Pressure mounts over Statoil agreement

Pressure mounts over Statoil agreement

statoil_tanzania_cartoon.jpg


No one knows for sure how much gas there is in Tanzania, though estimates put the amount at around 51 trillion cubic feet (TCF). But expectations surrounding gas exploration in Tanzania are soaringly high.
Across Tanzania's commercial capital, Dar es Salaam, both traffic and new construction are burgeoning. The African Development Bank's (AfDB) designation of Dar es Salaam as the fastest growing city in East Africa is almost literally palpable. The AfDB report, "Tracking Africa's Progress", predicts that the city's population will increase from 4 million to 6.2 million over the next 10 years. Predictions regarding the country's economic growth are based on future income from natural resources, like gas from the region of Mtwara. AfDB's forecast, for instance, makes reference to the potential jobs this activity will create.
Protests in January and May 2013, however, by residents in the port city of Mtwara, signal a lack of confidence that the future envisioned by the AfDB will also materialise for remote rural areas of Tanzania such as Mtwara Region. The catalyst for the protests was the announcement of a decision by the government to construct a gas pipeline from Mtwara to Dar es Salaam instead of a gas processing plant in Mtwara. The latter would have fed into an industrialisation strategy that would boost local development.
An incident in early July 2014 involving a production sharing agreement (PSA) between the Tanzanian Petroleum Development Corporation (TPDC) and the Norwegian multinational Statoil, along with Exxon Mobil, highlights how fraught the question of revenues from Tanzania's gasfields-and who will benefit from them-has become. Though not directly linked to the protests in Mtwara, the TPDC-Statoil affair underlines a growing awareness among Tanzanians of the issues surrounding oil and gas, and an increasing dissatisfaction with the way the government handles natural resources contracts and communicates this information to citizens.
At the center of the matter is an addendum to Statoil's original contract with the Tanzanian government for gas extraction in Mtwara Region that was leaked, then brought to the attention of the Tanzanian press in early July 2014. According to media reports, under the terms of the agreement as outlined in the leaked document, the government stands to lose US$1 billion annually.
On social media Tanzanians wondered how the two multinationals had managed to strike such a good deal. A cartoon by Masoud Kipanya published in the Tanzanian daily Mwananchi depicts a white man with a tank labelled "GESI" (Swahili for "gas") on his back, extracting gas from the ground while handing out pennies to a Tanzanian. Another Kipanya cartoon shows a mouse saying in Swahili: "I wish that we would let our gas remain underground till our country reaches adolescence."
Statoil's gas extraction project in Tanzania is one of the largest investments ever in Sub-Saharan Africa. Writing on Africa Arguments, the analyst and blogger Ben Taylor claimed that the potential revenue from natural gas is on a scale that could release Tanzania from its heavy dependence on development aid.
"Another indication of the scale involved here," wrote Taylor, "is that since the Norwegian government is Statoil's majority shareholder, the extra revenue to the Norwegian government from this deal could be worth more than double the total of all Norwegian aid to Tanzania since independence."
Zitto Kabwe, a member of parliament and Chairman of the Public Accounts Committee, highlighted some of the leaked document's key points in a Q&A on his blog, and critiqued the fact that the PSA was not made publicly available. In a July 6 article in the Daily News the TPDC responded to Kabwe, asserting that claims that the country risked losing US$1 billion per year were unfounded. Kabwe and others countered the TPDC's comments on Twitter, and Kabwe called on the TPDC to clarify the terms of the deal.
According to a July 19 article in The Citizen, the TPCD confirmed its position in a press conference on July 16: "Outgoing TPDC managing director Yona Killagane strongly refuted the claims that the country would incur a loss of $1 billion annually if the pact is fully implemented as agreed. Instead, he insisted that the government was likely to earn more money and that it stood a higher chance to benefit from the contract."
Tanzanians are not particularly pampered with regard to transparency around natural resources contracts, but this latest affair gives rise to even further mistrust. Nor does it help when the likes of Patrick Rutabanzibwa, chairman of PanAfrican Energy, the company that runs the Songo Songo Gas and gas-fueled power plant in Ubungo in Dar es Salaam (also the former Permanent Secretary of the Ministry of Energy and Minerals), minimise the matter.
"We are failing to enter into resource contracts as it was in mining and currently in oil and gas because our capacity is very low," said Rutabanzibwa. "But if Tanzanians will be empowered then, contracts will be balanced. . . . We should let bygones be bygones and start by legally making investment contracts in the natural gas sector public; I am sure there will come a day where all investment contracts are public."
For stakeholders with particular interests in business and investments in Tanzania, criticism makes a challenging investment area like gas even more difficult, and some will even argue that it will result in less money going to neglected areas. Others might say that regardless of Tanzania's share of the revenue, there will still be benefits in the form of jobs and local growth in Mtwara.
Analyst Ben Taylor is less optimistic. "One of the big political risks with oil and gas," wrote Taylor, "is that it can be seen by politicians and senior officials as ‘easy' money that doesn't come with the kind of scrutiny that taxpayers demand when they pay their taxes and donors demand when they provide aid.
"Unless somebody – the media, politicians, civil society – steps up to fill the gap, decision makers in government will be left free to make whatever decisions they choose, unencumbered by any need to protect the public interest. The Statoil PSA may well have cost Tanzania several billion dollars – yet it appears no-one is trying to hold those responsible to account."


 
Zungu Pule

First thing First

Confidentiality has never been meant to breed corruption, this is a real life fact not a theory. Focusing on the Contracts the Government is entering on our behalf now.

