Mexico Energy: Positive Reforms
President Peña Nieto's
proposed energy reform is a big step in the right direction, although
incomplete, experts say.
BY ENERGY ADVISOR
Inter-American Dialogue
Mexican President Enrique
Peña Nieto on Aug. 12 presented his highly anticipated plan to overhaul the
country's energy sector and break the state's monopoly on oil and gas
production and electricity generation. His reforms, though not as extensive as
those proposed by the National Action Party, will likely be approved by
Congress, analysts say. What are the key elements of Peña Nieto's proposed
energy reforms? Will they have the desired effect on Mexico's energy sector and
economy overall? How should international companies and investors interpret the
proposed reforms?
Maria
Jose Hernandez Medina-Mora, associate at the Eurasia Group's Latin America
Practice: President
Enrique Peña Nieto's proposal is a significant step to open up the energy
sector in Mexico. While not as liberal as the one presented by the National
Action Party (PAN), the two proposals taken together offer a political path for
changing the Mexican Constitution in ways that will allow private investment in
the sector—a policy revolution unthinkable even a few years ago. Peña Nieto's
proposal includes constitutional amendments to articles 27 and 28 of the
Constitution. He aims to remove the ban on contracts in the hydrocarbons
sector, but still prohibit concessions. Moreover, he seeks to remove
electricity and hydrocarbons from the list of strategic sectors, allowing
private investment in related activities. Interestingly, markets last week
skeptically focused on the fact that uncertainty remains. But while investors
should not lose sight that negotiations will prove difficult, the risks are
actually less than meet the eye. The government will only be able to secure
approval with support from the PAN. And the PAN is unlikely to advance energy
reform negotiations unless political reform moves forward. However, Peña Nieto
is likely to cede ground on this front—he can't afford to see energy reform to
fail. Ultimately, the reform's impact will depend on the contract details such
as tax regime, booking of reserves and other technical details, which will
emerge in secondary legislation once the constitutional changes are approved.
But both the government and the PAN realize that an attractive contract scheme
is necessary for the reform's success.
Andrés
Rozental, president of Rozental & Asociados in Mexico City and senior
fellow at the Brookings Institution: President Peña Nieto's proposed energy
reform is a big step in the right direction, but unfortunately an incomplete
one. There are two key missing elements: 1) excluding a regime of concessions
to private sector investors, both Mexican and foreign, who would like to
participate in future hydrocarbon exploration and exploitation in deep water
reserves and shale; and 2) not having explicitly allowed private-sector
companies to book any reserves they find. Including both of these options would
have made the proposal much more acceptable to major new investors. That said,
the proposal still marks a sea change from the existing exclusionary regime.
There are still many details to be worked out and publicized, many of which
will be discussed when Congress takes up the reform package starting next
month. Allowing profit sharing and giving the state oil company, Pemex, an
early advantage through a 'zero round' should satisfy most, but not all, of the
reform's strongest critics from the left. These will oppose any change to the
current state of affairs, no matter how minor or major, so the government
rightly decided to make this a 'transformational' effort, opening the door to
further changes in the future. There are also important changes planned to the
way Pemex operates and is managed, which should allow the company to compete on
a more even footing with private-sector players, some of whom may choose to
associate with the state-owned company rather than strike out on their own. It
remains to be seen how many changes the draft legislation undergoes as it wends
its way through both houses of Congress. However, it appears likely that a
PRI-PAN coalition has the necessary votes to pass the constitutional changes,
and that would be a major victory indeed for Peña Nieto and his government.
