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DE RUEHCV #0143/01 0351442
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R 041442Z FEB 10
FM AMEMBASSY CARACAS
TO RUEHC/SECSTATE WASHDC 0411
INFO WESTERN HEMISPHERIC AFFAIRS DIPL POSTS
RHEFHTA/TSA HQ WASHINGTON DC
RHMFISS/FAA MIAMI ARTCC MIAMI FL
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RHMFISS/HQ USSOUTHCOM MIAMI FL
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC

C O N F I D E N T I A L CARACAS 000143 
 
SIPDIS 
AMEMBASSY BRIDGETOWN PASS TO AMEMBASSY GRENADA 
AMEMBASSY OTTAWA PASS TO AMCONSUL QUEBEC 
AMEMBASSY BRASILIA PASS TO AMCONSUL RECIFE 
 
E.O. 12958: DECL: 2020/02/04 
TAGS: EAIR ECON ETRD PREL SNAR VE BEXP EINT ETTC
SUBJECT: Venezuela: Airlines Close to Deal with GBRV on Arrears 
Payments 
 
REF: 10 CARACAS 27 
 
CLASSIFIED BY: Steuart, Darnall, Economic Counselor, DOS, ECON; 
REASON: 1.4(B), (D) 
 
¶1.  (C) SUMMARY:    The International Air Transport Association 
(IATA) reached an agreement with the Venezuelan Central Bank (BCV) 
to use the new 2.6 bolivares fuertes (BsF) to $1 exchange rate to 
liquidate foreign exchange requests pending with the GBRV from 
international airlines prior to the January 8 announcement of a 
devaluation which became effective on January 11.   This was 
subsequently confirmed in a regulation published in the Official 
Gazette on January 27, 2010.  The BCV also pledged to IATA that the 
Venezuelan current exchange board (CADIVI) would process the 
arrears owed to air carriers before the end of May 2010.  U.S. air 
carriers alone had requests of approximately $260 million pending 
with CADIVI prior to the devaluation.  Air services ticketed from 
January 11 onwards will be priced at the 4.3 BsF/USD exchange rate. 
U.S. airlines report that they are generally satisfied with the 
agreement under which they will only take a 17 percent loss on 
pending CADIVI requests.  Certain other issues are still under 
negotiation and Delta has specifically informed Post that it is 
rejecting receipt of the 2.6 BsF/USD rate for payments authorized 
immediately before the devaluation but not yet liquidated by the 
BCV.   The airlines said they considered requesting U.S. Government 
advocacy, but did not due to the tense bilateral relationship with 
the GBRV.  End Summary 
 
 
 
¶2.  (U) The devaluation was announced by President Chavez on 
January 8 and subsequently confirmed by publication in the Official 
Gazette on January 11.  The devaluation created two official 
exchange rates (2.6 BsF/USD and 4.3 BsF/USD) and immediately caused 
a clamor by sectors, including the aviation sector, about which 
exchange rate would be used to liquidate requests pending before 
CADIVI prior to January 8.  (NOTE:  The Official Gazette notice 
announcing the devaluation indicated that any requests pending at 
BCV on January 11 would be recognized at the 2.15 BsF/USD rate in 
place at the time of the devaluation (reftel).  Requests at CADIVI, 
that authorizes the dollar payments which are then forwarded to the 
BCV, were not mentioned in the announcement.   END NOTE).  Foreign 
carriers had formerly been able to request CADIVI foreign exchange 
approvals at the old 2.15 BsF/USD rate to move BsF out of country 
and cover USD costs (NOTE:  Domestic Venezuelan carriers were not 
authorized access to CADIVI dollars.  END NOTE).    Under the new 
foreign exchange rate system, airlines will use the second exchange 
rate of 4.3 BsF/USD for all post-devaluation requests for dollars. 
 
