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1. New Producer Contract Terms and Uncertainty: Lessons From the Recent Past

Author:
Patrick Heller, Perrine Toledano, Tehtena Mebratu-Tsegaye, and David Mihalyi
Publication Date:
03-2022
Content Type:
Special Report
Institution:
Columbia Center on Sustainable Investment
Abstract:
The petroleum industry is volatile, and governments in “new producer” countries have operated at a significant information disadvantage when negotiating with international oil companies. This challenge is growing today; new producer countries face intensifying questions around whether to offer fiscal incentives to maintain investment in the face of 1) the pandemic-induced volatility in oil prices and 2) long-term questions about the future of the industry in the face of the climate crisis and the global energy transition. This confluence of short-term and long-term uncertainty is prompting a reexamination of the narrative that once took hold in many new producer countries. The traditional story was one of linear progression from being non-producers to small levels of production to ultimately having oil and gas become a major economic contributor over the long term. This notion of progression was associated with a commonly held theory: After a country’s first major discovery, the geological risk that wells will be dry was expected to decrease. Countries could therefore shift from a position of having to grant tax breaks (and other concessions) to international investors, to taking a tougher stance in laws and negotiations for new projects going forward. In this paper we examine whether this theory has been borne out in practice and make recommendations to support new producers in their navigation of the uncertainty associated with the energy transition. Among the eight “new producer” countries, for which we analyzed a total of 26 contracts signed before and 25 contracts signed after discovery events (all occurring between 2001 and 2014), the evidence is mixed. Only three of the eight countries in our sample—Ghana, Mozambique and Uganda—demonstrated a clear pattern in the direction of more stringent terms in post-discovery contracts. They featured definitive steps to increase some of the obligations of contractors to the state, and no significant terms that became less stringent. Five out of eight countries did not meaningfully alter their approach to gain greater concessions from their company partners.
Topic:
Energy Policy, Oil, Governance, Gas, and Private Sector
Political Geography:
Uganda, Africa, Mozambique, and Ghana

2. Stuck in the Past: Lessons on Emissions for Developing Oil Producers

Author:
David Manley and David Mihalyi
Publication Date:
07-2021
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
As much of the world slowly moves into a low-carbon future, a group of countries are firmly stuck in a fossil-fuel past. These are mainly countries rich in fossil fuel resources. This is not only a problem for the global target to limit the emissions of greenhouse gases, but it puts these countries under a “carbon curse”. Under this curse, people pay more for energy, might be locked out of trading opportunities with countries with carbon taxes, and breath dirtier air. These fossil fuel-rich countries provide a lessons for developing countries with fossil fuels that are still to industrialize. These are countries that still have time to change direction to avoid being stuck in the past, and move into a more prosperous and cleaner future. Key messages Most economies are slowly decarbonizing, but the economies of high-income, fossil fuel-rich countries are not. This is the case whether examining production- or consumption-based emissions. Low-income, fossil fuel-rich countries can learn from the experience of wealthier fossil fuel-rich countries. Remaining on their current path could mean that low-income, fossil fuel-rich countries could face high energy costs, exclusion from export markets, and failure to meet future climate commitments.
Topic:
Climate Change, Energy Policy, Oil, Carbon Tax, and Carbon Emissions
Political Geography:
Global Focus