Mexico s Energy Reform A Game Changer in the Nation s History

Transcription

1 December 2013 David Enríquez Senior Partner Oil & Gas Maritime Mexico s Energy Reform A Game Changer in the Nation s History

2 I BACKGROUND AND PARLIAMENTARY WORK A 3 PROPOSALS Contract model Concession Shared Profit Contracts N/A PEMEX modifications Lower tax rate & corporate model Lower tax rate & corporate model Lower tax rate & corporate model Main regulator CNH CRE & CNH CRE & CNH Private sector may participate in exploration & production Yes, in collaboration Yes, in collaboration No Private sector may distribute electricity Yes No No

3 I BACKGROUND AND PARLIAMENTARY WORK B BREAK-UP OF PACT FOR MEXICO Break-up of the agreement as the PRD alleged a Pact s violation: Hydrocarbons will remain federal property Compromised reform PEMEX to be converted into a publicly traded production company Tight vote scenario Open up to competition in refining, petrochemicals, and transportation Approval may require concessions to be made Expand powers of National Hydrocarbons Commission Lower electricity production costs through gas Energy supply in the country at reasonable prices and quality

4 I BACKGROUND AND PARLIAMENTARY WORK C SCOPE OF REFORM What Does the Reform Allow? Private investment for exploration and extraction of hydrocarbons under contracts (i.e., PSAs) with the federal government (via CNH) Oil processing and refining; gas processing, oil and oil derivatives transportation, storage, and distribution Private investment for electricity generation and commercialization, and transmission and distribution under contract with CFE

5 II ECONOMY AND CONSTITUTION Mexican Economy Constitutional reform to allow private companies to invest in the national energy industry Exploration and extraction are special strategic areas of the federal government Private concessions for electricity, oil, gas; transmission and distribution remains prohibited Federal government may carry out exploration and extraction activities via PEMEX (Round Zero) or via private operators (Round One and beyond) Strategic area Oil & gas strategic area Priority area Private participation SENER (Energy Ministry) will decide on the areas and CNH will implement all bids.

6 III CONTRACTUAL FLEXIBILITY B CONTRACTUAL MODEL Service contract Profit-sharing contract Productionsharing contract License contract Cash compensation Compensation based on a percentage of profit Compensation based on a percentage of production Compensation through licensing in return for payment for hydrocarbons extracted from subsoil The details and conditions of each contractual model will be detailed in the secondary legislation.

7 IV INSTITUTIONAL DESIGN, AUTHORITIES ROLE A SENER / CNH / SHCP National Industrial Security and Environmental Protection Agency to monitor and supervise activities and plants in hydrocarbons sector SENER Entitled to organize public biddings, assignments, contract executions, technical administration, and supervision of development plans Area selection, technical design of contracts, and technical guidelines of public biddings Institutional Design Tax conditions related to public biddings and contracts CNH SHCP

8 IV INSTITUTIONAL DESIGN, AUTHORITIES ROLE B BANXICO (MEXICAN OIL FUND) Bank of Mexico: Mexican Oil Fund Upon payment of taxes, the fund will receive and manage the federal government's oil revenue stemming from hydrocarbon exploration and extraction Revenue per contract Payment to contractor Distribution after taxation Fixed budget Investment if exceeds 0.15% of GDP Debt payment Developments Pensions Long-term savings Projects

9 ENERGY REFORM V PROSPECTIVE TIMELINE Secondary legislation (120 days) May 1, 2014 Convert PEMEX into a State Production Company (2 years) 2016 April 1, 2014 Oct. 1, 2014 ROUND ZERO PEMEX selection (3 months) CNH s approval (6 months) Following rounds April 1, 2014 ROUND ONE / Materials Bill takes effect January 1, 2014

10 VI TEAMING UP WITH PEMEX IN ROUND ZERO? A ROUND ZERO Round Zero? A special round for PEMEX to select exploratory areas (to be potentially revoked in five years) and production fields. What is PEMEX's range of action? Upon PEMEX s selection and CNH s decision, PEMEX might migrate its awards to contracts (such as PSAs with the State via CNH). Prior to such migration, CNH would decide on PEMEX s partner (to jointly participate through a JV, a JOA, or other private arrangement). Teaming Up with PEMEX in Round Zero? PEMEX will decide shortly on its strategy for requesting exploratory areas and migrating some of its awards to PSAs. It is the right time to demonstrate capabilities to both CNH and PEMEX itself.

11 VI TEAMING UP WITH PEMEX IN ROUND ZERO? B ROUND ZERO AND BEYOND ROUND ZERO PEMEX has preferential selection, including: Fields already in production Exploratory fields to be migrated to a contractual form (i.e., PSAs) Exploratory fields not to be migrated RZ CNH APPROVAL CNH will examine PEMEX s preferential selection RZ MIGRATION Double Layer PEMEX s right to migrate CNH s decision as to PEMEX s partner L1: PEMEX, Partner (i.e., JOA or JV) L2: Consortium, CNH (i.e., PSA) R1 & FOLLOWING ROUNDS The fields for which PEMEX has not exercised its preferential right will be assigned by CNH through biddings in the open market. The same will happen with fields requested by PEMEX in RZ but denied by CNH.

12 VI TEAMING UP WITH PEMEX IN ROUND ZERO? C CRITICISM RZ and its impact Unless key migrations (teaming up with private companies) are authorized by CNH, PEMEX's viability might be jeopardized. Significant delays RZ and beyond Due to CNH's lack of expertise in biddings, delays could occur, which would impact production. PEMEX s key officers might be transferred to CNH. Strong coordination between players CNH s last word In order to mitigate the potential impacts, strong coordination would be required between PEMEX, SENER, and CNH. Moment for private operators to enter the market. CNH s decision is binding. PEMEX will have to adapt to its new environment not only in RZ but in any other potential round.

13 VII PEMEX S TRANSFORMATION PEMEX AS PRODUCTION COMPANY Greater technical and managerial autonomy based on best practices Core purpose will be to generate economic value and boost the federal government's revenue with equity and social & environmental responsibility Special budget regime subject to financial balance as well as special treatment in terms of compensation plans for key officers Special compensation regime according to best industrial practices

14 VIII RELATED TOPICS: NATIONAL CONTENT, LABOR/UNION RIGHTS Oil & Gas Industry Competitive national content: Per NAFTA (and similar treaties) + NC compliance during the life cycle of each project. Labor environment: Other than excluding the Union from participating as a member of PEMEX s Board, there are no changes to union/labor rights.

15 DAVID ENRÍQUEZ