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A new US general license allows Venezuela to hire legal and financial advisors for a potential debt restructuring, but it is not a green light for action. The license explicitly prohibits the consummation of a deal and direct negotiations with creditors. This is an important initial signal but suggests a full-fledged restructuring is not an immediate priority.
U.S. sanctions, intended to pressure the Venezuelan regime, create a legal barrier that prevents creditors and the government from even beginning negotiations on restructuring its defaulted debt. The path to resolution is ironically blocked by the very policy designed to force it.
Iraq's massive 80% debt write-off was an anomaly driven by the Bush administration's goal of building a stable democratic ally. The U.S. directly ran the country and had strong political motives for deep debt relief. This unique context is absent in Venezuela's case, making the Iraq precedent a poor guide.
In a future restructuring, the typical fight between creditors and citizens will likely be preceded by a new top tier of claimants. The U.S. government, seeking to cover its intervention costs, and oil companies, needing payment for past expropriations, will likely get first access to revenues.
Before any significant capital flows into Venezuela's oil sector, the near future will be dedicated to political negotiation and establishing a stable legal framework. Major players like Exxon still consider the country "uninvestable," meaning the primary focus will be on creating the conditions for future investment, not the investment itself.
Contrary to assumptions, oil majors are cautious about re-entering Venezuela. They worry about a lack of legal certainty and the risk that any deals could be undone and heavily scrutinized by a future U.S. administration, making the investment too risky.
Venezuela's bonds have rallied significantly as the market prices in a swift, positive political outcome enabling debt restructuring. Analysts, however, are more cautious, warning that the path to a stable, internationally-recognized government could be much longer and more complex than current market sentiment implies.
The recent regime change in Venezuela is not a clean break; the acting president was Maduro's VP, and the existing Chavista structure remains. The US administration is prioritizing stability and oil development with this existing framework, creating uncertainty for bondholders. The path to a debt restructuring is now unclear, as it's unknown how quickly or fairly creditors will be prioritized in this new bilateral arrangement.
To spur investment in Venezuela's risky environment, the U.S. administration may need to employ a "carrot and stick" approach with oil majors. This could involve offering capital guarantees to de-risk investments (the carrot) or threatening to revoke leases on U.S. federal lands for non-compliance (the stick).
The country is "uninvestable" not just due to political risk, but because of its legal structure. Current law requires foreign firms to partner with the national oil company, giving it a 51% stake. As this state entity is bankrupt and in default, any revenue it receives would be immediately frozen by creditors, making partnerships non-viable.
The US action in Venezuela is self-defeating even if the goal is oil. The resulting political instability and lack of legal guarantees mean no private oil major will make the tens of billions of dollars in investments needed to restore production to previous levels, capping output far below its potential.