Rehabilitation and Expansion of Iran’s Oil Sector in the Post-Nuclear Deal Era: Programs, Problems and Uncertainties

Yıl 2016, Cilt: 21 Sayı: 3, 33 - 66, 01.01.2016

Sujata Ashwarya

Öz

In the post-nuclear deal scenario, Iran has reformulated the terms of the oil contract model, called the Iran Petroleum Contract IPC , to attract international investments and technology in field development. In addition, it has ramped up production and competitively priced its oil to Asia and Europe so as to recapture the market share lost during the sanctions period. Any further enhancement of production capacity, however, requires expansion of green fields and resuscitation of brown fields under the IPC. The success of this effort will depend upon Iran’s domestic political stability as much as the international environment, where sanctions are held in abeyance and oil prices continue to rise to a level that unlocks the investment capital of the big oil companies. Nonetheless, in a scenario of increasing global commitment to adopt green energy, whether oil companies would still want to make long-term investments in large hydrocarbon projects in general, remains an open question

Anahtar Kelimeler

Iranian Nuclear Deal, International Sanctions, Post-Sanctions Dynamics, Iranian Oil Sector, Foreign Investment Scenario, Iran Petroleum Contract, Changing Global Energy.

Kaynakça

• Kenneth Katzman, Iran Sanctions, CRS Report for Congress, 13 May 2013, p. 17.
• Ari Kattan (Updated by Usha Sahay), Fact Sheet: Iran Sanctions, The Centre for Arms Control and Non-Proliferation, 19 March, 2013, at http://armscontrolcenter.org/fact- sheet-iran-sanctions/ (last visited 24 November 2016).
• “EU Imposes Fresh Round of Sanctions on Iran”, European Union External Action, 23 January 2012, at http://eeas.europa.eu/top_stories/2012/230112_iran_en.htm (last visited 24 November 2016).
• Behrooz Esrafili-Dizaji and Farkhondeh K. Harchegani, “Persia Land of Black Gold”, Geoexpro, Vol. 8, No. 6 (2011), at http://www.geoexpro.com/articles/2012/04/persia- land-of-black-gold (last visited 7 September 2016).
• “Iran’s Oil Fields”, Iran Oil and Gas Network, undated, at http://iranoilgas.com/fields/oil (last visited 24 November 2016).
• Iran Energy Profile: Still OPEC’s Second-Largest Oil Producer – Analysis, Energy Information Administration, 22 November 2011, at http://eurasiareview.com/22112011- iran-energy-profile-still-opecs-second-largest-oil-producer-analysis/(last visited 7 September 2016).
• “Development Projects to Continue Despite $18 p/b Oil”, Petro Energy Information Network (SHANA, Tehran), 1 March 2016, at http://www.shana.ir/en/ newsagency/256100/Development-Projects-to-Continue-Despite-of-18-p-b-Oil (last visited 7 September 2016).
• “Iran Petroleum Contracts: Projects”, National Iranian Oil Company (NIOC), at http:// www.nioc.ir/ (last visited 7 September 2016).
• Iran Selects 49 Oil, Gas Projects Open for Foreign Investment”, Middle East Economic Survey, 8 May 2015, at https://mees.com/opec-history/2015/05/08/iran-selects-49-oil- gas-projects-open-for-foreign-investment/ (last visited 7 September 2016).
• Rania El Gamal, “Iran Aims for Oil, Gas Fields Tender in November”, Reuters, 17 October 2016; “NIOC Lists Pre-qualified Firms”, Offshore Engineer, 03 January 2017, at http://www.oedigital.com/component/k2/item/14298-nioc-lists-pre-qualified-firms (last visited 10 March 2017).
• Joel Parshall, “As Iran Ramps up Production, Industry Views Contract Terms”, Society of Petroleum Engineers, at http://www.spe.org/jpt/article/11785-middle-east-special- section/ (last visited 23 November 2016).
• Tamsin Carlisle, “Iran Sets up Fund to Finance Oil Ventures”, The National, 7 February 2010, at http://www.thenational.ae/business/energy/iran-sets-up-fund-to-finance-oil- ventures (last visited 8 September 2016).
