Examples of Advocacy
OPIC provides advocacy services for its client companies on a case-by-case basis. The following are a few examples of this client service:
- OPIC undertook various efforts to maintain a major broadcaster’s broadcasting rights, after it was informed by the Minister of the Press that the broadcaster would no longer be able to use a certain channel so that it could be used for government news. Subsequent to OPIC sending letters and having one of its executives meet with ministers and deputy ministers, the company’s basic license was renewed and the government agreed to renew the broadcaster’s other existing licenses.
- OPIC engaged in multiple discussions with the associated city government in an effort to enforce an arbitral award against the local joint venture partner for a fast-food vendor, after the U.S. investor obtained an international arbitral award for wrongful seizure of the joint venture, its assets and income. The investor received compensation from city officials enabling them to open a new location of the fast-food restaurant.
- OPIC sent a letter to a provincial tax ministry on behalf of a small oil and gas investor, after the local tax ministry assessed property and profits taxes, interest, fines and penalties following an audit. The local arbitration court ruled in the investor’s favor, but the tax ministry prevailed in a subsequent appeal. OPIC’s letter urged the tax ministry to defer taking any enforcement actions until the investor had the opportunity to have its tax liability fully adjudicated by the court system in the country.
- Following the refusal of a host government to recognize an international arbitral award in regards to a dispute that involved a U.S. investor and a local firm, OPIC sent a letter to the host government. OPIC reminded the host government about its interest in attracting foreign investment, the importance of respecting the rule of law, and its obligation to honor the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Subsequently, the host government recognized the international arbitral award, and the U.S. investor was very pleased with the support and assistance that OPIC provided regarding this matter.