Genel Energy outlines Payments to Govts for 2021

By John Lee.

Genel Energy has just published details of its payments to governments for the year 2021:

Introduction and basis for preparation

This report sets out details of the payments made to governments by Genel Energy plc and its subsidiary undertakings (‘Genel’) for the year ended 31 December 2021 as required under the Disclosure and Transparency Rules of the UK Financial Conduct Authority (the ‘DTRs’) and in accordance with our interpretation of the Industry Guidance issued for the UK’s Report on Payments to Governments Regulations 2014, as amended in December 2015 (‘the Regulations’). The DTRs require companies in the UK and operating in the extractives sector to publically disclose payments made to governments in the countries where they undertake exploration, prospection, development and extraction of oil and natural gas deposits or other materials.

Governments

All of the payments made in relation to licences in the Kurdistan Region of Iraq (‘KRI’) have been made to the Ministry of Natural Resources of the Kurdistan Regional Government (‘KRG’).

Production entitlements

Production entitlements are the host government’s share of production during the reporting period from projects operated by Genel. Production entitlements from projects that are not operated by Genel are not covered by this report. The figures reported have been produced on an entitlement basis rather than on a liftings basis. Production entitlements are paid in-kind and the monetary value disclosed is derived from management’s calculation of revenue from the field.

Royalties

Royalties represent royalties paid in-kind to governments during the year for the extraction of oil. The terms of the Royalties are described within our Production Sharing Contracts and can vary from project to project. Royalties have been calculated on the same barrels of oil equivalent basis as production entitlements.

Materiality threshold

Total payments below £86,000 made to a government are excluded from this report as permitted under the Regulations.

Payments to governments – 2021

Country/Licence KRI Total (1) Taq Taq (2)
Production entitlement (bbls) 1,234,564.87 1,234,564.87
Royalties in kind (bbls) 216,930.95 216,930.95
Total (bbls) 1,451,495.82 1,451,495.82
Value of production entitlements ($ million) 78.52 78.52
Value of royalties ($ million) 13.74 13.74
Capacity building payments ($ million) (3) 1.25 1.25
Total ($ million) 93.51 93.51
  1. Under the lifting arrangements implemented by the KRG, the KRG takes title to crude at the wellhead and then transports it to Ceyhan in Turkey by pipeline. The crude is then sold by the KRG into the international market. All proceeds of sale are received by or on behalf of the KRG, out of which the KRG then makes payment for cost and profit oil in accordance with the PSC to Genel, in exchange for the crude delivered to the KRG. Under these arrangements, payments are in fact made by or on behalf of the KRG to Genel, rather than by Genel to the KRG. For the purposes of the reporting requirements under the Regulations however, we are required to characterise the value of the KRG’s entitlement under the PSC (for which they receive payment directly from the market) as a payment made to the KRG. Therefore, estimated value in $millions is not paid to the KRG, and is calculated to meeting the reporting requirements under the regulations
  2. The amount reported for Taq Taq, is the gross payment made to the KRI by the operating company (TTOPCO), Genel’s share of these payments is equal to 55% (with the exception of capacity building payments)
  3. Capacity building payments reported are payments made by Genel directly to the KRI in cash as required by the PSC.

(Source: Genel Energy)

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KRG “Remains Committed” to Oil and Gas Contracts

By John Lee.

The Prime Minister of the Kurdistan Regional Government (KRG) has assured the region’s partners in the oil and gas sector that the KRG “remains committed” to the contracts that have been signed with energy companies.

Masrour Barzani told the Global Energy Forum 2022 that the contracts are “in line with our oil and gas law and the Iraqi Constitution and they are a bedrock of our shared future“.

He added:

The sanctity of the contracts are just as important to my government as they are to you …

“Investors in Kurdistan have the right to receive regular payments. Ensuring this happens is a core focus of my cabinet, which will clearly help secure future investment. We value the investment and partnership of all the energy companies who are in Kurdistan – I know you have maintained commitment through the challenges …

“We in Kurdistan have long sought mechanisms for the federal distribution of oil and gas revenues across all of Iraq. That’s what the Constitution calls for, and the only practical way forward for both Baghdad and us.