What we need is Policies, lack of guiding Policies render it the officials calling on their knowledge and personal skills in evaluating the terms of contracts, they could well end up signing off contracts which are against our own laws, this laxity can not be prevented by transparency,

once we have policies, the rest of us can well rest knowing our officials knows what is supposed to be done, Policies will make it transparent how we enter into contracts, lack of such makes it an innovation issue where we would have hundred of contract version on similar item.

Let me give an example
If it were me, for protecting biggest economic interests of my country, I would want it in the contract that, all the asset of the investment be insured by local insurance company, or an insurance company registered in the country.

Lack of policy requiring such, could put me into compromise, to cash 200M and drop that requirement, by the way I will not be breaking any law or any regulation of the land, and this would be possible even if the contract would be put public, no one will convict me for failure to have such a requirement in, and so it happen.

So with or without confidentiality, corruption knows how to find its way
 
Last edited by a moderator:
BAK

Thanks BAK, let me feast on this one
 
Last edited by a moderator:
  • Thanks
Reactions: BAK
Apparently everyone wants transparency in Tanzania's gas contracts. Lets get them online

Last weekend, Statoil management finally broke their silence on their leaked contract for gas production in Tanzania. In an interview with The Citizen newspaper, Statoil's Country Manager for Tanzania, Øystein Michelsen, spoke at length, including on the subject of contract transparency:

"Statoil respects the position of any government in the countries where we operate with regards to whether the contracts are made publicly available or not. In a number of countries where we operate the contracts are publicly available and Statoil does comply with that position. In Tanzania, the contracts are confidential and for that matter, Statoil also complies with that position." [my emphasis]

"In 2012, Transparency ranked Statoil as the most transparent company among the world 105 largest publicly traded companies [see here]. We will continue to promote transparency, but we will also respect contract terms and the obligations we have towards our partners."

The Citizen used this as their headline: "Investors accuse govt of keeping contracts secret." And the point is clear: Statoil has no objection to contract transparency.

This appears to confirm what the IMF said (pdf) back in May:

"Transparency is critical, not the least for the public to gain confidence that any agreements
are fair. A good starting point would be to disclose the terms of signed PSAs. Companies are likely to welcome this, at least as long as disclosure is applied across all companies on a level playing field. More generally, the government needs to step up to the challenge of providing credible information that is accessible to the ordinary citizen."
[my emphasis]

And there are plenty more who have said these contracts should be transparent.

Policy Forum, and their civil society colleagues, called recently on the government to:

"Make public the signed (original) Statoil PSA of 2007 for public scrutiny, [and] make public all the signed (original) 25 PSAs and the new ones to be signed for fair treatment of all actors in the industry."

Prof Ibrahim Lipumba, National Chairman of the Civic United Front (CUF), wrote a column in the (Tz) Guardian:

"The government should be transparent in its management of the natural resources. All contracts with big companies should be made available to the public."

The Natural Resource Governance Initiative (NRGI) (pdf) commented on transparency in their analysis of the leaked Statoil PSA:

"The debate illustrates the value to Tanzania of more systematic disclosure of its natural resource contracts. More systematic disclosure particularly on contracts, negotiation and bidding processes provides the government and extractive companies with an opportunity to show a firm commitment to transparency; put all projects on a level playing field; manage citizen expectations and guard against unrealistic assumptions about the nature of extraction projects; facilitate consistent public monitoring of implementation of project; and, ultimately, improve public trust and the stability of the operating environment for businesses.

And yet, there's a contradiction here. The IMF, NRGI, Policy Forum et al, and Prof Lipumba all say contract transparency would be a good thing, and Statoil says the only reason they don't publish contracts is that the government objects. But is there really any legal or policy obstacle to making these contracts public?

The first comment on The Citizen's interview with the Statoil Country Manager came from Zitto Kabwe, taking issue with Michelsen's claim that in Tanzania, contracts are confidential:

"According to which provision of the constitution? According to which provision of the petroleum act? According to which provision of the PSA?"

"This is a myth. It started with mining contracts. I served in Bomani Commission and we found out that no contract has a provision for confidentiality. I took 5 contracts ( Buzwagi, Bulyanhulu, Golden Pride, North Mara and Tulawaka), photocopied them and gave them to journalists at a press conference to kill this myth."


"PSAs are not confidential. The minister has said so. And the PS has said so too. Why don't they make them public? Just put on the ministry or TPDC website to demonstrate that you want transparency of contracts." (The Citizen's sister paper, Mwananchi, even turned this comment into an article.)

Which is perhaps the point that the outgoing Managing Director, Mr Yona Kilagane, and Board Chair, Mr Michael Mwanda, of the Tanzania Petroleum Development Corporation (TPDC), were trying to make when they spoke to Daily News in July:

"Mr Kilagane and Mr Mwanda explained to ‘Daily News' in separate interviews that such contracts are open for public scrutiny.

"'As a parliamentarian, Mr Zitto knows laid procedures for obtaining such documents. It is not proper to claim the PSA was leaked and yet in reality it can be obtained by anyone,' Mr Mwanda told Daily News in a telephone interview."


The IMF, NRGI, Policy Forum and Prof Lipumba say the contracts should be public. Statoil say they have no problem with that. TPDC says they are already public, and Zitto agrees.

It looks like nobody objects to contract transparency.

So where are they? Lets get them online.

Source: Ben Taylor ( Apparently everyone wants transparency in Tanzania's gas contracts. Lets get them online | mtega )
 
Back
Top Bottom