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Willy H Olsen Kenya new opportunities - new challenges Willy H Olsen Advisor for INTSOK, a Norwegian government/industry partnership Statoil 1980-2003 EITI Board member in Norway Revenue Watch Institute Board in New York
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new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Mar 20, 2018

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Page 1: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Willy H Olsen

Kenya – new opportunities - new challenges

Willy H OlsenAdvisor for INTSOK, a Norwegian government/industry partnershipStatoil 1980-2003EITI Board member in NorwayRevenue Watch Institute Board in New York

Page 2: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

The long wait for success

Can finally look towards production

First well drilled in the 1960s

Drilled less than 40 wells to date:Many indications of oil and gas

Page 3: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Many will be watching you closely

Oil and gas can transform your country

• Hydrocarbons are a strategic commodity that influences the economy of every nation

• You know how important it is to properly managed the resources and the revenues

• Good governance has to be a critical feature of your future policy

• Your strategy must supports the ambition of improving the quality of life of present and future generations

• Your approach must enable you to avoid the Dutch Disease and the oil curse

• You will have to manage expectations

Uhuru Kenyatta - the new president – will haveto make wise decisionson how to secure that Kenya benefits from itsnew resources

Page 4: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

East Africa has become attractive

A global energy hot-spot

• East Africa has become an energy hot spot

• Huge gas finds in Mozambique and Tanzania

• First LNG exports within the next 6-8 years

• Oil finds in Uganda and Kenya

• First oil production within the next 5-8 years

• Many alternative energy projects

• Coal resources are substantial in Mozambique

• Wind in Kenya

• Huge hydro power projects in Ethiopia

• Major part of the energy resources will be exported to global markets

Page 5: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Some of the lessons learned

What will Kenya have to do right?

• For Kenyans to benefit, a few things must be right

– Get the legislation and institutional structure right

– Maximise economic returns to the state

– Increase public trust and manage public expectations

– Build capacity and enable actors to perform their role

– Ensure national oil company participation in the development of the resources

– Increase accountability

You have showed theworld you can deliverand meetexpectations

Page 6: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Sustainable development at the heart of policymaking

Petroleum resources are finite

• Petroleum resources may last for generations

• But they will never last for ever

• Key issues

• Sustainable resource management

• Revenue management

• Commitment to education within and outside the sector

• Support for the non-oil economy

• Corporate social responsibility

• Careful management of the resources and impact on environment should be a core part of the petroleum policies

Page 7: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Good governance is critical

Creating an economic development engine

• Good governance, transparency and participation are prerequisites

• Extractive industries can be an engine of development

• West Africa has produced 35 billion barrels of oil worth more than $1 trillion over last 40 years

• The sector has not provided jobs, skills and technology centres

• Revenues from oil and gas are important, but not enough

• Greater emphasis on industrialization, economic development and diversification, job creation, and prosperity for their citizens

Page 8: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Profits are made upstream

Kenya will be in the whole chain

Upstream: Rent to governments – high return to oil companies

Midstream: Tariffs

Downstream: Margins

Page 9: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Can you learn from Norway?

Page 10: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Legislation approved before oil was found

The Petroleum Law is the foundation

1. The petroleum resources shall be managed with a long term perspective

2. The whole society shall benefit from the resources

3. Resources shall be managed to secure revenues to the country

4. Oil and gas shall contribute to welfare, employment, improved environment and industrial development

5. Take care of regional interests

Source: The Petroleum Law of 1965 – paragraph 1A

Page 11: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

An advanced technological industry

Invested in human capacity building

Page 12: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Nationall planning

Laws and regulations

License awards

Approving new field plans

Advisor to Ministry

Monitoring

Database

Information

Exploration and

production

Technology

Refing

Ministry ofPetroleum andEnergy

NOC: Statoil Petroleum Directorate

Willy H Olsen

Clear role and responsibilities

The Ministry in the drivers seat

Page 13: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

The petroleum fund has become a pension fund

Our grandchildren’s children will benefit

0

1000

2000

3000

4000

5000

6000

1998 2002 2004 2006 2008 2010 2012 2020

Billio

n N

OK

• Norway used all its oil revenues for 20 years

• Oil fund established in in 1996

• Became the ”State’s pensionfund - global”