• Syd Nejad, “IPC Bid Round: Prequalification”, NAFT Energy, at http://naft.ca/ipc-bid- round-prequalification/ (last visited 23 November 2016).
• “Iran, Iraq Rivalry Over Joint Fields Enters New Phase”, Mehr News Agency, 31 July 2016, at http://en.mehrnews.com/news/118513/Iran-Iraq-rivalry-over-joint-fields- enters-new-phase (last visited 23 November 2016); John Lee, “Iran to up Oil Output at Joint Iraq Fields”, Iraq-business news, 19 January 2016, at http://www.iraq-businessnews. com/2016/01/19/iran-to-up-oil-output-at-joint-iraq-fields/ (last visited 23 November 2016).
• Joseph A. Christoff, Firms Reported in Open Sources as Having Commercial Activity in Iran’s Oil, Gas, and Petrochemical Sectors, United States Government and Accountability Office, Washington DC, 23 March 2013, p. 7.
• “Return to Iran: Improved Terms to Stimulate IOC Interest”, BMI Investment, London, 22 May 2015, at http://www.bmiresearch.com/news-and-views/return-to-iran- improved-terms-to-stimulate-ioc-interest (last visited 24 November 2016).
• Article 153 of the Iranian Constitution prohibits the conclusion of agreements that would result in foreign control of natural resources, economic resources, military affairs, culture, as well as ‘other aspects of national life’. Hassan Hakimian, “Institutional change, policy challenges and macroeconomic performance, 1979-2004”, in Parvin Alizadeh and Hassan Hakimian (eds.), Iran and the Global Economy: Petro Populism, Islam and Eco- nomic Sanctions, Abingdon, Oxon: Routledge, 2014, p. 68.
• “Iran Short-Lists Joint Venture Players”, Kayhan International (Tehran), 24 June 2016, at http://kayhan.ir/en/news/28164/iran-shortlists-joint-venture-players (last visited 22 November 2016).
• “Country Analysis Brief: Iran”, US Energy Information Administration, 21 July 2014, at http://www.iranwatch.org/sites/default/files/us-doe-irananalysisbrief072114.pdf (last visited 24 November 2016).
• “The New Iranian Petroleum Contract- Government Approval”, Herbert Smith Freehills, London, Legal Briefings, 9 August 2016, at http://sites.herbertsmithfreehills.vuturevx. com/196/12078/landing-pages/the-new-iranian-petroleum-contract---government- approval.pdf#page=2 (last visited 24 November 2016).
• Joanna Addison and Mark Hartfull, “New Iranian Petroleum Contract Could Fix Buy- back Issues”, Law360, New York, 17 December 2015, at http://www.law360.com/ar- ticles/739323/new-iranian-petroleum-contract-could-fix-buyback-issues (last visited 8 September 2016).
• “Buyback Vs. New Iran Petroleum Contract, A Winning Model?” The Gulf Intelligence, 17 January 2016.
• “Iran: New Petroleum Sector Opportunities”, Norton Rose Fulbright, Canada, Legal up- date, March 2016, at http://www.nortonrosefulbright.com/files/iran-new-petroleum- sector-opportunities-137752.pdf (last visited 24 November 2016).
• Addison and Hatfull, “New Iranian Petroleum Contract”, 17 December 2015.
• “Iran to Prioritize Joint Fields Under IPC”, SHANA, 11 May 2015.
• The full title of the Law is, ‘Maximisation of Production and Service Capability in Satisfying the Country’s Needs and Strengthening its Capabilities for Exportation (2012).’ “Iran Petroleum Contract,” Energy Pioneers Limited, September 2016, at http:// www.energypioneersltd.com/products/iran-petroleum-contracts-ipcs (last visited 24 November 2016).
• “Iran paves the way towards finalising the IPC by approving the IPC by-law”, CMS Law-Now, 8 October 2016, at http://www.cms-lawnow.com/ealerts/2016/08/iran- paves-the-way-towards-finalising-the-ipc-by-approving-the-ipc-bylaw?sc_lang=en (last visited 24 November 2016).