Jeremy
Martin, director of the energy program at the Institute of the Americas: The Aug. 12 energy reform
unveiling by the Peña Nieto administration was quite a moment. Indeed, the
majestic Palacio de Bellas Artes in Mexico City might have been a more
appropriate site for the performance. The government's roll out was draped in
history invoking the hallowed name of President Lázaro Cárdenas, but also
starred the economy and a strong pocketbook argument. The administration
emphasized the reform's economic importance and its potential to ignite
activity, from a 1 percent boost to GDP and creation of half a million jobs to
the populist promise of reduced power and natural gas prices during the Peña
Nieto sexenio. Beyond economic issues, there are two additional key elements:
The constitutional amendments and legislation that will allow for increased
private participation in the oil and gas and power sectors. The amendments are
critical to developing a new contractual framework for upstream activity, and
the possible contract modality has provoked furious debate. Will the proposed
profit-sharing contracts be sufficient to lure significant private investment,
particularly in the costly and challenging deepwater and shale plays? Assuming
the Constitution is amended, the finalization of secondary laws, as well as how
Mexico develops and manages private sector bidding, will go a long way to
determining companies' interest. But Mexico should garner substantial
investment by companies from across the globe, many of who have been toiling on
the margins for years in anticipation of a real opportunity to bring to bear
their technical and financial capabilities to unleash the country's energy
potential. But whether those investments will deliver the economic benefits set
forth in the reform proposal—before the end of the Peña Nieto term—is not
entirely clear.
George
Baker, president of Baker & Associates and publisher of Mexico Energy
Intelligence: Both
the PRI and the PAN propose measures to allow some degree of market forces in
the oil-and-gas and electric sectors. On both, the extent of the commercial
privileges remains to be seen. Attention is being given to the oil side, where
the government is proposing a form of 'profit-sharing' arrangement. A
distinction is made between 'cost oil' and 'profit oil.' The idea is that an
international oil company (IOC) is to recover its investment by receiving a
share of production (cost oil) and the company is also entitled to a profit in
compensation for the risks incurred (profit oil). Peña Nieto hopes to attract
oil companies by splitting the profit oil in some negotiated manner, offering
the cash equivalent instead of the physical barrels. What's new is that it
links payment to market prices; what's 'old' is that the legal framework is to
be that which was in place in 1940, when Lázaro Cárdenas was president. On the
power side, an unexpected innovation is the proposal to create an Independent
System Operator which would bring public oversight and transparency to the
rules by which generation from public and private operators is transmitted.
This measure should reassure investors of fairness and lower the delivery price
of electric power from the present high levels. The list of desired effects is
long, so I will mention only those at the top of the upstream. One desired
effect is that the 30 billion barrels of oil equivalent in deepwater reservoirs
will be put into production by qualified companies under financially and
politically affordable terms. Another desired effect is that a government
agency other than Pemex take responsibility for administering contracts with
IOCs. The PAN urges the Hydrocarbons Commission to take on this role; the PRI
is less specific. A third desired effect is that as a side-effect of IOC
investment in the upstream, Pemex E&P goes international, either as a 100
percent state company, or (preferably) as a new, stock-bearing NOC with a
minority of its shares in a major exchange.
Jonathan
C. Hamilton, member of the Energy Advisor board and partner and head of
Latin American arbitration at White & Case LLP: President Peña Nieto will
join ministers, ambassadors and a cadre of Mexican and American CEOs for a
historic 'Shared Destiny' summit in Mexico City next month, spearheaded by the
U.S.-Mexico Foundation, which promotes bi-national partnerships and
philanthropy. It is a time for putting momentous change in the energy sector
into historical perspective. Latin America long has been marked by cycles of
nationalization and privatization, including the 'Washington Consensus' toward
the free market that emerged in the 1990s and the backlash in countries like
Venezuela and Bolivia over the past decade or so. For many decades, and
throughout two decades of the NAFTA era, the 1938 Mexican nationalization of
the oil and gas sector has persisted somewhat like a fly in amber, trapped in time
and immutable to change. In this context, the mere opening of the energy sector
trumps most any dispute over the details. Domestically, the potential for
change emerged from the unique Pacto Por México that has driven reforms
throughout the year. Economically, the government predicts a boost in
investment of $10 billion a year through 2025 and the creation of up to 2.5
million jobs in the same time period. Politically, the change may bring
significant social impact (including potentially on immigration), by creating
massive investment flows through the free market, rather than waiting on aid
that always seems insufficient. Critically, internationally, the move
represents a major opportunity for increased bi-national collaboration with the
United States, from private investment to philanthropy. It is indeed a shared
destiny, soon to be even more so.
Republished with permission from the Inter-American Dialogue's weekly Energy Advisor