His comments follow the recent Federal Supreme Court ruling that sales of oil and gas law by the KRG, independently of the central government in Baghdad, are unconstitutional.

Barzani described the ruling as “unconstitutional and blatantly political.

(Source: KRG)

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In pursuit of Gas, will Turkey choose Erbil over Baghdad?

From Amwaj Media. Any opinions expressed are those of the author(s), and do not necessarily reflect the views of Iraq Business News.

In pursuit of gas, will Turkey choose Erbil over Baghdad?

Iraq’s federal supreme court last month ruled that a 2007 law allowing the Kurdistan Regional Government (KRG) to manage oil and natural gas resources independently of Baghdad is unconstitutional.

The top court also ordered Erbil to hand over all oil operations to the central government.

The Feb. 15 verdict followed a Feb. 2 meeting in Ankara between KRG President Nechirvan Barzani and Turkish President Recep Tayyip Erdogan.

Two days after the meeting, Erdogan said Turkey sought a “win-win” deal with Iraq’s government to import gas, and that Barzani promised to facilitate negotiations towards this end.

The court ruling may now jeopardize the energy agreements signed between Ankara and the KRG.

The full report can be viewed here (registration required).

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Iraqi Court Rules Against KRG Sales of Oil and Gas

By John Lee.

Iraq’s Federal Supreme Court has ruled that sales of oil and gas law by the Kurdistan Regional Government (KRG), independently of the central government in Baghdad, is unconstitutional.

In a statement on Tuesday, the court said that the Oil and Gas Law of the Kurdistan Regional Government, No. (22) of 2007, violated the provisions of Articles 110, 111, 112, 115, 121 and 130 of the Constitution of the Republic of Iraq (2005).

It added that the KRG must hand over all oil production to the federal government, represented by the Federal Ministry of Oil.

Of possible concern to oil companies operating in Iraqi Kurdistan, the court said the Ministry of Oil has the right to “follow up on the invalidity of oil contracts concluded by the Kurdistan Regional Government with foreign parties, countries and companies regarding oil exploration, extraction, export and sale“.

With regard to the validity of contracts, the KRG responded that it “will take all constitutional, legal, and judicial measures to protect and preserve all contracts made in the oil and gas sector.”

The statement from the KRG says the court’s decision is “unjust, unconstitutional, and violates the rights and constitutional authorities of the Kurdistan Region. It is unacceptable and the Court must investigate further.

More here (Arabic), here (Arabic) and here (English).

Full text of KRG response here.

(Sources: Ministry of Oil, Supreme Judicial Council, KRG)

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KRG issues new COVID-19 regulations

The Kurdistan Region’s High Committee for Combating COVID-19 met on Tuesday and issued the following directives as part of the Kurdistan Regional Government’s efforts to curb the spread of the pandemic:

  1. The vaccination deadline for public service employees (civil and military) will be extended to 20 January 2022. Any employee who fails to adhere to the directives will face disciplinary measures according to general health laws.
  2. COVID-19 tests will be administered at border crossings to people entering the Kurdistan Region, including those with COVID-19 Vaccination Cards. Entrance will only be given to those who can provide a negative result from a valid COVID-19 test taken within 48 hours of arrival.
  3. The Ministry of Endowment and Religious Affairs will issue special regulations regarding funerals in the Kurdistan Region, in coordination with relevant administrations.
  4. Tourist groups must provide negative results from a valid COVID-19 test within 48-hour of arrival or present valid Vaccination Cards.
  5. All citizens, regardless of their vaccination status, must wear a mask when indoors for any public space (e.g., Government offices, businesses, restaurants, banks, and others) and adhere to social distancing regulations.
  6. Starting 1 February 2022, entrance to public spaces (e.g., Government offices, stores, restaurants, malls, event halls, businesses, and others) will be denied to those who cannot produce a negative result from a valid test taken within the past 48 hours or a COVID-19 Vaccination Card.