• George Booth and Niazi Kabalan, “Iran- Oil & Gas Legal Issues”, Pinsent Masons, London, at http://www.pinsentmasons.com/PDF/2016/iran-oil-and-gas-issues.pdf (last visited 24 November 2016). 29 Ibid.
• Addison and Hatfull, “New Iranian Petroleum Contract”, 17 December 2015.
• Iurii Gulevatyi “Phantom Arbitral Institution: Lessons from Iran”, Kluwer Arbitration Blog, Wolters Kluwer, Netherlands, 26 October 2016, at http://kluwerarbitrationblog. com/2016/10/26/phantom-arbitral-institution-lessons-iran/ (last visited 24 November 2016).
• “Iran’s Council of Ministers ratifies IPC Terms”, Lexology, 4 August 2016, at http:// www.lexology.com/library/detail.aspx?g=dc4deff4-6197-4814-a64f-4fff206a6c76 (last visited 8 September 2016).
• Iran Approves IPC Terms”, Egypt Oil & Gas, 7 August 2016, at http://www.egyptoilgas. com/news/iran-approves-ipc-terms/ (last visited 8 September 2016).
• OPEC, Monthly Oil Market Report, 10 August 2016, at http://www.opec.org/opec_web/ en/publications/338.htm (last visited 30 November 2016); International Energy Agen- cy, Oil Market Report, 12 May 2016, https://www.iea.org/oilmarketreport/omrpublic/ (last visited 8 September 2016).
• Summer Said, “Global Oil Glut to Shrink Despite Iranian Output Surge, IEA Says”, The Wall Street Journal, 12 May 2016; “Iran Says Oil Exports Now at 2.5 mn bpd”, Iran Daily, 8 August 2016.
• “Iran Oil Exports Hold Near Five-Year, Pre-sanctions Level High: Source”, Reuters, 18 October 2016, at http://www.reuters.com/article/us-iran-oil-exports-idUSKC- N12I0KQ (last visited 1 December 2016).
• Tyler Durden, “Here are the Oil Market Disruptions that are Sending Oil Soaring”, Zero Hedge, 16 May 2016, at http://www.zerohedge.com/news/2016-05-16/here-are- oil-market-disruptions-are-sending-oil-soaring (last visited 8 September 2016).
• Unplanned Global Supply Disruptions Reach Highest Level since at Least 2011, US En- ergy Information Agency, 19 June 2016, at http://www.eia.gov/todayinenergy/detail. cfm?id=26592 (last visited 8 September 2016).
• Aaron Sheldrick and Osamu Tsukimori, “Iran’s May Oil Exports Set to Surge Nearly 60 Percent from A Year Ago- Source”, Reuters, 18 May 2016, at http://www.reuters.com/ article/us-iran-oil-exports-idUSKCN0Y90N1 (last visited 8 September 2016).
• Osamu Tsukimori, “Asia’s July Iran oil imports rise 61 pct from a year ago”, Reuters, 31 August 2016, http://uk.reuters.com/article/asia-iran-crude-idUKL3N1BB1W8 (last visited 8 September 2016).
• Osamu Tsukimori, “Asia’s October imports of Iranian oil more than double from year ago”, Reuters, 30 November 2016, at http://in.reuters.com/article/asia-iran-crude-idIN- KBN13P0F4 (last visited 30 November 2016).
• Sheldrick and Tsukimori, “Iran’s May oil”; “China’s oil imports from Iran up 19.5%”, Press TV, 21 June 2016, at http://www.presstv.com/Detail/2016/06/21/471506/Chinas- oil-imports-from-Iran-up-195 (last visited 8 September 2016).
• Tsukimori, “Asia’s July Iran oil”.
• Tsukimori, “Asia’s October imports”.
• “China Sets Sight on 50% of Iran’s Oil Exports”, Tasneem News Agency, Tehran, 16 May 2016, at http://www.tasnimnews.com/en/news/2016/05/16/1076612/china-sets-sight- on-50-of-iran-s-oil-exports (last visited 8 September 2016).
