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Masterclass on Tanzanian Petroleum Law and Local Content Regulations

PARTNER CONTENT

 African Influence Exchange will be hosting 2 in person Masterclasses in Dar Es Salaam, in May 2022:

Tanzania Mining Law & Local Content Policy: 12 May 2022

Tanzania Petroleum Law & Local Content Regulations: 13 May 2022

These masterclasses are separately bookable.

Attend these masterclasses and get to grips with the applicable legislation relating to these 2 industries in Tanzania!

These exclusive Masterclasses will be presented by one of Tanzania’s leading legal experts: Amalia Lui.

Bookings are now open. Please secure your seats here:
Mining Law

Petroleum Law

Please note special rates for group bookings apply.

We look forward to meeting you in person in Dar Es Salaam.

Please contact me for any further queries.

Kind regards,

Erena Karsas
African Influence Exchange
+27(0) 81 777 0028
erena@africaninfex.com

 

 

 

 


Fossil Fuels : Serial Polluters that Nigeria should abandon

PARTNER CONTENT
Environmental crimes like polluting and toxifying the air and water must be treated as seriously as any other crime where people are harmed as a direct result
The explosion of the Trinity Spirit Oil vessel, owned by Shebah Exploration & Production Co and managed by Sepcol has caused the death of at least three crew members. Greenpeace Africa (GreenpeaceAfrica.org) offers its condolences to their families, and calls on African leaders to stop supporting the production of fossil fuel poison under the false pretext of development. 

Recent days have been dark for families in Nigeria brutally separated from their relatives after the explosion of the Trinity Spirit in the Delta State, Southern Nigeria. According to Reuters (https://reut.rs/3rNQcgO), “the consortium running the oilfield, including SEPCOL, lost its production license in 2019.” The same source indicates that  there had been some trading companies who used to store oil on the vessel, then stopped because of “too  many technical issues,” and because the vessel was “old and badly maintained.”

The explosion of the vessel is characteristic of the unscrupulous habits of the fossil fuel industry: the vessel has outlived its lifespan by 20 years and should have been decommissioned a long time ago. “The negligence of Shebah Exploration and Production shows that, like most climate criminals, they care more about their profits than the safety of the environment and the people who depend on it.”,  says Dr. Aliou Ba, Oceans Campaign Manager at Greenpeace Africa. “The Nigerian government must urgently take up its responsibilities to avoid these types of threats in the future in order to preserve the environment and the well-being of the people. The latter have suffered too much from the fossil fuel industry.”

“Fossil fuels are poison. They continue to devastate Africa’s people. It is high time we stopped producing them,” added Dr. Aliou Ba. And in this case, the company is a double criminal, killing its crew members on the one hand, and damaging precious ecosystems on the other. “The harm of burning, storing, and transporting fossil fuels is simply too great. Shebah Exploration and Production needs to be held accountable for the devastation that this explosion has caused for nearby communities. Environmental crimes like polluting and toxifying the air and water must be treated as seriously as any other crime where people are harmed as a direct result. Damaging other’s lives for the sake of money is unjust and too egotistical for African countries to keep supporting it,” continues Dr. Aliou Ba.

Africa has the potential to become a global powerhouse in renewable energy production. It would therefore be inconsistent for a continent that is unfortunately the most vulnerable to climate change to deprive itself of such a niche. In fact, according to the International Renewable Energy Agency (IRENA), Africa’s renewable energy capacity could reach 310 GW by 2030, making the continent the world’s largest producer of renewable energy.

“For centuries, African economies have been locked in a development model which sees their resources depleted to the benefit of developed economies, bypassing the needs and aspirations of Africa’s people. It is about time Africa’s major economies like Nigeria begin to set the example of an alternative economic model that puts their people and the environment they depend on at the centre,” concluded Dr Aliou Ba.

 


Making The Best Work For The Most

Partner Content

By Yinka Ogundare

Tomorrow, much like today and yesterday, certain talking points will remain hot topics of discourse. Among them will certainly be “who is the oldest?”, “who is the bravest?”, “who is the strongest?” and of course “who is the best?”.  Why we never tire of these comparisons may never truly make sense to some of us; despite it being explained countless times that such comparisons fuel the vehicles through which society journeys to the utopian land of perfection.

Just like you, I am a “value man”; but in recent times, what amounts to value has become confusing to us as a nation; what has, however, remained clear is that the economy needs a boost as it experienced between 2001 to 2005. This period birthed most of the corporations that are now tagged as ‘multi-billion naira’ companies. Big as they are, and by our curious nature, one really would like to know precisely which is the biggest and most profitable corporation in Nigeria today? Most of the available credible data points in the direction of energy.  If you guessed the Nigerian Liquified Natural Gas company (NLNG), you are spot on.

