Monday, May 16, 2005

The Battle For Awards Moves To Sao Tome's Parliament

With the second-to-last step in the Nigeria-DRSTP block awards completed, the focus now turns to Sao Tome and Principe's fractious Parliament, where a group of politicians more concerned with their political futures than their nation's financial health prepare a last-ditch effort to stop the awards.

The outcome of the debate scheduled for Monday on the floor of the Parliament may not be known tomorrow; it is anticipated that the naysayers will try to blocks the awards for as long as possible, and therefore would want to block any vote, much as the filibuster technique sometimes blocks votes in the U.S. Senate floor, for at least several days.

Notably, Parliament was not mentioned on the list of three separate bodies which President de Menezes said on May 5 must achieve unanimity in order for the awards to go ahead, unless Parliament reconstitutes itself (as sometimes happens) as the National Petroleum Agency for the purpose of passing on awards. On this point, he used the following phraseology in the Portuguese-language story published by Lusa on May 6:

Fradique de Menezes explicou ainda que as decisões para a adjudicação de blocos são tomadas por unanimidade em parceria com as instâncias petrolíferas do país: o conselho nacional de petróleo, a agência nacional de petróleo e a parte são-tomense pertencente a autoridade conjunta de exploração São Tomé e Príncipe - Nigéria.

A translation of that would be something like, "President Fradique de Menezes explained that the decisions on the adjudication of the blocks needed unanimity from the three oil authorities of the country: the National Petroleum Council, the National Petroleum Agency and the Sao Tome part of the Nigeria-Sao Tome and Principe Joint Development Authority."

We know virtually nothing of the Sao Tome parliament's predilections, other than that they rebuffed an attempt to curtail the rights of ERHC Energy last Summer, and that it is controlled by the two-party coalition known as MLSTP/PSD that elected Prime Minister Vaz de Aleida.

President Fradique de Menezes' own two-party coalition, MDFM/PL, won the presidency in national elections which are due again next year, and much of the posturing on either side of this issue is related to that election and one of its leading candidates, Patrice Trovoada, the son of former President Miguel Trovoada who signed the "disastrous accords" guaranteeing ERHC its prefential option rights on February 21, 2001.

Unfortunately, there is very little coverage of Sao Tome's parliament in any venue, including the nation's major press organs, the Nigerian press, Reuters, Dow Jones or even Lusa, the Portuguese news agency that does carry several stories a week on Sao Tome. It may be hard for investors here in the United States to get any reliable word of the events there until several days have passed.

That said, it is worth noting that the President has taken some extraordinary steps to appease the apparent anger in Parliament that has developed over the role of his Joint Ministerial Council negotiator, Mateus Meira Rita, as a shareholder and apparent former executive or advisor to ERHC Energy while negotiating the block awards. The President accepted Rita's resignation from the JMC, saying it "obviously" violated the country's 2004 "transparency" law, while retaining him in his presidential cabinet.

President de Menezes himself has also been accused of being an ERHC shareholder, but appears to have denied it, yet has taken the step of removing himself from the chairmanship of the National Petroleum Council. Finally, he fired his special counselor on oil, Patrice Trovvoada, who was said to hold stock in a rival bidder that did not win anything in the block awards.

Whatver one might wish to say, it is clear that Monday will be a day of great challenge for President de Menezes, for ERHC shareholders and for the Nigeria-DRSTP Joint Development Authority, which promised awards last week to ERHC Energy but has been unable to deliver. All of them have to await the deliberations of Parliament with bated breath.

Indeed, while the de facto approval of the awards by the National Petroleum Cuncil seemed like a great basis for exuberance on Saturday, as we go to press Sunday night the mood is once again dampened by the prospect of yet more days of fierce political infighting whose outcome, regrettably, can only be described as "unknown."

If we pass that hurdle, the final step remains: President Fradique de Menezes affixing his signature to the awards document, and sending it back to Abuja for the awards announcement by the JDA.

16 comments:

Anonymous said...

Joe,
How do you know the parliment is meeting tomorrow? Did someone call you, or did you see it in some media? And why do you believe they are going to block it? In your previous story you mentioned how tough it is to get news out of STP.
RR

...Joe Shea said...

