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Is the Law Starting to Rule?

Luis Moreno Ocampo is president of Transparency International for Latin America and the Caribbean and served as a prosecutor in the trials against the Argentine juntas. He is a partner of Moreno Ocampo & Wortman Jofre, a professor at the University of Buenos Aires and currently visiting professor at Stanford. Here, he talks about corruption and the rule of law in Latin America and the forces that are bringing about change in the region.

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Orinoco No Flow?

Venezuela?s Orinoco oil belt, the largest known hydrocarbon deposit in the world, is a gold mine both to the Venezuelan government and foreign investors. Sponsors Texaco, Phillips Petroleum and Venezuela?s national petroleum company Petroleos de Venezuela (PDVSA) signed a $1.1 billion financing as part of the $3.5 billion Hamaca oilfield project in June. Financial backing from the Export-Import Bank of the US helped garner support from commercial banks. But President Chavez wants to pass a new hydrocarbons law (see Promulgations page 8) that threatens to raise future financing costs for oil exploration projects and deter investment in Venezuela?s energy industry.

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Polar Doubles Up

Empresas Polar, Venezuela?s largest private food-processing company broke new ground this February when it acquired a 98.2% stake in its largest competitor, publicly traded Mavesa, for $522 million. Because Mavesa trades on both the US and Venezuelan securities markets, a tender offer complying with both countries? securities and exchange commissions (SECs) had to be carefully crafted.

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Towards a Fairer game

Antitrust legislation has evolved rapidly in Latin America in recent years and continues to adapt to the region?s every changing market conditions. There is still work to be done but there is now a sense of inevitability about its application across the region. From Chile to Mexico the process is pushing ahead.

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