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Cablegate: Yemen 2006 Report On Investment Disputes And

VZCZCXRO3262
PP RUEHDE
DE RUEHYN #1788 1700924
ZNR UUUUU ZZH
P 190924Z JUN 06
FM AMEMBASSY SANAA
TO RUEHC/SECSTATE WASHDC PRIORITY 4379
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY

UNCLAS SANAA 001788

SIPDIS

SIPDIS

PLEASE PASS TO EB/IFD/OIA FOR JAMES ROSELI; L/CID FOR EMILY
DAUGHTRY.

E.O. 12958: N/A
TAGS: PGOV PREL CASC KIDE EINV ECON YM
SUBJECT: YEMEN 2006 REPORT ON INVESTMENT DISPUTES AND
EXPROPRIATION CLAIMS

REF: SECSTATE 60294

1. The United States Government is aware of two ongoing
claims of United States persons against the Republic of Yemen
Government (ROYG). The following information is keyed to
reftel instructions.

-------------------------
Claim 1: Property Dispute
-------------------------

a. Claimant A

b. 2005

c. Claimant A opened an American Citizen Services property
case with the Embassy on 25 September 2005 regarding his
claim against the Sanaa Governate. Claimant A contends that
the Governate seized 113 "libnas" of his land (a libna is a
local unit of land area equal to roughly 210 square meters).
The seized portion of land is part of a larger 250-libna
block in the Beir Obeid zone of Sanaa where the government is
planning to build a new road. According to Claimant A's
lawyer and an official in the Sanaa Governate Capital
Secretariat, compensation for the land seizure would require

SIPDIS
the personal approval of Sanaa's mayor. To date, Claimant
has received no decision on compensation in the case, though
local officials say the responsibility for pursuing the
compensation claim lies with Claimant A. Rather than pushing
for compensation, Claimant A maintains that the entire
seizure is inappropriate and that the property should be
returned.

--------------------------------
Claim 2: Canceled Oil Concession
--------------------------------

a. Claimant B

b. 2005

c. On 14 November 2005, Claimant B's production sharing
agreement (PSA) with the ROYG expired. The PSA covered an
oil concession in Block 18 in the Mareb region, and was taken
over by the Government-owned Safir Exploration and Production
Operations Company. Claimant B signed a five-year extension
agreement with the Ministry of Oil in January 2004, and
believes the agreement is binding. The claimant also argues
that the ROYG required the company to commit to additional
investments based on the extension agreement. The ROYG
contends that the agreement required, and failed to obtain,
parliamentary approval and is therefore not legally binding.
Claimant B filed arbitration procedures against the ROYG on
21 November 2005 before the International Chamber of Commerce
in Paris, and seeks damages of more that USD 1 billion. The
case is ongoing, and post expects both sides to abide by the
outcome of the ICC.

---------------------
Identity of Claimants
---------------------

Claimant A: Noman Al Huth. American citizen at time of
taking. Has not signed Privacy Act Waiver.

Claimant B: Yemen Exploration and Production Company. An
American company at time of taking, comprised of Hunt Oil
Company and Exxon Mobil Corporation. The company has not
singed a Privacy Act Waiver.
Krajeski

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