Iraq's fourth bid round evolves with Kurdish oil dispute
ANALYSIS:
Baghdad (Platts)--29May2012/418 am EDT/818 GMT
When the remaining qualified international oil companies bid on the
12 exploration blocks offered by Baghdad in a licensing round May 30 and
31, they will also be acknowledging that only the central government has
the final authority to sign oil and gas deals.
New language inserted in both the Final Tender Protocol and the
Exploration, Development and Production Service Contract specifically
corrects an ambiguity in contract language in the first three bidding
rounds, which ExxonMobil capitalized on last October when, after signing
a contract to develop the West Qurna 1 oil field in Basra in January
2010, signed six production sharing contracts with the semi-autonomous
Kurdistan Regional Government or KRG.
"We don't like there to be any confusion that it is possible to sign
with the provinces or region without participation of the federal
Ministry of Oil," said one Iraqi official close to oil policy, who
confirmed the new language. Said another: "This new contract is much
stronger."
One of the provisions listed in the contract that would be cause for
termination is "a contractor, a company or their affiliates either
violating in any material respect a law including without limitation any
directive or instructions of the government [including the Ministry of
Oil], or entering into any contract or agreement relating to the
exploration, appraisal, development or production of hydrocarbons in the
Republic of Iraq that has not been approved by or consented to by the
government."
Iraq initially qualified 47 companies to bid in the fourth licensing
round, then excluded Exxon. Oil Ministry sources said 39 companies have
paid the fees required to participate.
Many company officials have voiced concerns over the contract terms
offered for the exploration blocks, which is a service contract with a
sole bidding parameter of a remuneration fee per barrel of oil
equivalent produced.
It is understood that Norway's Statoil, which is in the process of
divesting its minority stake in Lukoil's West Qurna 2 project, is not
participating.
OIL SECTOR EVOLVING INTO TWO
The evolution of the contracts is not just part of the evolution of
Iraq's post-Saddam Hussein oil sector, which has signed 11 oil and three
gas field development deals with foreign oil companies in three
successive bid rounds since mid-2009 -- and one unilateral deal in 2008
-- that has pegged Iraqi oil output to rival Saudi Arabia and finally
put in play Iraq's undeveloped hundreds of trillions of cubic feet of
natural gas.
Since 2003, Iraq's oil sector has essentially become two: The central
government's authority over 15 of 18 provinces, which eclipsed
decades-old oil production and export levels in both March and April
this year; and the Kurdish region of the northern three provinces, which
has since signed 48 controversial contracts with dozens of foreign oil
companies, including Marathon, Hess and Repsol.
Baghdad has called the deals illegal, while the KRG claims its
interpretation of the still-disputed 2005 Constitution allows for a
federalism that authorizes local control over oil development as long as
the revenue from oil sales is collected and distributed by the central
government.
Prime Minister Nouri al-Maliki was given a second term because of
Kurdish political backing in late 2010, showing a balance the Iraqi
leader has struck to stay in power between policy and pragmatism.
Without approving or somehow mainstreaming the KRG deals, however, it
has come to a point where oil development has been forced to slow
without a clear path to KRG exports, which in turn pay the companies as
part of the production sharing agreements.
The KRG is thus attempting to increase its autonomous powers while
encouraging other provinces to turn away from Baghdad. A top official in
Basra province this week announced he wanted to re-start Basra's
oft-failed attempt to form its own region. Missan province has also
demanded more autonomy, though has not called for KRG-like status.
Provinces that are majority populated by the minority Sunni Arab Iraqis
that once ruled the country, specifically Anbar and Ninewa, which
borders the KRG, have also demanded authority to have a bigger role in
the oil sector.
At an energy conference last week in Erbil, the capital of the KRG,
Minister for Natural Resources Ashti Hawrami announced the KRG would
begin bartering crude for products with Turkey, and is embarking on a
trio of oil and gas pipeline plans that would exclude Baghdad entirely.
CONVERGENCE ONLY AT POINT OF EXPORT
Iraq's two oil sectors converge only at the point of export, at
Feyshkhabour, 4 kilometers (2.5 miles) from the Turkish border, the last
Iraq-controlled metering station of the Iraq-Turkish Pipeline.
On April 1, however, the KRG ended a 14-month agreement that saw exports
in exchange for payments to the KRG contractors operating its fields.
Aside from blacklisting such companies from oil development or crude
purchases, Baghdad, unable to physically prevent oil development in the
KRG, took aim at the deals it deemed illegitimate by refusing to pay the
contractors per the contracts, thus creating uncertainty for the
northern deals and economic constraints.
Under the export agreement reached by Iraqi and KRG leaders in January
2011 and updated late last year, KRG fields would export an average
100,000 b/d in 2011 and 175,000 b/d this year. In exchange, half the
revenue from the KRG fields would be sent back to the KRG, specifically
to pay the costs of the contractors.
Those were different times in Iraq: oil makes up 95% of state revenue,
and since the export deal the central government has more than made up
for the KRG exports via increased exports from southern Iraq. But the
KRG made up for its lost financial leverage by signing the six deals
with the world's most profitable oil company, Exxon; not only did its
oil industry have major backing, but the deals forced Baghdad and KRG to
face their long-standing dispute.
The unaccountability and politicization of Iraq was too much for the
January 2011 deal to hold. The KRG, which peaked at 181,000 b/d in
exports in July 2011, claimed it received only two payments, totaling
just over $500 million, the last received a year ago, and claims it is
owed $1.5 billion. The Finance Ministry essentially refused to honor KRG
receipts.
On April 2, a day after the KRG cut exports, Iraq's Deputy Prime Minster
for Energy Hussain al-Shahristani and Oil Minister Abdul Karim Luaibi
held a press conference in Baghdad and claimed the KRG has not allowed
auditors to complete their job as per the January 2011 agreement; has
been smuggling crude and product into Iran; and owes $5.6 billion in
smuggled and local sales.
The KRG denies it has smuggled any crude and claims the heavy fuel oil
exported to Iran was legitimate. Meanwhile, it is expanding its refinery
sector to process more oil domestically. Crude sales to the local
Kurdish market range from $40/b to $65/b, which government and company
officials say will allow companies to operate and Erbil and Baghdad to
negotiate a little while longer.
--Ben Lando, newsdesk@platts.com
--Edited by Wendy Wells,
wendy_wells@platts.com
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