarbon Law Reform Is a Surrender of Venezuelan Sovereignty’
Mendoza Potellá situates the recent oil reform in the historical context of foreign influence over Venezuela’s energy sector. (Venezuelanalysis)
Carlos Mendoza Potellá is an economist and university professor with vast experience and expertise regarding the Venezuelan oil industry. In this exclusive interview with Venezuelanalysis, Mendoza Potellá offers his analysis on the recent reform of the Hydrocarbon Law, the longstanding influence of Western conglomerates over Venezuela’s energy sector, and the struggle for sovereignty.
In late January, the Venezuelan National Assembly approved a reform of the Hydrocarbon Law. What are your views on the new law?
In broad terms, it is the relinquishing of our condition as a sovereign nation, plain and simple. We are not a nation anymore. We are a territory with some delegate administrators implementing decisions made abroad. Who decides? Emperor Trump, who has his proconsul Marco Rubio.
The approved law meets the maximum demands that the Venezuelan right and the oil conglomerates have been making for at least the last 25 years. The 2002 coup against Chávez was to impose something like this, the return to the old concession model. It is the fulfillment of all the dreams of the old “meritocratic” leadership of [state oil company PDVSA], the people who did everything to minimize the fiscal contributions to the country, whether that meant buying 37 refineries abroad or other disasters that wrecked the country.
The reform is a victory for international oil capital, alongside a discourse that hands over the destiny of the industry to major corporations and diminishes national participation as some unproductive “rentierism.”
The Venezuelan oil industry has gone through various stages, with varying degrees of influence from major transnational corporations, whether that is the period prior to the formal nationalization in 1976 or the Oil Liberalization (Apertura Petrolera) of the 1990s. How do we situate the new law within that context?
I believe this is a step backward beyond the apertura or the pre-nationalization period –perhaps it’s a return to 1832! In 1829, Simón Bolívar issued a decree transferring the Spanish crown’s mining rights to Gran Colombia. This, in turn, was based on old medieval law, essentially establishing that mines were the property of the sovereign, the king. In fact, that is where the term “royalty” comes from –as a tribute to the king. And in 1832, when Venezuela separated from Gran Colombia, that decree ratified the nation’s ownership of its mines.
Obviously, oil didn’t emerge until 30 or 40 years later, but by 1866 concessions were already being granted. For a time, people spoke of “material that comes from the subsoil,” even though everyone already knew it was oil.
Our first boom was with asphalt. In 1883, Guzmán Blanco granted the Lago Guanoco concession to his buddy Horacio Hamilton, who later transferred it to the New York & Bermúdez Company, a subsidiary of the US firm General Asphalt. The asphalt boom lasted 50 years, and with it, streets and highways were built all over the United States.
But the example of New York & Bermúdez is significant because when Cipriano Castro came to power in 1899, he found out that the company had not paid taxes and attempted to collect them. What did the corporation do? It financed the so-called Revolución Libertadora led by Manuel Antonio Matos, a banker from La Victoria, which was ultimately defeated after two bloody battles. It was the first instance of foreign hydrocarbon interests seeking to control national politics. And it was always linked to the United States.
In the 1920s, then-dictator Juan Vicente Gómez tasked his minister, Gumersindo Torres, with drafting a hydrocarbons law, but the foreign companies did not like it. And Gómez told them, “Well, then, write the law yourselves!” Later, in 1936, the López Contreras administration drafted a very good law, but since it wasn’t retroactive, the companies did not mind because they already had their concessions granted.
When do we start seeing the first steps toward Venezuelan oil nationalism?
It was precisely in 1941 that Medina Angarita took office and commissioned a massive dossier on all the concessions in the country, informing the US government that Venezuela was aware of the importance of its oil. This was during World War II, and the oil companies were haunted by the specter of the 1938 Mexican nationalization under the government of Lázaro Cárdenas.
What was [Franklin D.] Roosevelt’s response? He sent a delegation from the State Department, not to intercede on behalf of the oil companies, but to convince them to accept Medina’s reform, because Venezuelan oil was vital to the war effort. The law passed in 1943 was quite progressive. Its first article stated that hydrocarbons are a matter of national public interest, and as such, concessions were granted for a maximum term of 40 years. Eighty percent of the concessions were granted at that time, to expire in 1983.
Venezuelan production grew through the 1970s, but as the end of the concessions approached, the transnational corporations began implementing policies to somewhat ease the hostility toward foreign investment.
Thus, a policy of “Venezuelanization” of the industry’s management was put into effect. That is why, when the so-called nationalization took place (1976), companies such as Shell and Creole, a subsidiary of Standard Oil-Exxon, had Venezuelans serving as president or vice president. These executives later assumed leadership of the newly created national companies. Their passports were Venezuelan, but their hearts belonged to foreign corporations!
