NEW YORK - A US court will decide which of the two boards, the one appointed by Venezuelan President Nicolás Maduro, or the one backed by opposition leader Juan Guaidó, should be in charge of the eighth largest refining company in the country, Citgo Petroleum Corp.
The lawsuit, filed Tuesday by the Maduro government before a Delaware court, seeks to regain control of Citgo and other US subsidiaries of PDVSA, the Venezuelan state oil company.
Citgo, Venezuela's most important asset abroad, has been targeted by the sanctions applied by the government of US President Donald Trump to pressure Maduro to leave power.
Venezuela is seeking with the lawsuit for the court to recognize the legitimacy of the five-member board of directors appointed by Maduro, a measure that would give the socialist leader control over the nearly $ 30 billion in annual revenue from the refining firm.
Guaidó, head of the Congress controlled by the opposition, was proclaimed interim president at the end of January, after qualifying as fraudulent the re-election of Maduro in May of last year. The opponent accuses Maduro of usurper.
In February, the parliament led by Guaidó appointed a PDVSA board of directors with the power to appoint new directors for subsidiaries in the United States such as PDV Holding, Citgo Holding and Citgo Petroleum.
But Maduro retains the support of the military and still controls PDVSA and the government functions of the South American country.
As president, Maduro has full authority under the statutes of PDVSA to appoint its boards of directors, according to the lawsuit. In the text, it is added that the board appointed by Guaidó had already been annulled by the Supreme Court of Justice of Venezuela, which remains loyal to Maduro.
After being appointed by the parliament, Luisa Palacios assumed the position of president of Citgo and has been directing the company, which is looking for a new executive president.
The former president of the refining firm designated by Maduro, Asdrúbal Chávez, lost control of Citgo and its members were dismissed.
"PDVSA and its subsidiaries are experiencing a leadership crisis because several parties claim they have the authority to appoint the board of directors," the complaint reads.
The legal action against the group led by Palacios seeks to "determine the appropriate composition" of the Citgo board, as well as other subsidiaries.
The refining company said in a statement that it "trusts that the US courts" will recognize Guaidó, as Washington has, as the legitimate representative of Venezuela with the authority to appoint directors.
"This lawsuit is a frivolous effort in an attempt to use the courts to litigate the foreign policy decisions of the president of the United States," Citgo added.
Washington imposed sanctions on Venezuela and PDVSA in January, in an attempt to curb oil exports and increase pressure on Maduro to abandon power. Since the effectiveness of the sanctions, Venezuelan shipments have dropped by about 40%.