Gold Reserve Inc. (TSX.V:GRZ) (OTCQX:GDRZF) (Gold Reserve
or the Company) is pleased to announce that on May 1, 2023
the U.S. Office of Foreign Assets Control (OFAC) published
guidance stating that it will not take enforcement action against
individuals or entities participating in the previously announced
sales process for the shares of PDV Holding, Inc. (PDVH),
the indirect parent company of CITGO Petroleum Corp.
The sales process of the PDVH shares is being overseen by the
United States District Court for the District of Delaware (the
Delaware Court).
OFAC’s guidance confirmed that a license will be required before
any sale of the PDVH shares is executed but it also stated that it
intends to implement a favorable licensing policy in connection
with any sale and that, in making these licensing determinations,
it is “committed to fair and equivalent treatment of potential
creditors.”
As previously announced by Gold Reserve, the Company was granted
a conditional writ of attachment fieri facias by the Delaware Court
allowing Gold Reserve to be treated the same as certain Other
Creditors (as detailed in the applicable court documents filed with
the Delaware Court) of the Bolivarian Republic of Venezuela (the
Republic of Venezuela). On March 23, 2023, the Delaware
Court granted the Other Creditors conditional writs of attachment
regarding the shares of PDVH on the basis that Petroleos de
Venezuela, S.A. (also known as PDVSA), the holding company of PDVH,
is the alter ego of the Republic of Venezuela, and therefore its
property is subject to attachment and execution by judgment
creditors of the Republic of Venezuela.
Based on recent OFAC guidance, writs of attachment may now be
filed for without prior OFAC authorization but, as noted above, any
sale transactions in the PDVH shares will continue to require OFAC
authorization.
Gold Reserve’s writ of attachment provides it with the
opportunity to potentially enforce its September 2014 arbitral
award and corresponding November 2015 U.S. judgement by
participating in proceeds of the potential sale of the PDVH
shares.
OFAC’s position concerning the sales process was reported (with
additional guidance provided by OFAC thereafter) in the previously
announced status report that was filed by the Special Master on
April 30, 2023.
As previously announced, the Company and the Other Creditors
have been directed by the Delaware Court to file a joint status
report on May 5, 2023 to include a proposed briefing schedule for
including additional judgements, such as the Company’s, in the
existing sales process for the PDVH shares.
PDVSA has filed a notice of appeal in respect of the decision of
the Delaware Court to grant the Company, and the Other Creditors,
the writs of attachment fieri facias. It is expected that the
resolution of such appeal will take between six to eighteen months,
with no assurances as to timing or outcome. PDVSA filed a motion to
stay the Company’s action (and actions of the Other Creditors)
during the pendency of this appeal, but the Delaware Court denied
that motion. PDVSA has now requested the same relief from the
appellate court via an “emergency motion”.
Rockne J. Timm, CEO stated, “With OFAC’s guidance on this
matter, we look forward to taking the next steps to have our Writ
of Attachment filed and evaluating and entering the sales process
to potentially enforce our September 2014 arbitral award and
corresponding November 2015 U.S. judgement of approximately U.S
$994 million (inclusive of interest). Also, the Company remains
open in compliance with applicable U.S. and Canadian Sanctions, to
resolving matters outside of our various legal cases with respect
to the restoration of Siembra Minera’s mining rights, potential new
arbitration related thereto and the collection of amounts owed to
the Company.”
Further information on PDVH and CITGO Petroleum Corp.
PDVH is the indirect parent company of CITGO Petroleum Corp.
Based on public disclosure, CITGO Petroleum Corp. operates three
refineries in the U.S, and wholly and/or jointly owns 38 active
terminals, six pipelines and three lubricants blending and
packaging plants. CITGO Petroleum Corp. ranks itself as the
fifth-largest independent refiner in the U.S. with approximately
3,300 employees and a combined crude capacity of approximately
769,000 barrels-per-day (bpd).
CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING
STATEMENTS
This release contains “forward-looking statements” within the
meaning of applicable U.S. federal securities laws and
“forward-looking information” within the meaning of applicable
Canadian provincial and territorial securities laws and state Gold
Reserve’s and its management’s intentions, hopes, beliefs,
expectations or predictions for the future. Forward-looking
statements are necessarily based upon a number of estimates and
assumptions that, while considered reasonable by management at this
time, are inherently subject to significant business, economic and
competitive uncertainties and contingencies. We caution that such
forward-looking statements involve known and unknown risks,
uncertainties and other risks that may cause the actual outcomes,
financial results, performance, or achievements of Gold Reserve to
be materially different from our estimated outcomes, future
results, performance, or achievements expressed or implied by those
forward-looking statements, including without limitation, the
completion of the sales process, whether OFAC will grant an
authorization in connection with any potential sale of PDVH shares
and/or whether it changes its decision or guidance regarding the
sales process, the ability to enforce the writ of attachment fieri
facias granted to Gold Reserve, that PDVSA has opposed the
inclusion of any additional judgements in the existing sales
process and appealed the Delaware Court’s decision to grant the
writs of attachment fieri facias, along with its appeal of the
Delaware Court decision to not stay the sale process pending the
foregoing appeal, including the potential time and cost associated
with such appeals and whether PDVSA will be successful in one or
more of these appeals, that the Company will be granted such order
from the Delaware Court such that the Company can formally
participate in any sales process of the PDVH shares, the timing set
for various reports will not be met, the ability to otherwise
participate in the potential sales process in connection with the
PDVH shares (and related costs associated therewith), the amount,
if any, of proceeds associated therewith; the competing claims of
certain creditors, the Other Creditors and the Company, and the
proceeds from the sale of the PDVH shares may not be sufficient to
satisfy the amounts outstanding under the September 2014 arbitral
award and/or corresponding November 15, 2015 U.S. judgement in
full. This list is not exhaustive of the factors that may affect
any of Gold Reserve’s forward-looking statements. For a more
detailed discussion of the risk factors affecting the Company’s
business, see the Company’s Annual Report on Form 20-F and
Management’s Discussion & Analysis for the year ended December
31, 2022 and other reports that have been filed on SEDAR and are
available under the Company’s profile at www.sedar.com and which
have been filed on EDGAR and are available under the Company’s
profile at www.sec.gov/edgar.
Investors are cautioned not to put undue reliance on
forward-looking statements. All subsequent written and oral
forward-looking statements attributable to Gold Reserve or persons
acting on its behalf are expressly qualified in their entirety by
this notice. Gold Reserve disclaims any intent or obligation to
update publicly or otherwise revise any forward-looking statements
or the foregoing list of assumptions or factors, whether as a
result of new information, future events or otherwise, subject to
its disclosure obligations under applicable rules promulgated by
the Securities and Exchange Commission and applicable Canadian
provincial and territorial securities laws.
Neither the TSX Venture Exchange nor its Regulation Services
Provider (as that term is defined in policies of the TSX Venture
Exchange) accepts responsibility for the adequacy or accuracy of
this release.
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version on businesswire.com: https://www.businesswire.com/news/home/20230503005969/en/
Gold Reserve Inc. Contact Jean Charles Potvin 999 W.
Riverside Ave., Suite 401 Spokane, WA 99201 USA Tel: (509) 623-1500
Fax: (509) 623-1634
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