The papers and internet are swarmed with so much information on the exploits of this company that one would believe that the NLNG organizes the “Energy Olympics”, officiates, and wins all the medals. However, it is unfortunate that this beacon of excellence and value is not totally beneficial to the ordinary Nigerian. It is reported that the NLNG currently: supplies approximately 10% of the world’s LNG consumption, boasts of an amazing balance sheet, contributes billions of dollars to the national coffers, attracts the best of management professionals, powers industries in the orients, and fuels world-class facilities most Nigerians only see on cable television and the pages of international magazines; yet the Nigerian manufacturers cannot enjoy the same LNG to run their critical machines and equipment.

Yes, the NLNG has entered agreements with Gas Plus Synergy Limited, Asiko Power Limited, and Bridport Energy Limited for the supply of 1.1 million tons of LNG per annum to the domestic market; but when will this supply manifest itself? Is it an aspiration of the company or a real and tangible plan? Whatever needs to be done for a gas-rich country like Nigeria to begin to harvest the value of its abundant gas reserves must be expedited, because the current global energy mix places a premium on natural gas production and distribution. Considering its “green fuel” status visa-vie our climate change commitment, the Petroleum Ministry, NNPC, and the NLNG must fast-track the domestic use of liquefied natural gas and, most of all, its capacity to rejig the economy without the ‘subsidy’ price tag.

Availability and access to gas must go beyond rhetoric; the conversation on domestic access to LNG, as captured in the “Decade of Gas”, must be all-encompassing to meet the industrial need of the Nigerian economy first before securing a travel ticket to anywhere else.

Without a doubt, it takes a lot of bravery to invest in the gas market considering the deficit in the required infrastructure. Yet a few Nigerian companies, in their bid to showcase capacity and in alignment with the local content policy, have risen to the occasion as partners of the NLNG in this critical phase of inclusion and scaling. All that is now left for the effect of their investments to truly be felt by most Nigerians through the drop in cost of production and increase in the standard of living is the delivery of domestic LNG.


Global Gas Markets React to Geopolitical Tensions and Cold Snaps – Rystad Reports 

Partner Content

Global events have triggered an unexpected period of volatility for gas markets, as concerns rise over supplies to Europe and cold snaps bite in major gas-consuming economies, returning TTF and LNG prices back to $30/MMbtu levels.

In Europe, the TTF, which resisted downward pressure for the past few weeks, has surged back to more than $30/MMbtu, lifted by bullish impetus from Russia-Ukraine tensions which show no sign of abating – a geopolitical uncertainty which commodity markets are struggling to price in.
This is stoking fears of a prolonged period of scarce Russian exports to Western Europe this year, even as European storage – now at 42% capacity – races to the bottom.

Price support may also come from Turkey, which saw a disruption in pipeline supplies from Iran due to technical issues coinciding with a cold snap which may sporadically boost heating and power generation demand in the country in late winter.

LNG imports have been robust in recent days, helping to offset some of the bullish momentum from other factors and keep prices in check.
There has been a sharp uptick in regas capacity utilization in Western and Southern Europe, with the 30-day average figure increasing from around 51% in early January to more than 75%.
In January 2022 so far, Europe has imported about 7.95 Million tonnes, with nearly 46% of that from the US.
From a weather perspective, cold snaps have driven some volatility in the market in recent days, but weather forecasts largely point to above normal temperatures on the horizon.

The US has seen a tight market balance in recent weeks as production in the Lower 48 wobbles slightly due to several cold snaps, but the impact on overall output is minimal.
This is the time of the year when the key factor driving prices is the weather, the outlook of which is unhelpfully mixed, contributing to price resilience and volatility on the Henry Hub.
The US storage position is healthy and therefore the overall upside risk to prices is limited.
In a positive signal for the LNG market, feedgas supply to Calcasieu Pass more than doubled this week.

In Asia, prices are facing some near-term bullishness due to unexpected cold snaps across Japan and parts of Northern China, increasing demand and causing prices to creep up.
Coal output in Japan has fluctuated in recent days due to temporary unplanned shut-ins of multiple units, which effectively raised the call on gas-fired generation.
LNG inventories in Japan are starting to feel the strain, with utility inventory levels dropping by over 12% this week.
Coal markets are also experiencing some short-term volatility as a result of logistical spillovers from Indonesia’s coal export ban earlier in January, which it has since dialed down.
Higher coal prices translate to a narrower advantage against gas in the merit order, effectively raising a support level for spot LNG prices in the near term.

Prices also have found support in the outage at Gorgon Train 2, where the duration of unplanned maintenance appears to be creeping past market expectations, and from bullishness and volatility on the TTF.

In a return to more normal activity, tankers have started diverting back towards Asia and congestion at the Panama Canal is picking up as a consequence.
Mother nature may yet surprise the market with some unexpected cold weather, or as observed last year, an extended winter into April, but the impact of which remains to be seen.