Historically, how was the relationship between foreign corporations and Venezuelan authorities? And how did they respond to the 1976 nationalization?
The corporations grew accustomed to the idea of an industry tailored to their interests. I mentioned how they were the ones who drafted the first Hydrocarbons Law. Oversight bodies, such as the Technical Office of Hydrocarbons, were constantly undermined in their efforts to regulate oil activities. And so the companies could extract oil without paying royalties, violate technical standards for field exploitation, or export gasoline instead of fuel oil.
The 1970s were a turbulent time for the oil sector, marked by geopolitical tensions and the 1973 crisis in the Arab countries. In 1973, James Akins, the Nixon administration’s Director of Energy at the State Department, wrote an article in Foreign Affairs titled “The Oil Crisis; This Time the Wolf Is Here.” He argued that Venezuela could be key to reducing dependence on the Middle East, and that in the face of growing oil nationalism, it was necessary to cede some ground and consider other models of participation, while maintaining control over critical areas such as refining and commercialization.
Put differently, it was possible to offer some token concessions to the nationalist aspirations of oil-producing countries like Venezuela. And that rhetoric spread to the transnational corporations. The president of Shell said at the time, “Venezuela is going to have to take action regarding its oil industry,” while the head of Creole spoke of “the Venezuelans’ oil”!
There were growing signs of how the nationalization would take shape and how the transnationals were restructuring. A good example is the Venezuelan Petroleum Corporation (CVP), created in 1960. Juan Pablo Pérez Alfonzo, whom I consider a visionary and a deeply nationalist figure, had conceived it as a company that would develop until the time came for the state to take over production. But the governments did not let it grow; they did not assign concessions it was entitled to, and by the time of nationalization, the CVP was simply one more operator among 13 or 14.
In contrast, [Petróleos de Venezuela, SA] PDVSA, created with the nationalization, did have a very clear vision from the start. I remember hearing senior PDVSA executives talking among themselves, discussing how one came from the “Exxon culture,” which was more vertical, and the other from the “Shell culture,” which was more horizontal. And these were the managers! They were the leaders of the Venezuelan oil industry, which had very little “Venezuelan” about it. What we are seeing now is the reconstitution of all these things.
Circling back to the current reform, we have seen that sovereignty is a central issue. How is it affected on different fronts?
For me, a fundamental issue is the return of concessions. Because that means going back decades, handing control back to transnational conglomerates. With taxes and royalties, the problem is not whether the rate is 30% or 15%; that flexibility existed in the past. But now it is the transnational corporations that tell the government what their operating costs are and how much goes to the Venezuelan state. There is no oversight body to verify this; instead, the company says, “I need you to lower royalties to this level” for the project to be profitable.
The return of international arbitration is also a brutal setback, because it means that disputes are not settled in Venezuelan courts, but in other bodies that have a history of defending corporate interests. There is no role left for the Public Solicitor’s Office (Procuradoría General), which is essentially the nation’s attorney.
For months we were told we were ready to confront imperialism, but the truth is that everything is being imposed on us. Even the National Assembly is castrating itself. It has enacted a law stating that oil projects no longer require the parliament’s approval; they need only be notified. And on top of all that, there is also the constitutional issue. The reform conflicts with Articles 1, 12, 150, 151, and several others of the Constitution. But this is not merely a constitutional violation; it is a total surrender. A surrender of sovereignty that calls into question our status as a republic.
One of the issues under debate is the distinction between a country that owns oil and a country that produces oil. How should we understand the difference?
Of course, that’s fundamental. A country that owns oil simply collects royalties, and it does so according to its political capabilities. At the moment, Venezuela’s capabilities are limited, because the military cannot confront the enemy, and allies like Russia and China have not shown themselves willing to take any risks. So, there is little room to impose conditions on the US.
But this is a country that has grown used to the multinational corporations having free rein over its oil sector. Unfortunately, there are many people, within the industry itself, who believe that “the foreign conglomerates developed this and therefore have a right to these privileges.” Curiously, that is the same rhetoric Trump uses!
This struggle for sovereignty is fundamental in oil-producing countries. We have seen this with the countries of the Middle East, which try to assert themselves but remain highly dependent on the United States. Obviously, they have the advantage of not being as close as we are. But in my opinion, historically we have lacked nationalism on this issue.
One of the arguments in favor of reforming the Hydrocarbon Law was the need to attract investment to so-called “green fields,” on the grounds that when the previous law was passed in 2001, there were many mature fields ready for development and this is no longer the case. However, major corporations have not shown much enthusiasm. What is your reading on this?