(Source: KRG)

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Results of Iraq Women Integrated Social and Health Survey

Ministry of Planning, UNFPA launch results of the second Iraq Women Integrated Social and Health Survey

The Ministry of Planning, the Central Statistical Organization and UNFPA have launched the results of the second Iraq Women Integrated Social and Health (IWISH) survey, conducted in collaboration with the Ministry of Planning at the Kurdistan Regional Government – Kurdistan Region Statistics Office and with funding from Sweden.

The survey addresses women issues throughout all ages and covers various sectors such as women empowerment, health, reproductive health, violence against women and other relevant social and health dimensions to establish a comprehensive database.

It offers integrated data that identifies the progress made and the gaps in the economic, social, and health situation of women in Iraq in comparison to the results of IWISH I, conducted ten years ago.

Speaking at the event, Dr Maher Johan, Deputy Minister of Planning, emphasised the importance of data and statistics in programming and policy development, reiteration the Ministry’s determination to conduct the Population & Housing Census before the end of 2022:

“Evidence-based policies are the only way for us to achieve our commitments to the International Conference on Population & Development in Nairobi and achieve the Sustainable Development Goals”.

Dr Rita Columbia, UNFPA Representative to Iraq, commented on the survey, saying:

“UNFPA will continue to provide technical assistance in collecting, analysing and using reliable population data to ensure girls and women’s rights and needs are a priority for the Government of Iraq. The findings will enable the development of people-centred policies enabling women to have equal opportunities and exercise their reproductive rights”.

Highlights of the IWISH results can be found through this link and presentation in Arabic.

(Source: UN)

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KRG hits back at Genel Energy Claims

By John Lee.

The Kurdistan Regional Government (KRG) has responded to the statement on Friday by Genel Energy regarding the production-sharing contracts (PSCs) at Bina Bawi and Miran.

The KRG strongly denies that it is in repudiatory breach of the PSCs, and denies that Genel is entitled to any compensation.

It adds that it will vigorously defend any claim that is brought by Genel, and intends to pursue its own counterclaims for damages resulting from Genel’s renunciation of the PSCs.

The full statement from KRG follows:

On 10 December 2021, the Kurdistan Regional Government received a letter from a subsidiary of Genel Energy plc (“Genel”). In this letter, Genel confirmed that it did not intend to continue to perform its obligations under the Bina Bawi and Miran PSCs, and purported to terminate the PSCs with immediate effect. The Government understands that Genel Energy plc has made the same assertions in a public press release dated 10 December 2021.

Genel’s letter and the related press release were prompted by the Government’s issuance on 5 December 2021 of formal Notices of Termination, which validly terminated the PSCs subject only to the completion of the dispute resolution process set out in the PSCs.

Genel has sought to justify its termination of the PSCs by wrongly asserting that the Government is in repudiatory breach. The Government strongly denies that it is in repudiatory breach of the PSCs. Genel has also falsely claimed that the Government stated it would not perform its obligations under the PSCs. On the contrary, the Government has always acted in accordance with its obligations under the PSCs, and has consistently communicated the same to Genel.

However, Genel’s 10 December 2021 communication confirmed unequivocally that Genel had renounced the PSCs, and the Government has therefore confirmed today to Genel that the PSCs are validly terminated with immediate effect.

The Government regrets that Genel has failed to offer any credible proposals to develop the Bina Bawi and Miran oil and gas fields, and notes that this failure has significantly delayed the ability of the Government to develop those fields on a timely basis.

The Government also notes Genel’s public statement that it will pursue a substantial claim in international arbitration from the Government as a consequence of the termination of the PSCs. The Government strongly denies that Genel is entitled to any compensation. The Government will vigorously defend any claim that is brought by Genel, and intends to pursue its own counterclaims for damages resulting from Genel’s renunciation of the PSCs.

(Source: KRG)

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Genel Energy to Claim Compensation from KRG

Shares in Genel Energy opened down more than five percent on Friday morning, before recovering some ground, after the company said it will claim compensation from the Kurdistan Regional Government (KRG).