• Nidhi Verma, “India’s Iran Oil Imports Set to Surge to 7-year High in 2016/17 – Sources”, Reuters, 4 April 2016, at http://in.reuters.com/article/india-iran-oil-imports- idIKCN0X117R (last visited 8 September 2016).
• Tsukimori, “Asia’s July Iran oil imports”.
• Tom O’Connor, “Oil Prices 2016: Iran Beats Saudi Arabia In India Petroleum Supply as OPEC Considers Production Cuts”, International Business Times, 17 November 2016.
• Tsukimori, “Asia’s October Imports”.
• US Companies such as Exxon Mobil Corp Began Shipping American Oil to the Medi- terranean Refineries in 2015- Iranian Oil in Europe”, Getenergy Intelligence, 7 March 2016.
• “With Insurance Improving, More Tankers Load Iran’s Oil”, The Maritime Executive, 6 June 2016, at http://www.maritime-executive.com/article/with-insurance-improving- more-tankers-load-irans-oil (last visited 27 November 2016).
• “P&I clubs raise Iran oil Shipping Reinsurance to up to $580 mil from $80 mil”, Platts, 22 March 2016, at http://www.platts.com/ShippingNews/27380322 (last visited 8 September 2016).
• Sahand Moarefy, “Partially Unwinding Sanctions: The Problematic Construct of Sanctions Relief in the JCPOA”, Harvard National Security Journal, 15 July 2016, at http://harvardnsj.org/2016/07/partially-unwinding-sanctions-the-problematic- construct-of-sanctions-relief-in-the-jcpoa/ (last visited 8 September 2016).
• “Iran Seeks Oil Barter as European Buyers Face Banking Hurdles”, Gulf News, 26 February 2016, http://gulfnews.com/business/sectors/energy/iran-seeks-oil-barter-as- european-buyers-face-banking-hurdles-1.1679830 (last visited 8 September 2016).
• Aiswarya Lakshmi, “Iranian Tankers Free to Enter International Ports”, Marinelink.com, 14 May 2016, at http://www.marinelink.com/news/international-tankers409676.aspx (last visited 8 September 2016).
• Anjli Raval, “Iran Fulfils Pledge to Raise Oil Production”, Financial Times, 24 May 2016.
• “Iran Exports 14 m/b Crude Oil to Europe”, SHANA, 26 March 2016, at http://www. shana.ir/en/newsagency/257166/Iran-Exports-14-m-b-Crude-Oil-to-Europe (last visited 8 September 2016).
• Rupert Rowling, Angelina Rascouet, and Julian Lee, “Russian Crude Losing Out as Iranian Oil Returns to Europe”, Bloomberg, 17 June 2016, at http://www.bloomberg. com/news/articles/2016-06-17/russian-crude-losing-out-as-iranian-oil-returns-to- europe (last visited 8 September 2016); Matt Smith, “Market Currents: Iran oil exports increase into Europe”, Fuelfix, 28 July 2016, at http://fuelfix.com/blog/2016/07/28/ market-currents-iran-oil-exports-increase-into-europe/ (last visited 8 September 2016).
• Anthony Dipaola, Grant Smith, and Laura Hurst, “Iran Makes Oil Market Statement with First Pricing for Europeans”, Bloomberg, 11 February 2016, at http://www.bloom- berg.com/news/articles/2016-02-11/asia-to-pay-less-for-iran-oil-in-break-from-link- to-saudi-prices (last visited 8 September 2016).
• Sam Bourgi, “Iran to Support Oil Market Balance after it Regains Pre-Sanctions Share”, 4 September 2016, EconomicCalender.com, at http://www.economiccalendar. com/2016/09/04/iran-to-support-oil-market-balance-after-it-regains-pre-sanctions- share-2/ (last visited 8 September 2016).
• David Ramin Jalilvand, “Why OPEC Deal is Double-edged Sword for Iran”, Al-Mon- itor, 7 December 2016, at http://www.al-monitor.com/pulse/originals/2016/12/iran- opec-deal-reaction-saudi-quota-benefits.html (last visited 17 December 2016).
