Dear Editor,
President Ali has once again invoked the term “Sanctity of Contract” as the main reason for his government’s decision not to renegotiate the Exxon-Guyana Production Sharing Agreement, signed in 2016[1] by the previous PNC government.
Articulating reasons for Re-N; Adopting a policy of a firm “No” to Re-N; Defending the PSA as a Fair Contract. These are three different and distinct policy positions. President Ali has choices, other than defending the PSA as a fair contract. [Officially Ali says his hands are tied by the “Sanctity” principle; unofficially his govt. is defending the PSA as a Fair Contract].
The current PSA provides for: 75% of revenues go to Cost Recovery; remaining 25% is split evenly between Oil Companies and Govt. of Guyana. I have two questions for President Ali. If the PSA had been a little different – – 90% for Cost Recovery and 10% to be split between OCs and GoG, would President Ali still invoke the term “Sanctity of Contract”?
Second question: The Guyanese people have learned recently (actually President Ali announced it[2]) that Capex of $55 billion have been fully recovered. We have assumed that from here-on out into the future or until the Stabroek block’s reserve is depleted, Guyana’s share will be 39.8% of revenues (or 39.8 barrels out of every 100). For whatever reason, if Exxon moves to reduce Guyana’s share to below 39.8%, would President Ali still invoke the term “Sanctity of Contract” as his reason for doing nothing, assuming he will do nothing?
Note: (1) I am assuming Capex (Capital Outlays) and Operating Expenses are kept separately, not commingled; (2) If Capex for the first seven wells are paid out, then this is in effect Ring Fencing, except it is Ring Fencing applied to 7-wells. The OGGN group has been advocating for each project to be Ring Fenced.[3] (Credit to Dr. Vincent Adams[4] for Note #2).
Would President Ali or Minister Bharat’s Energy dept. offer some clarification to Notes #1 and #2 – by issuing a press release? Thank you.