Professional Documents
Culture Documents
CONTENT
1 3 6 9 12 14 16 18 21 24 OVERVIEW PARADIGM SHIFT IN INTERNATIONAL OIL COMPANIES IOCs , NATIONAL OIL COMPANIES NOCs AND INTERNATIONAL NATIONAL OIL COMPANIES INOCs RELATIONSHIPS INCREASINGLY CHALLENGING RESERVES REGULATORY ENVIRONMENT RESTRICTED AVAILABILITY OF CAPITAL ASSET AGEING AND DECOMMISSIONING SKILLS SHORTAGES GEO POLITICAL TENSIONS LENGTHENED SUPPLY CHAINS CONCLUSIONS
FEBRUARY 2012
OVERVIEW
Throughout the last decade risk landscapes have evolved, often dynamically, such that today, the risks faced by many enterprises have proliferated and are larger and more inextricably linked than ever before. Relief is not at hand: according to the World Economic Forums Global Risks 2012 report, macro risks will become increasingly complex and interrelated over the next 50 years, as constellations of risk overtake singular risk silos in representing serious threats to global prosperity and security. The purpose of this paper is to consider the evolution of energy risks in the context of the global macro-risk picture; to anticipate evolving high-level energy risk trends that should perhaps loom large on the radar screens of industry risk managers; and, to offer insights on potential risk mitigation and treatment techniques. Never before has the function of energy risk management been more challenging, nor offer those that do it well such significant competitive advantage over those that are merely adequate. Energy sector risk managers need to ensure they have addressed key issues in this new reality of risk: Risk magnitude has grown such that traditional risk transfer capacity may be found wanting unless complemented by new or evolved solutions. The size of an insurance recovery is only half the story: experience has demonstrated that when losses threaten balance sheets, the rapidity of cash injections via insurance indemnities is of critical importance. Risks have an increasing habit of compounding the ability of a singular incident to ignite innumerable and perhaps unforeseen consequences which, in turn, may emit their own shockwaves. These after-shocks may have far greater impacts than the original occurrence. Risk compounding presents myriad challenges to risk managers: it is both difficult to model the consequences and easy to lose control of event management, stabilisation and recovery. Regulatory and organisational insularity undermines the pursuit of insightful risk management. Effective risk management should recognise the merits of competition but also the value of collaboration. Our own research has shown that energy companies are good at internally cascading the lessons of their own experience but poor at learning from the mistakes or insights of others. The Black Swan moment. Risk managers should assume that their company will suffer a major loss regardless of the preventative measures in place, and that it may bear little similarity to those appearing on the corporate Risk Register. This insight drives a very much more expansive risk perspective and one that is an essential guarantor of corporate survival. Corporate success or survival may depend more on postevent agility and a culture of adaptability than pre-event prescriptive, embedded procedure. Process and regulation are essential for the conduct of business and may even exert positive cultural influences from a risk management perspective. Yet far-sighted risk managers increasingly look to crisis management, disaster planning and business recovery as the critical competitive differentiators. Many actively engage in internal dialogues to align various stakeholders, for example with boards, human resource departments and health and safety functions. Risks may be identified and exposures modelled, but organisations that are capable of quick-witted problemsolving and decisive remedial action perhaps at multiple customer and media interfaces mark themselves out as being elite. We hope this paper will provoke some consideration of how well prepared your organisation is to deal with these pressing risk issues.
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FEBRUARY, 2012
FIGURE 1: DATA SHOWING CAPITAL EXPENDITURE FOR THE VARIOUS CLASS OF OIL COMPANY.
RANK 1 2 3 4 5 6 7 8 9 10
COMPANY Saudi Aramco National Iranian Oil Company Qatar General Petroleum Corp Iraq National Oil Company Petroleos de Venezuela Abu Dhabi National Oil Company Kuwait Petroleum Corp Nigerian National Petroleum Corp NOC Libya Sonatrach In addition to a growing number of global geo-political trends, the rise in prominence of NOCs has significant implications that are already impacting IOC business models and growth strategies. And although the business risk to IOC performance is clear, the increasing fluidity in the business dynamic produces a diverse array of risks that affect both IOCs and NOCs.
http://www.petroleum-engineering.net/top-10-oil-companies-based-on-oil-reserves/
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Some of the implications of the shifts are: Traditional Joint Venture and Production Sharing agreements are being supplanted by dollar-per-barrel tariffs, often triggered or enhanced by built-in production level targets. At the same time, host states will naturally seek to impose levies on IOCs in the form of taxation and royalties, whilst their NOC instruments of energy strategy may change the balance of risk transfer to the IOC and seek to moderate investor rewards. These arrangements may produce a complex risk/reward environment, which can be dangerous for IOCs and NOCs alike if there is insufficient alignment of interest. NOCs may have different drivers to IOC. NOCs may be subject to OPEC quotas, international relations of the host government and expectations for their local populations whereas IOCs may well have rather different stakeholder priorities such as shareholders, investors, public relations and downstream customers. Host nations may seek to exercise control over projects through a requirement for IOCs to partner with NOCs, and through their NOCs may become shareholders in companies that participate in the oil and gas value chain. This can lead to a number of challenges to both parties including: Increased risk to national / strategic / operational objectives due to additional complexity of operating with non-aligned partners. Potential divergence on operating standards may expose one party to a higher hazard / operational loss exposure. It may become more difficult to protect intellectual property. Increased investment requirement for exploration activities due to more demanding contract terms. Sovereign states that are perceived to lack political stability risk a contraction of inward foreign investment, leading to curtailment of project activity and stunted industry development. By the same token, foreign investors may risk asset expropriation and an attendant failed investment. This is not just a developing country issue as, established democracies are increasingly viewed as having the potential for fiscal volatility and unpredictable political dynamics.