• Norway can use the annual return from the Fund

• Estimated to 4% annually

Page 14: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

The price has also been high

Norway has not escaped tragedies

Alexander Kielland disaster in 1980 – 123 died

Page 15: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Contracts in the oil and gas industry

Page 16: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Components of a petroleum regime

State normally “owns” the resources

Constitution

Petroleum Law

Petroleum Regulations

Host Government Contracts

Legislature

Ministry

Ministry/ Regulator/NOC

Page 17: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

The interests are not the same

What will the country need?

Right to Monetize

Stability

Environment

Training, local employment

Fair Revenue Share

Prompt Exploration

Activity Controls

Local Goods & Services

State Concerns Investor Concerns

The absence of any one of these three aspects puts the investment favourability at risk, and may justify a decision not to invest

Enforceability

Page 18: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Clarity of roles is critical

Not one ideal model of responsibility

• No single ideal organizational model for governing the petroleum sector

• Clarity of roles between agencies and their responsibilities is crucial

• Lack of clarity can lead to conflicting agendas, duplication of effort and policy paralysis.

• There has to be clarity on who provides input

– Who is responsible for recommending actions?

– Who approves the decision?

– Who implements the decision?

– Who monitors implementation of the decision?

Parliament

Government

Ministry

The NOC

President

Page 19: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

The main contractual models

Risk contracts are a new feature

Upstream

60 countries

40+ countries

Only in a fewcountries, Mexico, Bolivia, Iraq and Iran

Concession- license

Riskservice

Productionsharing

Page 20: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

How can an oil company secure access

Negotiations, bidding, political deals

Direct negotiations

Bidding rounds

Political deals

Acquisitions

Some countries still have an open door and welcome any approach

Most countries will invite companies to deliver bids for acreage on offer

Oil companies may benefit from countries political strategies

Oil companies can buy companies or assets in one or several countries, but may be up

against pre-emption rights

Page 21: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Profitability of government take

Timing on government take

Sharing of risks

Encouraged to invest and

reinvest

Depends on the fiscal features; regressive, neutral or progressive

Are the revenues front end loaded, neutral or back end loaded

Exploration risks, revenue risks, operation cost risks

Carried interests, ring fenced

Fiscal regimes produce different results

Page 22: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

NOCs strengths and weaknesses

Page 23: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

• More than 100 NOCs around the world

• New NOCs emerged in Uganda, Gabon, Timor Leste – others are reformed

• Most NOCs were created with a mandate to implement government energy policies

• Increase state revenues - be an economic engine

• Secure supply of oil to the country

• NOCs are very different

– Many have been commercialized and have private shareholders

– Many are in dire need of reforms

• A few will move towards becoming new IOCs

NOCs formed as the nations custodians

A mandate that goes beyond making profits

Page 24: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Should NOCs have private shareholders?

Realize value and increasing governance

• Close to 50 national oil companies have private shareholders

• Petrobras, Statoil, Petronas, PTT,

• Chinese, Russian, Indian NOCs

• African NOCs are lagging behind

• Realising value for the State

• Raising capital for investment by NOC

• Help establish domestic Stock Market

• Increase operational efficiency

• Improved governance

• More information becomes available

• Minority Shareholders Rights

Willy H Olsen

Should KNOCK beon the NairobiStock exchange ina few years?

Page 25: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Attributes of a successful NOC

Clear objective and performance focus

Self funding

Self funding

Financial autonomy

Clear objectives

Independent Board

Performance focus

People

High performing

NOC

Page 26: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

What are the main NOC challenges?

