Exxon intervening in tax suit, this is going all the way

Mar 07, 2022 Letters

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Dear Editor,

Kaieteur News – So, Exxon has filed to be a party to the tax suit brought by the Publisher of KN against the Government of Guyana (“Exxon’s subsidiary applies to join Govt. in tax suit brought by Glenn Lall” -KN March 6). I am not at all surprised, since so much is involved; billions of dollars and Exxon is not going to sit by idly, and let that go on, with it watching as a mere observer. The implications are too open ended, the possible consequences too costly. But, no matter how scrutinised, what we now have is this stark and sinister reality; the PPP/C Government and Exxon versus the People of Guyana. I think that is worth repeating: the PPP/C Government and ExxonMobil against the People of Guyana. My, my….
As this gathers steam, I think that leaders in the PPP/C Government have to have breathed a deep sigh of relief, many of them. Because, in applying to join as a respondent to the suit, Exxon lets them off the hook. In the event there was an unfavourable judicial outcome, the President and Vice President are no longer faced with the heavy, nasty, and dirty job of facing Exxon’s people with the bad news: the courts of Guyana have spoken, and they must abide by the decision(s) handed down, since they have no choice, due to the independence of the judiciary. For to do otherwise publicly would have put PPP/C Government leaders in the most awkward of positions: that of taking the side of Exxon against the very people who elected them. Thus, Exxon’s moving to the court removes that possibly embarrassing situation. The President and Vice President don’t have to do anything, since Exxon’s leaders will take it from there, viz., the United States court system, where victory in the tax suit filed locally becomes a much more difficult undertaking; after all, that is Exxon’s home ground, and it will work every element of that to its advantage, inclusive of unfair and unethical ones.
Editor, this move by Exxon’s local subsidiary signals how it will be fiercely protective of its interests, and not yield a single centimetre. Not when money is involved, and lots of it; not one blind cent is to be given up. Also, there is no assurance that matters would stop there, with the tax suit, but could open the floodgates to a host of other litigation. It is why Exxon took the bull by the horns and made itself into an intervener, given that its own interests are intricately tied up with the suit before the court. The adjudication, one way or another, would have distilled into the lap of Exxon, anyway. It is why company leaders (and there are none smarter than them, more ahead of the game than them) preferred not to wait for the outcome from a system that many Guyanese don’t trust, have reasons to believe is not of the most unsullied record, or of the most untarnished behaviour. To repeat, what Exxon did is a Putinesque preemptive strike to protect what is dear to its cheating, thieving heart. As another reminder for Guyanese: it is money, and they have had the best local conspirators in the form of our weak and wasted politicians.
Editor, as an aside, it is instructive how Exxon can be selective to suit its purposes. I point to how Exxon’s people conducted themselves during what was called public hearings, billed as open consultations. It was how they dodged or shutdown hard questions from angry Guyanese about concerns in many areas relative to the environment and protection, and so forth. The company’s spokespeople are on record as referring to some inconvenient issues to local authorities, while saying something to the effect that such issues are not under their umbrella, but that of Guyana’s, meaning, the government. Therefore, they are best referred to it, handled by it.
Yet, here is a tax suit brought by a Guyanese against his Guyanese Government and its Guyanese leaders, about a Guyanese problem, and Exxon saw it fit and timely to insert (intervene) itself as an interested and impacted party. Indeed, to give it its due, that is so. Because any court ruling handed down would impact its plans and operations, as well as the richness of its profitability here. I would have thought that, given Exxon’s public pretense with its distancing practices from local affairs, that this charade would have been maintained by the company in the short run, at least.
As I reflect on this latest protective move by Exxon, I close out with some questions, which I place before my fellow Guyanese. First, did Exxon join the suit of its own free will (intervener), which, indeed, makes much sense? Or was it asked by this conspiring and crooked PPP/C Government to do so, to give it cover should the wrong holding occur? Did leaders in the Guyana Government collaborate with the company, so that they can hide behind Exxon’s big skirts and claim that whatever ensues is not of its doing, but Exxon’s and its right to do so? To ask and answer, I don’t think that local political leaders had to try too hard, because Exxon was already on the ball like a hawk watching out for what is its own. Still, both sides would be pleased, with Exxon confident of having a reliable ally in its corner at crunch time, while PPP/C leaders get Exxon to take over the fight, so they sit back and let matters unfold, however they do.

Sincerely,
GHK Lall

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