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Crystallex wins court order against Haitong over Venezuela assets

July 14, 2017, 03:33:00 PM EDT By Reuters
 

 
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By Brian EllsworthCARACAS, July 14 (Reuters) - Canadian miner Crystallex has
won U.S. court approval to bar China'sHaitong International
Securities Group Ltd <0665.HK> from transferring securities
owned by Venezuela, in a move to recoup damages from an
expropriation by the OPEC nation.
    The decision follows a similar one against Japanese bank
Nomura <8604.T> last month, in what Crystallex says is a broad
campaign it is waging to seize Venezuelan assets held in the
United States as recompense for the 2008 nationalization of its
Las Cristinas gold mine. [nL1N1JR1ZX]
    In 2016, the World Bank's International Centre for
Settlement of Investment Disputes (ICSID) awarded Crystallex
$1.386 billion in compensation for the seizure.
    Venezuela has made no attempt to pay the company, Crystallex
said.
    "We intend to use all means available to enforce the
judgement," said Robert Weigel, partner at New York law firm
Gibson, Dunn & Crutcher, which is representing Crystallex.
    Weigel said the firm was looking to target Venezuela's
largest asset in the United States: Citgo, a subsidiary of
Venezuela's state oil company PDVSA [PDVSA.UL].
    "The prize here is Citgo and we're getting closer to getting
it," he said.
    The United States District Court for the Southern District
of New York granted the request to bar Haitong from transferring
the securities, according to the court papers.
    Crystallex, which cited Reuters and other news outlets in
the request, said Venezuela was seeking to draw down assets in
the United States to prevent collection on the award.
    Around 20 companies have filed suits against Venezuela at
ICSID for a wave of nationalizations under former President Hugo
Chavez.
    Crystallex's moves against Haitong and Nomura are the most
aggressive to date.
    As Venezuela undergoes a major crisis, with millions
suffering food shortages and soaring inflation, the ruling
further complicates the nation's efforts to raise cash from
international financiers.
    Hundreds of thousands of people have taken to the streets in
recent months against President Nicolas Maduro, who succeeded
Chavez after his death.[nL1N1JZ0CU]
    Opposition leaders are urging banks not to finance Maduro's
government, citing human rights violations.
    Maduro insists his government is victim of an "economic war"
and has lambasted the opposition's campaign to block financing
deals.
    Both Haitong and Venezuela will be able to respond to the
restraining notices, Crystallex said in its request.
    Haitong and Venezuela's government did not immediately
respond to requests for comment.

 (Writing by Girish Gupta; Editing by Christian Plumb and Andrew
Hay)
 ((girish.gupta@thomsonreuters.com; +584241017786; Reuters
Messaging: girish.gupta.thomsonreuters.com@reuters.net))

Keywords: VENEZUELA LAWSUIT/ (URGENT)
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