The story in China is the opposite, with state-owned Sinopec and CNOOC reportedly looking to on-sell the equivalent of 5% of Chinese annual LNG imports.
Not all of these cargoes may be awarded, but the sell tenders may be indicative of a lasting overbuild in China’s LNG inventory, caused by robust purchases through 2021, followed by lower than expected winter demand.
The 2022 outlook for LNG imports to China has been revised down to 86 Million tonnes – a 2% reduction from prior figures.
Industrial activities have also slowed down ahead of the lunar new year, which may further weigh on gas demand in the region.

 


How are IOC Divestments Impacting Local Capacity?

Partner Content

The International Oil Corporations (IOCs) had a firm hold on the Nigerian oil and gas sector for over 50 years.

Their grip began to relax in 1991 when indigenous players made their entree, thanks to Professor Jubril Aminu’s deliberate policy of encouraging indigenous participation in the Nigerian oil and gas sector, under military president, Ibrahim Babangida.

From the class of ‘91 has emerged an enduring success story; Mike Adenuga’s Conoil, recipient of Oil Prospecting Licence (OPL) 113.

The 2001 marginal field round would introduce more indigenous players to the sector with the likes of Platform and Midwestern stepping up to stake their claim. The marginal field round, superintended over by Funsho Kupolokun, in his capacity as Special Assistant to President Olusegun Obasanjo, did more than deepen indigenous participation. It helped get ready a corps of local players who would take advantage of asset divestments by the IOCs, 10 years in the future.

Beginning in 2010 and led by SPDC, IOCs operating in Nigerian have divested 26 assets. Seplat (formed as an SPV by Shebah and Platform) took OML 4, 38 and 41 off Shell in 2010 for a reported $340Million.

Other transactions have happened subsequently; Neconde (OML 42) in 2011, Eroton (OML 18) in 2014, First E&P (OMLs 83 and 85) in 2014, Aiteo (OML 29) in 2015 and just last year Trans-Niger Oil and Gas (TNOG) (OML 17).

Another round of divestments is around the corner and as negotiations progress one is constrained to ask how the past iterations have impacted on local capacity because while new and thriving indigenous players have emerged, the question that is not so quickly addressed is how the re-alignment impacts the value chain from local contractors to community liaison, environmental and security concerns as well as oil servicing support.

The Local Content Act of 2010 has been largely responsible for the emergence of a corps of technical and financially competent oil and gas asset development companies who have cut their teeth providing support largely for Domestic Oil Companies (DOCs) who have had to look inwards and away from the international service providers. Top players would include a local content champion like Century Group (Century) whose work with SPDC and other key players has helped it build an advantageous operational framework and strong stakeholder management systems, leveraging its extensive local knowledge of the terrain and people, as well as challenges that erstwhile made producing most of these assets a challenge.

Following TNOG’s acquisition of OML 17 from Shell for a reported $1.7Billion dollars, the Africa Report notes that TNOG plans to “triple the production of OML 17’s wells. At the time of the deal, production was around 27,000 barrels per day, with the existing infrastructure designed for 100,000 barrels per day, a peak reached in the past before a slow decline. Proven and probable (2P) reserves, according to Tony Elumelu, are around 1.2Billion barrels.”

This is the mantra from every new owner because sweating the asset and increasing production is key to ensuring positive yields and return on investments but this requires a rejigging of the entire value chain.

First consideration is access. Aside from the fresh focus on decarbonization and energy transition, the core reasons IOCs have proffered for divestment have remained community agitations/restiveness, environmental concerns and insecurity, oil theft and sabotage, etc. This is why divestments have focused largely on onshore and shallow water assets.

So, new and prospective owners of divested assets must evolve strategies not just for ramping up production but for avoiding the problems that dogged the IOCs. To do this requires a new approach which will be more holistic than adhoc.

The new owners will require strategic partners who know the lay of the land and who can help with operation and technical support. These partners must have local knowledge, a good understanding of the issues, exhibit financial capacity, evince technical competence and the ability to build capacity around the business and the local community of contractors and vendors.

Other key considerations would be partners that have a firm handle on community and multi stakeholder management as well as Standard Operating Procedures and Security Protocol that will ensure asset security and integrity post-divestment. This is critical for onshore and shallow water assets.

These are key success factors and it is heartening to see that NNPC is getting on board from a government and policy perspective, especially with the benefit of hindsight. Mele Kyari, the state firm’s Group Managing Director, has been reported as having said that the government will “ensure that only investors with technical, financial and operational capabilities take position of the IOCs assets, thereby adding value to the industry.”

To make this happen he is also quoted as promising that the “NNPC will ensure Nigeria’s strategic national interest is safeguarded by developing a comprehensive divestment policy that will provide clear guidelines and criteria for divestment of partner’s interest.”

The ongoing litigation between Aiteo and Shell over what the former has described as opacity in their due diligence negotiations over OML 29 as well as the fallout from the 2021 Nembe oil spill is pushing these issues to the front burner especially as a new divestment window opens.

These are key considerations for the NNPC and stakeholders in the divestment exercise to consider.

 

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