I don’t understand why there isn’t any analysis of the contract the Venezuelan government want people to sign to acquire petros. It is quite impressive. You can find it online:
http://elpetro.gob.ve/docs/OFERTA%20FINAL%205.pdfHere then, my take at it.
One first point: This is a contract in which
all obligations are assumed by the client, who wants to buy petro, while the partner (the SUPCACVEN) doesn’t assume
any obligation through the contract. (SUPCACVEN is the “Venezuelan Superintendency of Cryptoassets and Related Activities” or “Superintendencia de los Criptoactivos y Actividades Conexas Venezolana” in Spanish.)
Another important point to note: It is a contract with the SUPCACVEN. The petro is released by SUPCACVEN and not the Central Bank, while according to the Venezuelan constitution the “monetary competence of National Authority shall
necessarily be exercised
exclusively by the Venezuelan Central Bank”. (According to the translation provided by the embassy of Venezuela in the US:
http://www.embavenez-us.org/constitution/title_vi.htm.)
Let’s go through the details of the contract:
The
sections 1.-3. make sense for such kind of contract: One is asked to provide information on the natural or judicial person wanting to buy petros (the “client”), information on the bank account and finally information on the employment of the client.
The
section 4. contains the actual offer to buy petros. The client has to fill out two fields, one stating the currency he is going to use to buy petros and the other stating the amount (in that currency) he is going to offer. With the text around these fields the client affirms that he is making a formal and
binding offer to buy
any amount of petros
up to the amount of foreign currency indicated by him
at a (variable) closing price which will depend on the total amount of petros assigned and the buying offers received. There is no explanation at all (in the whole contract or anywhere else), how this closing price is going to be determined.
So just as an example: You might offer to buy petros for 100,000 US dollars. And you are contractually committed to accept that in the end you might receive 500 petros paying 50,000 US dollars. This wouldn’t go against the contract, because SUPCACVEN could always claim that the effective price of 100 US dollars was in some way dependent on the total assignment of petros and the total amount offered.
Section 5. contains space for the signature. With it the client commits himself to acquire the amount of petros assigned to him, gives the SUPCACVEN the right automatically to debit the corresponding amount in foreign currency in the client’s bank account and declares in lieu of an oath that the amount of currency indicated by him is available in his bank account.
The
next section is to be filled in by SUPCACVEN. Interesting is the first part of the section where SUPCACVEN is going to indicate which kind of product is approved here. This doesn’t make any sense in the context of the pre-sale of petros and shows (together with the next lines of this area) that the form is taken over from some other context. But it is interesting anyway, as there are only four possible choices for the product and only one suits the given context: In the pre-sale of the petro you acquire no stock option, no index option and no option on foreign currency. This leaves just one choice: Option on a
debt instrument!
The next
section, labeled “6.”, contains the terms of the offer. All 12 are interesting, but let’s take up just a selection and this selection only in part:
2. The client explicitly accepts that SUPCACVEN doesn’t guarantee the final price of the option.
3. In case that the the client’s account doesn’t contain the amount of foreign currency finally accepted by SUPCACVEN the client is liable to penal and civil sanctions.
6. The signing and handing in of the contract through the client doesn’t result in any obligation on the side of SUPCACVEN, given that the assignation will depend on an appraisal of the client according to “objective” criteria at the discretion of the national government.
8. The client has received and read all the publications of SUPCACVEN (does this include all its tweets?) and also the most current
risk discloser document of the "option". (Such a document wasn’t made public, nobody can have read it.)
11. The client accepts that the resolution of all disputes falls under Venezuelan jurisdiction and
only and exclusively Venezuelan law applies. (As there is no independent judiciary in Venezuela this means that there is no way whatsoever to recover your investment in court.)
12. Disclosure of the contract or parts of it by the client of the contract results in its immediate annulment, and is liable to civil and penal sanctions according to Venezuelan law. (This is funny, as this is a contract to be signed by thousands of people and you can find it through google. But it demonstrates well the lack of transparency around the the launch of the petro.)