We receieved a Comment concerning it that is published under an earlier post. The report is consistent with De Menezes' statement May 6 that the National Petroleum Council and National Petroleum Agency must agree on awards, and apparently Parliament or some committee of it is the National Petroleum Agency, so they would have to meet. Do you have information you can contribute?

Anonymous said...

No, Joe I don't unfortunately. Just frustration like everyone else. Thanks for your updates.
RR

Anonymous said...

Portugal´s Lusa and STP´online Vitrina carrying nothing on any possible parliamentary action today on blocks awards.

Vitrina wakes up from the weekend angrily headlining that patients without the equivalent of USD 30 are being put on hospital waiting lists, rather than on operating tables at Sao Tome central hospital.

Bests,

...Joe Shea said...

Apparently, De Menezes doesn't feel he can bypass the National Petroleum Agencym and I think the NPA is actually a committee or the whole of the Parliament. If he said he needs unanimity from these agencies, then he probably has to go through this. But it didn't take long for the Parliament to cut off talk about taking away ERHC's rights last Summer, and I can't see that an awful lot has changed since then. Maybe Sam Dimka will give us some insight later today.

...Joe Shea said...

As I noted in the previous post, there are no article todday in the whole of the Nigeran and San Tomean press about the JDA awards. Maybe they're a figment of our collective imagination, like SwingingK's updates.

Anonymous said...

Joe,
What did you base the SwingingK info on? I keep asking him why you'd think that but he won't talk about it
-Ken

Anonymous said...

Joe you seem to contradict yourself. You say in an earlier update that media outlets such as Upstream etc have pulled their reporters from this story because time and time again there have been promises of awards and deadlines which never come.

But then you chastise swinging k for his updates. Wouldnt it be safe to assume that swinging k's sources have fallen victim to the same promises that the rest of the media have?

So why jump all over swinging k. Its not his fault things are constantly changing and promises of dates are constantly broken.

Anonymous said...

I would have to believe that it has gotten to the point where serious damage is being done to both EEZ's.

What company will want to waste the time and the resources to deal with these countries (particularly Sao Tome) when they have allowed this process to become such a circus?

I am surprised that the two governments done understand this.

Anonymous said...

Is Exxon the behind-the-scene master of STP puppets?

Anonymous said...

I dont know but I know the Exxon person I talked to three months ago described the situation as a "mess".

Im sure some of that was just frustration on their part about not getting their way. But some of it has some validity.

Awards were supposed to be December 31st. Its now Mid May.

Anonymous said...

It is STP that erred in this process. Why should others be sacrificed and punished? Would you please let STeans know that others will not tolerate it? TIA.

sumeroil

Anonymous said...

Is no one else hearing that Sao Tome's oil minister has resigned in protest at the oil commission's conclusions?

Anonymous said...

This chaotic situation is happening because the process was flawed from day one. If ERHC did not act so greedily in this deal there would be alot less problems now. They should have offered to take less of a percentage of the JDZ or give up its rights of the EEZ. The STP people would feel less taken advantage of now, and the process would be moving right along. No one will force the STP people to move this forward until they are ready, even if their reputation is harmed in the process. But, I don't think it will be harmed. There will always be companies, US or other, willing to do business there given the demand for more hydro-carbons.

Anonymous said...

The 10AM poster is convinced ERHC acted greedily and that there will always be companies willing to do business with Sao Tome no matter how they behave.

The first point is arguable, since ERHC did pony up $5 million to do the initial seismic studies to confirm presence of potential oil pockets. In exchange, they were to get 49% control of the national oil company which would develop that. Those rights have since been watered down on two occasions, so ERHC has already had reduced rights. I can understand why Sao Tome would want to not honor the agreement, but continuing to try to get out of agreements to work a better deal is not the way to inspire confidence from future potential oil exporation partners.

So the second point is completely wrong. There may be oil, but there are plenty of potential oil reserves, and the majority of them do not require dealing with STP. So if STP establishes itself as a bad place to do business, companies will walk away or bid much, much smaller amounts. So, STP has more to lose than ERHC in this round.

SeedMoney

Anonymous said...

10:27 poster. I agree that STP should go ahead and complete round 2 as it has already been delayed, and they still have a chance to get it right, or at least with less complications and hopefully less underhandedness, next time for the EEZ.

But, I think they will complete the process this week.