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  • Oil Regulation in 32 jurisdictions worldwide

    Contributing editor: Bob Palmer

    2011 Published by

    Getting the Deal Through in association with:

    Adly Bellagha & Associates


    Al Busaidy, Mansoor Jamal & Co

    Baker & McKenzie – CIS, Limited


    Blake, Cassels & Graydon LLP

    Borgia & Co

    Bowman Gilfillan Attorneys

    Chandler and Thong-ek Law Offices Limited

    CMS Adonnino Ascoli & Cavasola Scamoni

    CMS Bureau Francis Lefebvre Algeria

    CMS Cameron McKenna

    Couto, Graça and Associates

    Hoet Pelaez Castillo & Duque Abogados

    Kimathi & Kimathi, Corporate Attorneys

    Kusaasira & Co Advocates

    Martelli Abogados

    Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados

    Moreno Baldivieso Estudio de Abogados

    Novoa & Araya Abogados

    Peña Mancero Abogados

    Pillsbury Winthrop Shaw Pittman LLP

    Rex Attorneys


    Sołtysiński Kawecki & Szlęzak

    Thompson & Knight LLP


  • Algeria Samir Sayah CMS Bureau Francis Lefebvre Algeria 3

    Argentina Hugo C Martelli Martelli Abogados 8

    Azerbaijan Aykhan Asadov and Mahmud Yusifli Baker & McKenzie – CIS, Limited 14

    Bolivia Luis Moreno Gutiérrez Moreno Baldivieso Estudio de Abogados 19

    Brazil Giovani Loss Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados 24

    Canada Dufferin Harper and Julia Hughes Blake, Cassels & Graydon LLP 30

    Chile Álvaro Araya and Matías Novoa M Novoa & Araya Abogados 37

    Colombia Gabriela Mancero and Milton Montoya Peña Mancero Abogados 44

    Denmark Per Hemmer, Johan Weihe and Rania Kassis Bech-Bruun 50

    Faroe Islands Per Hemmer, Johan Weihe and Rania Kassis Bech-Bruun 56

    France Denis Borgia Borgia & Co 62

    Ghana Kimathi Kuenyehia, Sr and Ernest Kusi Kimathi & Kimathi, Corporate Attorneys 66

    Greenland Per Hemmer, Johan Weihe and Rania Kassis Bech-Bruun 73

    Iraq Bob Palmer and Hussain Kubba CMS Cameron McKenna 80

    Italy Pietro Cavasola and Matteo Ciminelli CMS Adonnino Ascoli & Cavasola Scamoni 86

    Kazakhstan Azamat Kuatbekov and Nurgul Abdreyeva Baker & McKenzie – CIS, Limited 93

    Malaysia Faizah Jamaludin Skrine 98

    Mexico Gabriel Ruiz Rocha Thompson & Knight LLP 104

    Mozambique Pedro Couto and Taciana Peão Lopes Couto, Graça and Associates 110

    Nigeria Soji Awogbade, Sina Sipasi and Gloria Iroegbunam ǼLEX 115

    Oman Rory Gilchrist Al Busaidy, Mansoor Jamal & Co 120

    Poland Krzysztof Cichocki and Tomasz Młodawski Sołtysiński Kawecki & Szlęzak 125

    Russia Alexey Frolov and Alexander Gomonov Baker & McKenzie – CIS, Limited 132

    South Africa Megan Rodgers and Barrisford Petersen Bowman Gilfillan Attorneys 136

    Tanzania Alex T Nguluma Rex Attorneys 143

    Thailand Albert T Chandler and Stefan Chapman Chandler and Thong-ek Law Offices Limited 148

    Tunisia Adly Bellagha Adly Bellagha & Associates 153

    Uganda Denis Kusaasira and Henry A Kaliisa Kusaasira & Co Advocates 157

    Ukraine Svitlana Romanova and Taras Aleshko Baker & McKenzie – CIS, Limited 163

    United Kingdom Bob Palmer and Matthew Culver CMS Cameron McKenna 170

    United States Robert A James, Joseph H Fagan and Stella Pulman Pillsbury Winthrop Shaw Pittman LLP 178

    Venezuela Miguel Rivero and Patrick Petzall Hoet Pelaez Castillo & Duque Abogados 187

    Oil Regulation 2011

    Contributing editor: Bob Palmer CMS Cameron McKenna

    Business development managers Alan Lee George Ingledew Robyn Hetherington Dan White

    Marketing managers Ellie Notley Sarah Walsh Alice Hazard

    Marketing assistants William Bentley Sarah Savage

    Subscriptions manager Nadine Radcliffe [email protected] gettingthedealthrough.com

    Assistant editor Adam Myers Editorial assistant Lydia Gerges

    Senior production editor Jonathan Cowie Chief subeditor Jonathan Allen Subeditors Caroline Rawson Davet Hyland

    Editor-in-chief Callum Campbell Publisher Richard Davey

    Oil Regulation 2011 Published by Law Business Research Ltd 87 Lancaster Road London, W11 1QQ, UK Tel: +44 20 7908 1188 Fax: +44 20 7229 6910 © Law Business Research Ltd 2011

    No photocopying: copyright licences do not apply.