There is an increasing trend for NOCs to become International NOCs (INOCs) as they search for investment opportunities beyond their own national borders. This exposes them to political or country risks that are comparable to those experienced by IOCs.
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BP Statistical Review of World Energy June 2011. Ibid IEA, World Energy Outlook 2011 Energy E&P spending to reach record high, Reuters News 5 December 2011, Global 2012 E&P Spending Outlook Drilling in Extreme Environments: Challenges and implications for the energy insurance industry, Lloyds 2011
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3. REGULATORY ENVIRONMENT
The regulatory environment is a key driver in investment economics of oil and gas companies. Key risks arise from changes to legal regimes determined by sovereign states; instability in national tax regimes; and uncertainty in the domestic rule of law or in international regulations designed to address climate change.
Some of the issues which impact an oil company are: The ability to demonstrate good corporate governance is a requirement for companies domiciled in many jurisdictions. The Foreign Corrupt Practices Act in the US and the recently enacted Bribery Act in the UK are two examples of the stringent requirements imposed upon enterprises with severe penalties for those that transgress. The extent of this type of legislation means that international companies operating in many different countries may well find themselves subject to the requirements of those laws merely by having a presence of some form or other in say the US or the UK. This can then present serious challenges to projects in countries where the local expectations can mean the inward investor faces demands at odds with corporate governance requirements. This risk can be particularly difficult to manage when it does not become apparent until after agreements have been signed and finance and resources committed. Fiscal regimes determine the structure of contractual agreement between host state and operator, whether a production sharing agreement (PSA), a concession or a hybrid structure. Contract terms are often amended in favour of the host state and affect the project economics for oil and gas companies. Unstable tax regimes also increase the uncertainty in future cash flows and potentially make ventures unattractive to the extent that companies are forced to close down operations. Changes to taxation rules, registration requirements, exchange control provisions, types and duration of licenses, relinquishment and surrender requirements / rights all contribute to determine the profitability of potential projects. For example, in the UK the government has cited debt levels and the current macro-economic environment for increasing the supplementary tax rate of North Sea oil producing companies from 20% to 32%.This tax increase is blamed for recent drilling figures for the third quarter of 2011 which show a fall in the number of exploration and appraisal wells started offshore to 12, compared with 21 in the equivalent period in 2010; and a reduction in the number of development wells drilled offshore to 22, compared with 30 in the corresponding period a year earlier7. The industry remains vulnerable to often sudden regulatory responses to major incidents. For example, reviews are continuing into offshore exploration and operational requirements in the Gulf of Mexico following the Deepwater Horizon incident. The Piper Alpha incident of 1988 also generated many changes in North Sea Operations. Onshore in Europe, the Seveso Directive, following an incident in Italy in the 1970s, has had a similarly lasting impact.
http://www.decc.gov.uk/en/content/cms/statistics/energy_stats/source/oil/oil.aspx
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FEBRUARY 2012
Increasingly stringent climate change regulations are anticipated as governments seek to meet emission reduction targets. Legislation and industry guidance on greenhouse gas (GHG) emissions and renewable energy sources could significantly impact business operations for energy companies. An example is the variation and likely flux in biofuel blending rates: as governments aim to meet renewable targets the use of biofuels is being encouraged. However, with current overcapacity, it is expected that blending limits will increase in some countries (for example, Brazil, Argentina, Colombia) in order to absorb the excess capacity8. This in turn will impact the project economics and profitability of biofuels as an alternative energy source, currently being explored by some oil majors. Recent losses have driven shifts in regulatory and public opinion, especially in relation to the issues of pollution and other liabilities. In the event of a catastrophic incident, regulatory priorities will be aimed at both protecting the public and ensuring wider confidence in the regulatory process.
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http://www.oilandgasuk.co.uk/cmsfiles/modules/publications/pdfs/OP049.pdf, Oil and Gas UK, 2010 Decommissioning Insight Ibid IAS 37, http://ec.europa.eu/internal_market/accounting/docs/consolidated/ias37_en.pdf
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6. SKILLS SHORTAGES
Resourcing particularly of technical skills is a key challenge facing the industry. This has been well documented and the oil and gas industry is in general having to deal with resource shortages.