It says the claims, which relate to KRG’s intention to terminate the Bina Bawi and Miran production sharing contracts (PSCs) are “substantial”, and will be brought in a London-based international arbitration.

The statement from the company this morning:

Genel Energy plc (‘Genel’) provides the following update on the Bina Bawi and Miran Production Sharing Contracts (‘PSCs’).

Further to Genel’s announcement of 20 August 2021 that notices of intention to terminate the Bina Bawi and Miran PSCs had been received from the Ministry of Natural Resources of the Kurdistan Regional Government (‘KRG’), Genel has received from the KRG formal notices purporting to terminate the PSCs. The KRG has also stated that, pending resolution of the dispute as to whether such notices are effective to terminate the PSCs, it will not perform those obligations under the PSCs that would enable Genel to progress the development of the Bina Bawi and Miran fields. 

Since entering into the PSCs in February 2017, Genel has made every effort to engage with the KRG on the development of the Bina Bawi and Miran fields and has submitted numerous development proposals to the KRG for its approval. However, the KRG has for some time made clear its intention not to permit the development of the fields in accordance with the terms of the PSCs.

In these circumstances, the Board has concluded that it is left with no practical alternative but to accept that the PSCs are terminated as a consequence of the KRG’s repudiatory breach and to claim compensation from the KRG. Genel’s claims are substantial and will be brought in a London seated international arbitration to be commenced in accordance with the disputes process set out in the PSCs.

Genel has a long and constructive relationship with the KRG, and continues to work with the KRG on the development of our other assets, as we look to deliver our mutual goal of increasing production in the KRI for the benefit of all stakeholders.

Genel will update the market on future developments.

Following the termination of the PSCs, the balances associated with holding title to these PSCs will be derecognised and therefore removed from the balance sheet.

(Source: Genel Energy)

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Deloitte Report on Kurdistan Region Oil and Gas

Deloitte report on Oil and Gas review in the Iraqi Kurdistan Region – Q1 and Q2 of 2021

The KRG has published the reports containing verified statistics covering the Kurdistan Region’s oil exports, consumption and revenues for covering period 1 January 2021 to 30 June 2021.

During the first half of 2021, the KRG exported 77.35 million barrels through Kurdistan Export Pipeline. In addition, 3.95 million barrels were allocated to local refineries. Of the exported crude oil, 76.869 million barrels were lifted by the buyers from Ceyhan Export Terminal, at an average price of 53.446 $/bbl.

The KRG has generated revenues of USD 4.1 billion from crude oil export sales during the first half of 2021. After making payments to oil producers, pipeline operators, and repayments to the buyers, the KRG retained net revenues from crude oil sales of US$ 1.737 billion.

The KRG is has engaged in discussions with international buyers and oil producers in continuing its efforts to maximize sales prices and reduce production costs to maximize value for the people of Kurdistan.

Transparency is central to the cabinet’s agenda. The report, available in Kurdish, English and Arabic, provides a quarterly analysis of oil export information and average prices which have been independently reviewed and verified by Deloitte.

The KRG acknowledges the positive feedback received from domestic and international stakeholders. The council reiterates its commitment to the people of Kurdistan that Deloitte will continue to independently review and verify the statistics of the Kurdistan Region’s oil and gas sector.

A frequently asked questions handbook (also available in Kurdish, English and Arabic) has also been developed to help readers to understand the report’s contents.

Click here to download the reports.

(Source: KRG)

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KRG PM meets President of the Iraq Britain Business Council

The Prime Minister of the Kurdistan Regional Government (KRG), Masrour Barzani, on Saturday met Baroness Emma Nicholson, President of the Iraq Britain Business Council (IBBC).

Prime Minister Barzani highlighted the reforms of the ninth cabinet, its bid to diversify the economy and crucially to make the Kurdistan Region a focal point for business.

Baroness Nicholson gave a briefing on the council’s work, especially its last conference which was held in Dubai and which concentrated on developing UK, Iraq, and Kurdistan Region trade relations.

(Source: KRG)

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