On December 15, 2015, the National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos or, “CNH”) in a successful public bid for Mexico, awarded all of the 25 available blocks of License Agreements for the Production of Hydrocarbons in on-shore contract areas. A total of 41 formal bidders submitted effective proposals ...
Decree N° 50/2015, issued by the Ministry of Public Works, has been enacted. This act approves the Regulation that sets the technical conditions to be fulfilled during the design, construction and operation stages of hydraulic works, as defined in Article 294 of the Water Code.Through this Decree, the Ministry of Public Works has set the text for the Regulation of Large Public Hydraulic Works, which had been pending enactment since 1981 ...
If 2015 is considered to be the “Year to Amend and Extend,” then 2016 is setting up to be the “Year of Reckoning.” Last year began with high hopes for a reset to the oilfield activity levels of mid-2014, which did not materialize. Market conditions appeared to stabilize in the middle of 2015 at an activity level to support an oil price of $60 per barrel, but that stability did not last long since 2015 concluded with oil below $40 per barrel ...
On December 24, 2015 Mexico’s Energy Transition Act was published in the Federal Gazette. The Act’s purpose is to regulate: The sustainable use of energy,The obligations of power companies in the area of clean energies, andThe reductions of the polluting emissions of the electric power industry, ensuring the competitiveness of the productive sectors. To read the full alert, click here ...
On 23 January 2015, the Supreme Court delivered a judgment concerning the moderation of an invalid non-competition clause in a business transfer agreement. This judgment arose after the Ghent Court of Appeal had refused to moderate a non-competition obligation lasting for period of 17 years. In line with previous case law, the clause was declared absolutely null and void and the Ghent Court of Appeal ruled that the clause could not be mitigated in any way ...
As part of the implementation of the Mexican energy reform, the Mexican government has selected certain fields that will gradually be tendered to foreign and domestic companies for hydrocarbon exploration and production projects. Round One comprises 109 blocks for exploration and 60 blocks for production, and includes new areas of different sizes and types of resources, including: (i) deep-water; (ii) shallow-water; and (iii) on-shore fields ...
Even in a difficult commodity price environment, acquisition transactions can produce lucrative opportunities for buyers of oil and gas interests and creditor relief for sellers. One type of transaction in particular provides an opportunity for distressed sellers not only to avoid bankruptcy, but also eliminate the greatest amount of debt possible that is secured by its oil and gas properties ...
Cuba’s stated goal of attracting billions of dollars in foreign investment combined with the United States’ effort to re-establish diplomatic ties with Cuba have sparked intensified interest amongst potential investors seeking to enter the Cuban market.As with any emerging market, potential investors must balance the potential risks faced in doing business with the potential return on their investment ...
Dozens of North American oil and gas producers have commenced Chapter 11 bankruptcy cases this year, including most recently, Escalara Resources Co., RAAM Global Energy Company, Miller Energy Resources, Inc., and Parallel Energy LP ...
As we continue our series of articles relating to distressed commodity prices in the oil and gas market, we expound on the option to monetize assets that are not included in the calculation of your borrowing base. This topic was briefly discussed in our article, “A Dozen Ways to Stretch Your Borrowing Base.” Under reserve based loans (“RBLs”), producing reserves have always been what one may call the “belle of the ball ...
The Trans-Pacific Partnership, or TPP is a free-trade agreement among the members: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and the United States.On Nov. 5, the full text of the TPP trade agreement was released to the public for the first time. While, as reported, an agreement on the TPP was reached Oct. 5, each of the members must still enact it.An important component is the chapter on investments, which protects investors ...
The Trans-Pacific Partnership (“TPP”) is a free-trade agreement among Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and the United States (the “TPP Members”). While, as reported, an agreement on the TPP was reached on October 5, 2015, each of the TPP Members must still enact the TPP. On November 5, 2015, the full text of the TPP trade agreement was released to the public for the first time ...