In a 2010 survey at Marshs National Oil Companies conference (see graphic below) recruitment and retention of qualified workforce was the second highest concern of respondents. There are two facets to this issue: In developed economies there is a reduced pool of technical graduates / experienced personnel In emerging oil and gas hubs there is limited experience in the local talent pool. As such there is a demographic move from some of the more established geographies to new developed economies offering greater rewards. The dearth of skilled expertise has been attributed to the following reasons: Cutbacks of the oil industry graduate programmes in the1990s An ageing workforce in developed economies and IOCs An increased but sometimes unmet demand for technical skilled resource, in line with the industrys push to extract resource from increasingly remote and harsh environments for example there is understood to be a serious lack of sub-sea expertise throughout the industry This risk is pervasive to all projects and operations and reduces the capacity to exploit opportunities. Resources are also a key differentiator in determining competitiveness, particularly in delivering on the technical challenges moving forward.
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The Importance of the Middle East and North Africa in Providing Energy, R. Takieddine, Al Arabiya News
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Given that an investment has already been made, the instability and uncertainty directly impacts on the ability of oil and gas companies to continue operations from a variety of perspectives: Political risk impacts on the ability to continue operations from a safety and security of personnel and assets protection perspective. Regime unpredictability increases the credit risk of key suppliers and customers in the region. Country risk impacts on future opportunities as regime instability adds a risk premium to investment assessments and makes it more difficult to secure project financing. Downstream activities in the value chain are dependent upon a predictable upstream supply of oil and gas interruption to supply is heightened when downstream activities are dependent on crude from politically volatile countries. Recent events in North Africa, Russia, Venezuela, Nigeria and Iran all serve to re-emphasise the potential impact on existing operations.
At the most basic level, having a well defined (and tested) contingency / crisis management plan that can be executed in the event of a political risk incident, should provide a degree of assurance regarding resiliency. Key Risk Indicators (KRI) can provide businesses with metrics for assessing emerging risks and allow for the measurement of waxing and waning exposures. Leading KRIs can, for example, allow alert levels to be raised to the board regarding operations in a specific territory (or region) and if aligned to a risk management framework, provide important foresight in changes to business conditions. There are a variety of qualitative and quantitative techniques for identifying and evaluating risk exposures and these should be applied judiciously and appropriately to understanding the risks associated with expanding into, and maintaining a presence in, certain jurisdictions. A country risk assessment exercise should address external and internal variables with detail sufficient to provide assurance on the risk / reward profile associated with doing business in a certain territory. This should include other emerging risk issues such as the rule of law, human rights and business ethics. At the more complex end of the risk management spectrum government lobbying (both local and international) can influence to an extent the likelihood and impact of any political or emerging economy risk.
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It is useful to regard ERM as an approach that evolves and becomes increasingly sophisticated with continuous improvement. In this way expertise in risk assessment builds and develops over time, allowing an organisation to sustain progress in its risk management capabilities. The table below is a maturity model developed by Marsh that allows organisations to develop their risk capabilities in a pragmatic and measured way. On the y-axis are six criteria necessary to develop leading practice ERM, with five maturity levels on the x-axis.
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CONCLUSIONS
A BETTER WAY TO TREAT RISK
It can be seen from the examples above that risk issues are extremely diverse in nature and potential impact, even before we consider ripple effects. Silos of risk (e.g. a new refinery, an exploration well) may be easily given to description and evaluation, especially if the parameters of analysis are informed by accessible data (such as an investment or replacement value) or data that can be readily modelled (such as an Estimated Maximum Loss). Tellingly, our ability to articulate the nature of risk and plan for wider consequences may break down when we try to envisage knock-on effects. It seems that the further away from the initial event we go, in time and effect, the more abstract our conceptualisation of risk must become, making it very much more difficult to model impacts and devise response plans. In part, this is because of the way that many companies manage risk, and in fact we all too often see corporate risk management structures that mirror perceived silos of risk (e.g. treasury risk, operating risk, legal risk, hazard risk) thus exacerbating the silo effect. We believe that the future of enlightened risk management lies in an increasingly holistic approach, so that above the silo level, risks are assessed for wider, more company-wide impacts. This approach is often called ERM, which although regarded as best practice, has in some respects struggled for necessary recognition and adoption. An effective ERM process helps to illuminate and model the wider risk impacts emanating from a single event or indeed a cluster of events. In such a dynamic environment, large and complex enterprises will always struggle to identify all risk permutations. Therefore, successful ERM extends also to arming a company with the ability to mount superb responses in the face of unforeseen risk impacts. It is this very excellence in the face of the unpredicted that helps mark such companies out as elite organisations.
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The information contained herein is based on sources we believe reliable and should be understood to be general risk management and insurance information only. The information is not intended to be taken as advice with respect to any individual situation and cannot be relied upon as such. Statements concerning legal, tax or accounting matters should be understood to be general observations based solely on our experience as insurance brokers and risk consultants and should not be relied upon as legal, tax or accounting advice, which we are not authorised to provide. In the United Kingdom, Marsh Ltd. is authorised and regulated by the Financial Services Authority for insurance mediation activities only. Copyright 2012 Marsh Ltd All rights reserved