Luxembourg financial institution EXCLUSIVELY advised to freeze Ecuadorian belongings amid Perenco dispute, paperwork present

  • The bailiff ordered 122 banking entities working in Luxembourg to freeze Ecuadorian belongings
  • Ecuador points bonds listed in Luxembourg in 2020, debt restoration
  • Some bondholders have acquired curiosity funds due on July 31

LONDON, Aug 1 (Reuters) – A Luxembourg bailiff has ordered banks to freeze belongings held by Ecuador in Luxembourg accounts over a dispute over a $391 million settlement award that Anglo-French oil firm Perenco says has not but been paid, paperwork seen by Reuters present.

The Ecuadorian authorities promised in June 2021 to pay the debt, which was awarded to Perenco by the World Financial institution’s Heart for Worldwide Funding Disputes (ICSID), which dominated that Ecuador had unlawfully terminated a production-sharing settlement with the corporate.

Ecuador’s lawyer common mentioned final 12 months that attributable to tight funds, the federal government had contacted Perenco to barter a cost plan. learn once more

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“Perenco to this point, greater than a 12 months later, nonetheless has not acquired a single greenback from Ecuador,” Perenco mentioned in an announcement on Monday, including it was “taking steps to implement its cost rights in opposition to Ecuador in Luxembourg and different jurisdictions.”

Ecuador’s economic system ministry and vitality ministry weren’t instantly out there for remark. International legislation agency Hogan Lovells, Ecuador’s authorized adviser on US legislation, declined to remark.

A spokeswoman within the London workplace for Cleary Gottlieb Steen & Hamilton LLP, authorized counsel to the seller supervisor on the Ecuadorian eurobond, didn’t instantly reply to a request for remark.

Perenco now has eight days to begin courtroom proceedings to substantiate the annexation, and Ecuador has 50 days to instruct a legislation agency to symbolize them in Luxembourg, mentioned Fabio Trevisan, associate and head of the Dispute Decision apply of BSP, the legislation agency representing Perenco.

Paperwork seen by Reuters present the Luxembourg bailiffs, Pierre Biel & Geoffrey Galle, on July 28 ordered 122 banking entities working in Luxembourg to freeze belongings in accounts utilized by Ecuador on behalf of Perenco.

A spokesman for European settlement home Clearstream confirmed that Clearstream Banking SA in Luxembourg had acquired the bailiff’s observe, though declined to supply additional particulars.

An worker on the bailiff declined to remark when contacted by Reuters as a result of they weren’t licensed to talk to events not concerned within the case.

Reuters couldn’t instantly decide the belongings Ecuador held in Luxembourg accounts. Named banks embody Deutsche Financial institution (DBKGn.DE), Credit score Suisse (CSGN.S) and HSBC (HSBA.L).

Credit score Suisse and Deutsche Financial institution declined to remark, whereas HSBC didn’t instantly reply to requests for remark.


The Latin American nation two years in the past defaulted on $17.4 billion in international debt because it confronted one of many area’s worst coronavirus outbreaks following years of financial decline.

As a part of the debt restructuring that adopted, Ecuador bought new bonds maturing in 2030, 2035 and 2040 listed on the Luxembourg inventory trade. , ,

Most of those bonds have curiosity funds due on July 31. Some bondholders have acquired curiosity funds that have been paid on the securities as of July 31, sources aware of the matter mentioned.

Holders of Ecuadorian worldwide bonds embody main asset managers reminiscent of BlackRock, PIMCO and JPMorgan, in line with knowledge out there on EMAXX, which offers particulars of fund holdings primarily based on their public disclosures. PIMCO declined to remark, whereas BlackRock and JPMorgan weren’t instantly out there for remark.

The case that led to the ICSID award stemmed from a 2007 decree issued by then-President Rafael Correa that elevated the Ecuadorian state’s income from the sale of oil produced by personal firms above a sure degree. learn once more

Perenco sued Ecuador in 2008 and was finally awarded $412 million in Could final 12 months. Perenco is entitled to $391 million after making an allowance for the compensation it was ordered to pay Ecuador for the environmental injury brought about within the space the place it operates in Blocks 7 and 21.

President Guillermo Lasso, a conservative former banker who takes workplace in Could 2021, has promised to revive Ecuador’s economic system and appeal to funding – notably in oil and mining. learn once more

“Perenco stays hopeful that the Authorities of Ecuador will lastly fulfill its worldwide obligations, display its dedication to the rule of legislation, and uphold its guarantees to international buyers, by instantly fulfilling the Award with out additional delay,” the corporate mentioned in its assertion.

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Reporting by Rowena Edwards and Karin Strohecker in London; Extra reporting by Alexandra Valencia in Quito and Jorgelina do Rosario in London; Enhancing by Elisa Martinuzzi, Daniel Wallis and Louise Heavens

Our Requirements: Thomson Reuters Belief Ideas.

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