ALMATY, APRIL 4 2016 (The Conway Bulletin) — The Kazakh government has filed a $1.6b fine against the consortium that operates the Karachaganak gas condensate field in northern Kazakhstan, Russian energy company Lukoil said, sparking fears about corporate governance and contract sanctity.
If the fine was enforced it would be, by far, the largest-ever penalty imposed on an energy consortium in Kazakhstan
Lukoil said that the lawsuit concerned changes to the profit scheme of Karachaganak’s production sharing agreement contract.
“Lukoil is involved, along with other Karachaganak consortium members, in a dispute with the Republic of Kazakhstan regarding the calculation of both cost recovery and an equity index in accordance with the Karachaganak production sharing agreement. The share of the total fine Lukoil will have to pay is $214m (15.6b roubles),” the company said in a statement.
Essentially, the fine focuses on when exactly the partners at Karachaganak have earned back their initial investments and how the equity stakes are divided. Once Karachaganak has paid back the initial start-up investment it shifts onto a higher tax regime. The Kazakh government wants this to happen soon, especially as it is trying to battle its way through a sharp economic downturn.
None of the other consortium members have commented. They are Eni (29.25% stake), Shell (29.25% through BG), Chevron (18%), Lukoil (13.5%) and state-owned Kazmunaigas (10%).
Analysts say the fine was consist- ent with the government’s practice of pressuring business ventures.
“Kazakhstan’s government has repeatedly tried to exert pressure on and expand its presence in Karachaganak, which is a profitable project. This fine is in line with the government’s strategy of increasing state shares in profitable projects,” said Nygmet Ibadildin, professor of energy policy at KIMEP University.
In 2012, Kazmunaigas bought its 10% stake in Karachaganak for an undisclosed amount. Shortly after this deal, Kazakhstan dropped a two year long $1.2b tax-back claim against the consortium. Many analysts linked the two issues.
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(News report from Issue No. 275, published on April 8 2016)