Iraq notes that the original licensing agreements for the hydrocracking process are dated 1975, 1982 and 1984 respectively.

Loss of profits Chevron U.S.A. states that, prior to Iraq's invasion and occupation of Kuwait, Chevron Research and KNPC entered into technology licensing agreements, service agreements and catalyst supply agreements relating to three hydrocracking units (the “units”) at KNPC's refineries in Shuaiba, Mina Ahmadi and Mina Abdulla, Kuwait.

In support of its claim, Chevron U.S.A. has provided copies of hydrocracking licence agreements and catalyst supply agreements relating to the units, invoices for sales of catalysts to KNPC during the period from 1 January 1987 to 30 June 1999, Chevron Research catalyst pricing memoranda and catalyst production cost reports, and memoranda and correspondence relating to the restart dates of the units.

Payment or relief to others Chevron U.S.A. alleges that two employees of Chevron Research had been deployed in Kuwait to provide technical assistance to the Kuwait National Petroleum Company (“KNPC”) in the operation of a hydrocracking unit licensed by Chevron Research to KNPC at the Mina Abdulla refinery, south of Kuwait City.

According to Chevron U.S.A., when a hydrocracking unit needs to be recharged with fresh catalysts, the unit is shut down and the catalysts are loaded into the unit all at once (rather than on an ongoing basis during the operation of the unit).

It bases this claim on the following five assertions: That Chevron Research and KNPC entered into catalyst supply agreements relating to each of the units prior to Iraq's invasion and occupation of Kuwait; That KNPC continued to turn to Chevron Research for its catalyst needs following the first catalyst supply agreement between them in 1975; That KNPC has purchased catalysts for each of the units exclusively from Chevron Research since they were installed; That the hydrocracking technology used in the units is Chevron U.S.A.'s proprietary technology, which Chevron Research licensed to KNPC; and That, when the units were restored to operation following the liberation of Kuwait, KNPC purchased catalysts exclusively from Chevron Research for use in the units.