    ISSN 1744-0939

    The information provided in this publication is general and may not apply in a specific situation. Legal advice should always be sought before taking any legal action based on the information provided. This information is not intended to create, nor does receipt of it constitute, a lawyer–client relationship. The publishers and authors accept no responsibility for any acts or omissions contained herein. Although the information provided is accurate as of June 2011, be advised that this is a developing area.

    Printed and distributed by Encompass Print Solutions Tel: 0844 2480 112

    Law Business Research



  • UNITED STATES Pillsbury Winthrop Shaw Pittman LLP

    178 Getting the Deal Through – Oil Regulation 2011

    United States Robert A James, Joseph H Fagan and Stella Pulman*

    Pillsbury Winthrop Shaw Pittman LLP


    1 Describe, in general terms, the key commercial aspects of the oil sector in your country.

    The US oil industry is divided into three sectors: upstream (explora- tion and production), midstream (processing, storage and transporta- tion) and downstream (refining, distribution and marketing).

    Industry participants are categorised as ‘supermajors’, ‘majors’ and ‘independents’. ‘Supermajors’ are the handful of very large com- panies integrated across all sectors that account for most of the US oil industry revenues. US-based supermajors include ExxonMobil, Chevron and ConocoPhillips, whereas the overseas-based superma- jors, BP and Shell, have substantial US operations. Smaller-scale inte- grated firms include Marathon, Hess and Murphy Oil.

    A larger number of companies specialise in particular sectors. The ‘independents’ engage predominantly in upstream activities and include Occidental, Devon, Anadarko and Apache. Midstream specialists include El Paso and Kinder Morgan. Refining and marketing operations are conducted by Valero, Sunoco, Tesoro and Western. The industry is supported by oil service companies led by Schlumberger, Halliburton and Baker Hughes, and by a variety of trade associations including the American Petroleum Institute (API).

    US subsidiaries of national oil companies owned or controlled by foreign governments (NOCs) are important participants in the US oil industry. For example, Venezuelan-based Petróleos de Venezuela SA (PDVSA) owns Citgo, which supplies gasoline to 6,000 retail outlets and owns interests in three refineries in the US.

    2 What percentage of your country’s energy needs is covered, directly or indirectly, by oil as opposed to gas, electricity, nuclear or non-

    conventional sources? What percentage of the petroleum product

    needs of your country is supplied with domestic production? What are

    your country’s energy demand and supply trends, especially as they

    affect crude oil usage?

    In 2009, oil provided an estimated 37 per cent of total US energy needs, along with coal (21 per cent), natural gas (25 per cent), nuclear (9 per cent) and renewables (8 per cent). 72 per cent of oil consumption occurred in the transport sector, primarily in the form of gasoline. The industrial sector consumed another 23 per cent for heating, diesel engines and as petrochemical feedstock. Only 1 per cent of US power generation is fuelled by oil.

    In 2009, the US consumed 18.8 million barrels per day (bbl/d) of petroleum products. The domestic production of the US repre- sents approximately 49 per cent of the total petroleum it consumes. Canada, Mexico, Nigeria, Saudi Arabia and Venezuela collectively provided 66 per cent of US net imports.

    The Energy Information Administration (EIA) projects US liquid fuels and other petroleum consumption to increase by 0.5 per cent annually until 2035. US crude oil production peaked in 1970 and

    has declined 45 per cent since. Domestic production is nonetheless projected to increase until 2035 as rising world oil prices spur both onshore and offshore drilling.

    Although US energy consumption is projected to continue to increase over the next 25 years, crude oil as a share of overall energy is projected by the EIA to decrease as a result of federal and state renewable energy programmes and the rising cost of fossil fuels.

    ‘Proved reserves’ are estimates of the amount of oil that is reason- ably certain to be recoverable from known reservoirs under current economic and operating conditions. According to the CIA World Factbook, the US ranked fourteenth among nations in proved oil reserves. The EIA estimated US proved reserves at 20.7 billion bar- rels at the end of 2009. US proved reserves peaked in 1970 and have since declined by 47 per cent. About one-fifth of proved reserves are located offshore.

    In 2009, the Securities and Exchange Commission (SEC) changed its reporting guidelines for public companies to permit companies to report probable and possible reserves, as well as proved reserves.

    3 Does your country have an overarching policy regarding oil-related activities or a general energy policy?

    There is no single source of law that