Signing the transatlantic free-trade agreement could increase Europe’s energy security. The trick is how to compete with American companies that are already using cheaper energy and don’t have to comply with the same restrictions on CO2 emissions. The 10th round of negotiations of the Transatlantic Trade and Investment Partnership agreement, or TTIP as it is known, was held in Brussels in July 2015 ...
Quebec mining, oil and gas companies are heceforth subject to the imposing disclosure regime under theact respecting transparency measures in the mining, oil and gas industries(the "act"), which came into force last October 21. This statute echoes theExtractive Sector Transparency Measures Act(Canada),1which took effect on June 1, 2015, and follows a global trend to increase the transparency of mining, oil and gas exploration and development ...
The Interior Board of Land Appeals (“IBLA”) has issued its long awaited decision on an appeal by an offshore service contractor challenging the authority of the Bureau of Safety and Environmental Enforcement (“BSEE”) to issue a citation directly to the service company for a violation of federal offshore regulations. As the first formal opinion issued by any appellate body on the issue, the IBLA decision has widespread implications for the offshore services industry ...
As is commonly held by energy sector experts, the game-changing development of the shales and the resurgence of natural gas as a virtually new, huge, versatile, long-term fuel, with a shrinking environmental footprint, is based upon the synergistic deployment of several key technologies ...
Under Minister of Energy and Mineral Resources Regulation No. 23 of 2015 dated 31 July 2015 on the Delegation of Authority to Issue Oil and Gas Business License in the Framework of One-Stop Integrated Services to the Head of BKPM (“Regulation 23/2015”), the Minister of Energy and Mineral Resources has delegated its authority to issue oil and gas business licenses for capital investment to the Head of BKPM ...
The issue of decarbonisation of the economies of EU member states, and in particular Poland, generates a lot of heat. Decarbonising the economy was named as one of the EU’s five energy priorities in the Commission communication entitled “A Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy.” In European Union documents, decarbonisation means elimination of CO2 emissions because of their harmfulness to the environment ...
It is common knowledge that electricity is a main driver of the economy and a country’s electricity strategy will largely determine the long-term sustainability of an economy. The relationship between the Chinese economic miracle and the science behind the development of its electricity strategy is inseparable. Africa, as the centrepiece of development in the world, will require a practical strategy for electricity in order to guarantee the stable development of its economies ...
Under longstanding regulations governing its risk management program, Bureau of Ocean Energy Management (“BOEM”) may require an offshore oil and gas lessee or operator operating on the Outer Continental Shelf (“OCS”) to provide additional security, over and above standard security requirements, if BOEM determines that the security is necessary to ensure compliance with OCS lease obligations ...
In a decision involving claims of underground trespass and tortious interference, the San Antonio Court of Appeals held that a surface owner could grant permission to a third-party to drill through the mineral estate underlying the surface and that the lessee “has no right to exclude others from the earth surrounding the oil and gas hydrocarbons” on the lease. Lightning Oil Co. v. Anadarko E&P Onshore LLC, No. 04-14-00903-CV, 2015 WL 4933439, --- S.W.3d --- (Tex ...
As reported in the July 2015 IOGA News, on June 24, 2015, the West Virginia Department of Environmental Protection (“WVDEP”) filed a proposed legislative rule amending the Horizontal Well Development Rule, 35 C.S.R. 8 (the “Horizontal Well Rule”), which established a public comment deadline on July 27, 2015. Then on June 25, 2015, WVDEP filed three proposed legislative rules implementing the Aboveground Storage Tank Act, as amended, W. Va. Code § 22-30-1, et seq. (“AST Act”) ...
Argentina has thwarted debt security holders’ attempts to collect on their bond default judgments stemming from the nation’s 2001 economic collapse and subsequent repayment moratorium.EM Ltd. and NML Capital, Ltd ...
The federal securities laws require public companies to make and keep detailed and accurate “books, records, and accounts.” One might assume that a securities law relating to books and records covers materials used in the preparation of financial statements. But in practice, the U.S. Securities and Exchange Commission applies a much broader definition that seems to encompass every piece of paper and data in a company’s possession ...