Those are fantasies about oilfields that have always been unviable; it is the obsession with the Orinoco Oil Belt. Humberto Calderón Berti, minister of mines in the 1980s and a major proponent of PDVSA’s internationalization, was already talking about green fields back then. By the way, Calderón Berti is now talking about the possibility of fracking in Lake Maracaibo, which would make the lake’s environmental disaster even worse.
The idea that an avalanche of investment is coming is an illusion, and the oil companies themselves know it. Trump talks about investments of $100 billion, but transnational corporations like ExxonMobil use the word “uninvestable.” With market volatility, no one is thinking about investing in oil with extremely high production costs. There is a study that concludes that increasing production to 2.6 million barrels per day based on the Orinoco Belt would require US $90 billion in investments and $122 billion in operating expenses over the next 10 years to drill 13,000 new wells! In other words, it is completely unfeasible.
On top of that, OPEC’s forecasts for oil demand over the coming decades aren’t particularly ambitious. (1)
So who stands to benefit from this new landscape? On the one hand, small “rogue” companies that can take on a well here and there. But above all, the conglomerates that are already here, like Chevron, which know the lay of the land and can expand their operations or make their current operations more profitable. The same goes for Eni and Repsol, which have some crown jewels, like the offshore Perla natural gas field. The corporations that come will be betting mostly on conventional fields, not the Orinoco Belt.
It is very commonplace to hear about US refineries in the Gulf of Mexico that are built to receive Venezuelan crude. That is true, but it is not oil from the Orinoco Belt! It is oil from the Oriente (East) and Occidente (West) oil-producing regions.
Let us stay for a moment on the Orinoco Oil Belt, since that is where the talk of the “largest oil reserves on the planet” centers, as well as the prospects for a massive increase in production. What are the myths and realities surrounding these deposits?
The Orinoco Belt is a geological miracle. Eighty million years ago, 10–15 percent of all life that existed on the planet was fossilized north of the Orinoco River. It is something to cry out to the heavens. But that is not exploitable oil. It is extra-heavy crude, a sticky mess that needs to be upgraded. First it must be converted into liquid petroleum so it can flow through pipelines, and then taken to be refined and turned into gasoline.
In the 1970s, the United States saw the energy crisis coming and asked, “When conventional oil runs out, where can we find oil around the world?” In three places: the Soviet Union, Canada, and Venezuela. And where in Venezuela? In the Orinoco Oil Belt. Pérez Alfonzo spoke of the belt as “something for the future,” but the United States wanted to accelerate exploitation and sent a delegation in 1971 to convince President Rafael Caldera to begin the process. In fact, the name was changed from “Tar Belt” to “Oil Belt” to make it more attractive.
The US Geological Survey estimates that there are 513 billion barrels of “technically recoverable” oil. But that is absurd, because there is no capacity. What makes a reserve recoverable has to do with economic ability, the market, and the available technology. Nevertheless, the Orinoco Belt has been at the center of grandiose projections over the past few decades, alongside the highly lucrative business of certifying reserves.
The oil reform took place in a specific context, following years of economic sanctions that have left PDVSA in a very difficult situation. What would be an alternative path? How can the industry recover without surrendering sovereignty?
There are no magic solutions, obviously. We are facing imperialism in the Trump era; we see all its destructive potential. It is a phase where the US, paradoxically, recognizes its weakness and is entrenching itself in its “backyard.” But we must be aware that the industry’s current course is one of total capitulation.
Whether we can recover, whether it is possible or not, we must think about it rigorously, in a sovereign manner. And above all, we must have a serious plan; we cannot be dreaming of 5 or 6 million barrels a day.
There are 17,000 conventional oil wells, with the capacity to produce, abandoned around the country. Of the 35,000 wells in Venezuela, only half are currently producing. The others require investment, though not particularly large ones. And what kind of oil will these wells produce? Crude grades ranging from 20 to 30 degrees. But we need a plan, to examine wells one by one. These are wells that will produce 20, 50, or 100 barrels a day, but it is light and medium crude—the “classic” Venezuelan oil.
So, from a nationalist perspective, what does the future hold for Venezuela’s oil industry?
The future is to build a post-oil Venezuela. This was already being discussed by theorists such as Francisco Mieres and Pérez Alfonzo in the 1970s. Then, in recent years, many began talking about a post-oil or post-rentier country, but mostly to cover up their incompetence and inability to maintain production levels.
There is no magic solution, and the oil industry will have to play an important role. But the current situation is dire. We are in a new phase of absolute political dependence. It’s not just about oil, or that the US controls revenues, imposes concessions, and so on. It is that the country has lost the ability to make its own decisions.
There are also expectations of the people, who to a large extent have become accustomed to the idea that their oil will last forever. That creates the illusion that things can improve very quickly. The path will be slow, but it has to start with regaining sovereignty.
Note
(1) The interview was conducted before the launch of the US-Israeli war against Iran.