 
 
 
¶3.  (C) Carriers did not know which exchange rate the BCV would use 
to liquidate CADIVI requests that pre-dated the devaluation and 
were concerned that they might take a 50 percent exchange loss. 
IATA Country Manager for Venezuela Marisela Loaiza (protect) told 
Econoffs on January 28 that IATA and the BCV had reached an 
agreement to use the 2.6 BsF/USD rate for pending airline CADIVI 
requests.   This was confirmed in a regulation published by the 
GBRV on January 27 which became public on the 28.  The Official 
Gazette announcement includes just those requests already pending 
before CADIVI (for example, a request filed with CADIVI for 
services provided by the airline in October 2009 and submitted to 
CADIVI in December 2009).  According to IATA data, U.S. carriers 
have pending CADIVI dollar payments of around $260 million:  $202 
million for American Airlines for requests covering submissions 
through October 2009; $17 million for Continental Airlines for 
requests covering submissions through October 2009; $36 million for 
Delta Airlines for requests covering submissions through September 
2009; and, finally, $3.8 million for Federal Express for requests 
covering submissions through June 2009.  (NOTE: In cases of 
devaluation, the government historically has not recognized the 
previous exchange rate for pending payments. End Note) 
 
 
 
¶4.  (C) Loaiza also noted that the BCV had agreed to pay all 
arrears through December 31, 2009 within the next four months; this 
agreement has not been reflected in the Official Gazette yet.  The 
airlines had not submitted their dollar payment requests to CADIVI 
for the last months of 2009 (apparently November -December in the 
case of American and Continental; October-December for Delta; and 
July-December for FEDEX).  In addition, the airlines, through IATA, 
 
 
are still negotiating with the BCV to recognize sales made through 
January 11 at the 2.6 BsF/USD since air fares were sold at the 2.15 
BsF/USD rate until the Official Gazette announcement of the 
devaluation.  Petitions have not yet been submitted for sales in 
January. 
 
 
 
¶5.  (C) Although the 2.6 rate means an exchange rate loss of 17 
percent on their pending 2009 requests, U.S. carrier 
representatives in Caracas indicated to Econoff that it was much 
better than if they received the 4.3 rate, or a 50 percent 
reduction.   Under Venezuelan law, airlines could charge passengers 
the difference between the old exchange rate and the new one for 
unused tickets purchased prior to the devaluation.  At this time, 
the airlines do not plan to do this because the loss is not as 
significant as it would have been at the 4.3 rate.  [NOTE: American 
Airlines particularly took millions of dollars in exchange losses 
due to actions taken by the BCV before and after a devaluation in 
¶1995.  It took the case to court and lost.  END NOTE.] 
 
 
 
¶6.  (C) Juan Fermin (protect), Country Manager for Delta, told 
Econoff on January 22 that Delta had rejected dollar payments for 
January and February 2009 because the BCV would not recognize the 
2.15 BsF/USD rate.  Although the CADIVI payment authorization for 
those months had been given the last week of December, the BCV had 
informed Delta that it would liquidate at the 2.6 rate presumably 
because the CADIVI authorization had not been forwarded to the BCV 
before the devaluation was announced.  Fermin said he is urging his 
home office to accept the dollars at this rate.  Fermin also 
informed Econoff that the airlines had discussed the possibility of 
involving Post in BCV talks.  He remarked that they were ultimately 
reluctant to do so due to the tense bilateral relationship between 
the USG and the GBRV. 
 
 
 
¶7.  (C) COMMENT:  IATA's breakthrough is a positive step for the 
airlines but they will have to wait to see the money before 
celebrating.  The January 27 regulation which acknowledged that 
pending airline requests would be honored at the more favorable 2.6 
BsF/USD exchange rate listed a number of other sectors whose 
pending requests would also be honored at the preferential rate.  A 
local analyst who follows the CADIVI process closely has published 
a cautionary note to the affect that the GBRV is simply not 
receiving enough dollars from its oil sales to satisfy the demand - 
whether at 2.6, 4.3 or any other official exchange rate that might 
be set in the coming months. 
DUDDY