STATEMENT OF LUIS BENIGNO GALLEGOS

I, LUIS BENIGNO GALLEGOS, hereby declare the following:

1. In 2010, I served as the Ambassador of the Republic of Ecuador to the United States of America.

2. On 30 March 2010, the arbitral tribunal in Chevron v. Ecuador issued a Partial Award that interpreted Article 11(7) of the Treaty between the United States and the Republic of Ecuador concerning the Encouragement and Reciprocal Protection of Investment in a manner that Ecuador considered to be erroneous. As a result, the Ecuadorian government decided to engage the United States in discussions regarding the interpretation of Article II(7).

3. A diplomatic note was therefore prepared that set out Ecuador's views on what it understood to be the Contracting Parties' common intentions with respect to Article 11(7), and asked the United States to confirm that it, in fact, shared Ecuador's interpretation of that provision. The diplomatic note further observed that, if the United States had a different understanding of Article II(7) than was described in the note, or if the United States did not respond, Ecuador would consider itself to be in dispute with the United States over the interpretation of the Treaty. The note, dated 8 June 2010, was signed by the Minister of Foreign Affairs, Trade and Integration, Mr. Ricardo Panino Aroca, and was addressed to Secretary of State Hillary Clinton.