award to third-party claimants against certain Venezuelan state-owned companies and as ordered by the Supreme Court of Judicature of Jamaica, Jamaica has made payments owed under the PetroCaribe Agreement totaling approximately U.S.$25.2 million from the segregated account into a receivership benefitting such claimants. Any disruption of oil supplies or a significant increase in international oil prices may have a material adverse effect on the Jamaican economy and Jamaica’s ability to service its debts, including the notes.
There can be no assurances that Jamaica’s credit ratings will improve or remain stable, or that they will not be downgraded, suspended or cancelled by the rating agencies.
Jamaica’s long-term foreign-currency debt is currently rated sub-investment grade by the three leading rating agencies. As of March 7, 2023, Fitch Ratings affirmed Jamaica’s credit rating at “B+” and revised Jamaica’s outlook from “stable” to “positive.” As of September 13, 2023, S&P Global upgraded the “B+” credit rating of Jamaica to “BB-” and affirmed Jamaica’s outlook as “stable.” As of October 19, 2023, Moody’s upgraded the “B2” credit rating of Jamaica to “B1” and revised Jamaica’s outlook from “stable” to “positive.”
Ratings address the creditworthiness of Jamaica and the likelihood of timely payment of Jamaica’s long-term bonds. Jamaica’s credit ratings may not improve and they may adversely affect the trading price of Jamaica’s debt securities (including the notes), which could potentially affect Jamaica’s cost of funds in the international capital markets and the liquidity of and demand for Jamaica’s debt securities.
No assurances can be made that PDV Caribe S.A.’s request for arbitration will be denied, or, if their claim is successful, that the award will not be material.
PDV Caribe S. A. has filed a claim for approximately US$84.7 million in relation to Jamaica’s compulsory acquisition of shares in Petrojam Limited pursuant to the Compulsory Acquisition (Shares in Petrojam Limited) Act, 2019 (the “Compulsory Acquisition Act”), which shares had been formerly held by PDV Caribe S.A. pursuant to a joint venture agreement (the “JVA”). The JVA was entered into between the Petroleum Corporation of Jamaica (the “PCJ”), Petrojam Limited and PDV Caribe S.A. for the operation of Petrojam Limited. The Compulsory Acquisition Act was enacted on February 22, 2019 and immediately vested shares in Petrojam Limited not already held by the PCJ in the Accountant General of Jamaica, to be held in trust for Jamaica. The Compulsory Acquisition Act requires all claims for compensation thereunder to be submitted to the Minister of Science, Energy and Technology for consideration and final determination by Petrojam Limited. PDV Caribe S. A. has also submitted a request for arbitration to the International Chamber of Commerce (the “ICC”). The respondents named to the request for arbitration are the PCJ, Petrojam Limited and Jamaica.
The provisional view of the arbitral tribunal is that it would not be appropriate to proceed with the case unless and until a solution is found so that the advance cost can be paid to the ICC by the Claimant. The arbitral tribunal has extended the stay of proceeding of this case until October 31, 2023. The ICC is in the process of seeking to obtain a license / exemption which would allow it to accept the necessary advance cost payment from Venezuela. The ICC is not in a position to determine when this process will be completed. The matter is at a preliminary stage, as such, no assurance can be made at this time that if PDV Caribe S.A. is successful, that the award will not be material.
Developments relating to a resurgence of the global outbreak of COVID-19 could have a material adverse impact on Jamaica’s economy.
The COVID-19 pandemic severely affected economies worldwide. The outbreak of the virus posed numerous constraints on the Jamaica’s economy. Measures implemented by the Government of Jamaica, such as the closure of the borders to incoming passenger traffic, implementation of curfew hours and physical distancing protocols severely impacted critical economic activities such as hotels and restaurants, manufacturing, transportation, entertainment and construction services. Additionally, the impact of the virus on Jamaica’s main trading partners significantly affected external demand for the country’s goods and services. For a description of the steps taken to mitigate the spread of disease and its impact on public health, as well as the effects on the Jamaican economy, see Jamaica’s annual report for the year ended March 31, 2023 on Form 18-K filed with the U.S. Securities and Exchange Commission (the “SEC”) on July 12, 2023 (the “2023 Form 18-K”).