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On 18 August Mexico’s state oil monopoly, Petróleos Mexicanos (Pemex), allowed a British oil services company, Petrofac Facilities Management, to take over two onshore oil fields and a Mexican company, Administradora de Proyectos en Campo to take over another This is the first time since 1938, when the Mexican oil industry was nationalised, that a foreign company has been allowed an incentivised contract to develop mature oilfields. The 25 year contract commits Petrofac to investing US$500m in developing two blocs. Petrofac will take a commission of US$5.01 for each barrel of oil it extracts from the fields.
The two companies will be working under legislation that was approved in 2008. This legislation was essentially a re-model of previous agreements, in force up to the early 1960s, which allowed Pemex subcontracting companies’ a share of the profits, if their investment increased oil production.
Despite the uncertainty of the new deals on offer, 27 oil companies bought the tender documents and 17 bid for the rights to increase production in the three fields. Among the under-bidders were Dowell Schlumberger de México, Repsol-YPF, Halliburton, Maersk Oil and Canacol Energy.
The three fields currently produce 15,000 barrels per day (bpd); the goal of the contracts is to increase output from these mature fields, which hold 207m barrels of recoverable oil up to 55,000bpd.
The two fields Petrofac will develop, Magallanes and Santuario, have been in operation since the 1960s and currently produce about 14,000 bpd from about 100 active wells; another 900 wells are currently inactive. Administradora de Proyectos en Campo, which got the contract for another smaller field, Carrizo, will get a commission of US$5.03 per barrel.
Oil analysts claim that Pemex is getting a good deal because the new operators have offered to get the oil out for less than Pemex itself could: these analysts suggest that it would have cost Pemex between US$7 and US$8 a barrel to increase oil production from these fields to the target level.
The big risk for Petrofac and Administradora de Proyectos en Campo is that the courts, or politicians, rescind the deal. The chamber of deputies has tried to get the supreme court to declare the new contracts unconstitutional. The new contracts were approved by the board of Pemex in November 2010. The supreme court first ruled that the deputies could not be act as plaintiffs because the alleged breach of the constitution did not affect Pemex’s prerogatives, because Pemex’s board, not the chamber of deputies, makes operating decisions for the company. The chamber of deputies appealed against this interpretation and its case was only rejected by the supreme court, which refused to consider the argument on 16 August 2011.
The unwillingness of the supreme court to get involved now does not necessarily it will not be forced to make the definitive judgment in the future. The current contracts appear to be pretty similar to the five risk-sharing contracts which Pemex signed between 1949 and 1951. When these 25-year contracts were cancelled in 1970, the then-director of Pemex noted that there was nothing illegal about the contracts when they were singed but reforms in 1958 and 1960 had rendered them illegal. Both of these provisions are still in force.
Furthermore, under the 2008 legislation, all payments to subcontractors have to be in cash. The 2008 law specifically rules out paying contractors either with a percentage of their oil production or according to the value of the oil they produce. Pemex has not said how the companies will be paid, but it appears that by offering a price-per-barrel deal, the companies will clearly earn a greater return the more oil they produce. Petrofac, clearly aware of the sensitivity of this issue, stated that it will not include the production from the fields as part of either its production or reserves, but this is beside the point. The key question is whether politicians and the courts regard increasing production from these fields as a potential infringement of the constitution.
For Mexico these two deals are important because they may help it arrest the steady fall in oil output. Mexico is currently the world’s seventh-largest producer but Pemex, Mexico’s only producer, has seen output from its fields plummet from about 3.4m bpd in 2004 to about 2.6m bpd now. This is a decline of 24%. The private sector argues that the steepness of the decline has been accentuated by the laws which prohibited Pemex from entering into joint-risk contracts in which third parties share both the risks and rewards of oil exploration. This has meant that oil companies have been confined in recent decades to fulfilling narrowly defined service contracts.
Successive Mexican governments have also mismanaged Pemex, demanding that it produce as much crude oil as it can while starving the company of long term investment. The company funds investment with debt and as a result its balance sheet is a nightmare. The growing industrialisation of Mexico has meant that imports of fuel and other oil derivatives have now become an important item in the balance of payments. Pemex’s net contribution to the country’s total exports of about US$340bn is now probably less than US$12bn.
Pemex officials hailed the new contracts. “This is just the beginning,” Carlos Morales declared. Morales is the head of Pemex’s exploration and production unit and he took part in the ceremony announcing the new contracts at Villahermosa, the capital of both Tabasco and Mexico’s onshore oil industry. “We are sure that we will be able to significantly increase the recovery of these reserves for the benefit of all Mexicans.”
International experts are not convinced that the new contracts are attractive enough to lure foreign companies to Mexico. Other countries offer incentives which reward companies for outperforming (and indeed penalise them for under-delivering).
Petrobras: Profits at Petrobras rose 32% in the second quarter after a sharp appreciation of the local currency slashed the cost of the Brazilian state-controlled oil group’s dollar-denominated debt. The group reported net profit of R$10.9bn (US$6.5bn) compared with R$8.3bn, a year earlier, almost entirely because of currency and investment gains. Meanwhile, operating profit dipped 2.1% after administrative and exploration costs wiped out the extra revenue from higher global oil prices. The head of the state oil giant Petrobras, José Sergio Gabrielli, has warned that Petrobras may delay a planned US$13.6bn divestment of non-essential assets until the market improves. Petrobras recently announced a long-awaited plan to spend US$224.7bn over the next five years, following months of battling with the government over cost-cutting. Petrobras’s total revenue in the second quarter rose 12% to R$61.5bn from R$53.6bn in the same period of 2010, while earnings before interest, tax, depreciation and amortisation increased from R$15.9bn to R$16.1bn. Its dollar-denominated net debt hit US$44.1bn at the end of the second quarter, up 18% from US$37.3bn at the end of 2010. The company has said it would need to raise as much as US$91bn in debt over the next five years to pay for the highly costly process of extracting oil from its ‘pre-salt’ reserves, so called because they lie below a 2km-deep layer of salt under the seabed.
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