Finding the right balance

0 10 20 30 40 50 60

Security of demand

Access to capital

Recruiting and retaining skilled staff

Access to technology

Balance national and commercial interests

%

Page 27: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

• Many NOCs still lag behind the NOC frontrunners and international oil companies

– Low transparency

– Lack of accountability

– Inadequate budget procedures

– Fund confiscating

– Unclear roles

• Implications

– Low performance

– Financial problems

– Problems to participate in Joint Ventures

Principles of Good Governance

• A clear mission

• Professional Board

• Transparency

• Accountability

• Published accounts

• Audited accounts

• Commercial oversight

• Good management structure

Lack of clarity of roles and responsibilities

Many NOCs are struggling to deliver

Willy H Olsen

Page 28: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Local content

Page 29: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Economic impact of oil and gas activities

The direct and indirect value creation

Direct effect

• Value of oil and gas production

Indirect effect

• Purchase of materials, services and supplies locally

Induced effect

• Spending by employees of both oil companies and suppliers

Oil and gassector

Governmentget taxesfrom oil companies,suppliersand employees

Willy H Olsen

Page 30: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

• The local content project was launched in 2003

• Steering committee members– Minister of Energy– Minister of Industry– Petrobras’ CEO and Services

Director– The oil and gas organization

ONIP– The president of Brazil’s

Development bank, BNDES

SteeringCommittee

Oil, Natural Gas and Renewable Fuels Secretariat

Executive Committee

Executive Coordinator

Sectorial Committee

E&P G&P and

PipelinesDownstream

Maritime

Transportation

Environment Thematic CommitteeTechnology Thematic Committee

SteeringCommittee

Prominp – the local content vehicle

Former president Lula’s initiative

Willy H Olsen

Page 31: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

The direct and indirect services

Where are the business opportunities?

Fuel

Emergency Services

Waste Management

Security

Medical

Crane

Hire

Personnel

Transport

Freight Forwarding

Custom

Clearance

Facilities

Management

IT

Services

Telecoms

Hotel/Accom.

Off ice

Supplies

HR

Unskilled

Labour

Training

General

Trades

Catering

Communications

Camps/Accom.

FPSO/Wellhead

Tangibles

Rig

Hire

Feed

Seismic

Services

Well

Services

Environmental Services

Int. Freight Services

Site Prep.

Field Construction

Specialist

Trades

InspectionsInf ield

Transport

Spare

Parts

Inf ield

Services

Civil

Mechanical

Electricals

Mud/

Cuttings

Construction

Materials

SPECIALISTS

SERVICES

DIRECTSERVICES

INDIRECTSERVICES

Page 32: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

SME’s critical for Kenya’s success

You may need an enterprise center

• SMEs create jobs and generate income

• 80% of employment and 20% of GDP in Kenya

• Small businesses are those with an annual turnover between KES 500,000 and 5 million and employing between 10 and 15 employees

• SMEs provide opportunities to build stability by connecting different ethnic, social and religious groups

• Providing subsistence and a specialized understanding of local context

• They have to meet stringent quality requirements

• They need to have access to finance

• They will need training!!!!

Page 33: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Opportunity appraisal / Feasibility

Concept Selection System DefinitionConcept Definition Project Execution

Ability to Influence Cost

Project Expenditures

ProjectSanction

You will have to act early!

Willy H OlsenWilly H Olsen

Page 34: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

“Maximizing the benefits of local content

is not the same as to maximize local content”

Willy H Olsen

Page 35: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Final words

Page 36: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

Ten policy recommendations

1. Agree national priorities and protect them

2. Find the balance between the Ministry, regulator and the NOC

3. Manage the revenues wisely

4. Demonstrate social responsibility, host communities should benefit

5. The environment must be protected

6. Maintain and grow the non-oil sectors

7. Create domestic capacity and enhance human resources

8. Encourage private sector participation through the growth of local firms.

9. Give good governance and transparency high priority

10. Macroeconomic stability is important for sustaining prosperity.

Page 37: new challenges - National Oil Corporation of Kenya · PDF file• Oil finds in Uganda and Kenya ... Oil and gas sector Government get taxes ... Ten policy recommendations 1. Agree

You will all have to work together

Oil and gaspolicies

Government

Civil society

Educationsector

Local privatesector

Localcommunities

Oil companies