• US Department of Treasury, Frequently Asked Questions Relating to the Lifting of Certain U.S. Sanctions Under the Joint Comprehensive Plan of Action (JCPOA) on Implementation Day, 7 October 2016, at https://www.treasury.gov/resource-center/sanctions/Programs/ Documents/jcpoa_faqs.pdf (last visited 30 November 2016).
• Jay Solomon, Asa Fitch and Benoit Faucon, “Iran’s Central Bank Chief Warns Banking- Access Issues Jeopardize Nuclear Deal”, The Wall Street Journal, 15 April 2016.
• Anthony Rapa, “The IRGC and the Challenges of Entering the Iranian Market, Part 1”, Steptoe and Johnson (Washington, D.C.), 20 October 2015, at http://www. steptoeinternationalcomplianceblog.com/2015/10/the-irgc-and-the-challenges-of- entering-the-iranian-market-part-1/ (last visited 8 September 2016); Hogan Lovells, “Implementation Day: Certain EU Sanctions and U.S. Secondary Sanctions Lifted But Broad U.S. Sanctions Remain”, Lexology, 19 January 2016, at http://www.lexology. com/library/detail.aspx?g=f6d86323-fb5d-4279-970c-69d6dcc5e3b6 (last visited 8 September 2016).
• US Department of Treasury, Frequently Asked Questions Relating to the Lifting of Certain U.S. Sanctions Under the Joint Comprehensive Plan of Action (JCPOA) on Implementation Day.
• “Why Iran’s Revolutionary Guards Benefit From the End of Sanctions”, Newsweek, 1 January 2016. Fareed Mohamedi, “The Oil and Gas Industry”, The Iran Primer, United States Institute of Peace, August 2015, at http://iranprimer.usip.org/resource/oil-and- gas-industry (last visited 8 September 2016); Mordechai Abir, Iran’s New Revolutionary Guards Regime. Anti-Americanism, Oil, and the Rising International Tension, Jerusalem Center for Public Affairs Issue Brief, Vol. 5, No. 10 (15 November 2005).
• Umit Herguner, “Iran: Legal and Business Environment”, Hergüner Bilgen Özeke Attorney Partnership (Istanbul), at http://www.herguner.av.tr/publications/iran-legal- and-business-environment (last visited 8 September 2016).
• Rank 1 implies that the country has the most friendly regulations. “Ease of doing business index”, The World Bank, at http://data.worldbank.org/indicator/IC.BUS. EASE.XQ (last visited 2 December 2016).
• “Corruption by Country”, Transparency International, at http://www.transparency.org/ country#IRN_DataResearch (last visited 2 December 2016).
• “Iran Corruption Report”, Business anti-Corruption Portal, August 2016, at http://www. business-anti-corruption.com/country-profiles/iran (last visited 2 December 2016).
• “Ahmad Tavakoli Warns: Corruption Can Lead to Systemic Crash”, BBC (Persian), 6 January 2016, at http://www.bbc.com/persian/business/2016/01/160106_l12_iran_ corruption_tavakoli (last visited 30 November 2016).
• Dalan McEndree, “Iran May Not Be That Attractive to Oil Industry After All”, Oilprice. com, 26 October 2015, at http://oilprice.com/Energy/Energy-General/Iran-May-Not- Be-That-Attractive-To-Oil-Industry-After-All.html (last visited 2 December 2016).
• “How Low Oil Prices are Affecting the Global Economy”, The One Brief, 4 February 2016, at http://www.theonebrief.com/how-low-oil-prices-are-affecting-the-global- economy/ (last visited 8 September 2016).
• “WoodMac: Global upstream investment down $1 trillion since oil-price slump”, Oil and Gas Journal, 27 June 2016, at http://www.ogj.com/articles/print/volume-114/issue- 6c/general-interest/woodmac-global-upstream-investment-down-1-trillion-since-oil- price-slump.html (last visited 8 September 2016).
• Michael Lynch, “As Iran Reopens to the International Oil Business, Risks Abound for Foreign Companies”, Forbes, 2 September 2016.
• Matthew Spivack, “What to Know about Doing Business with Iran”, Harvard Business Review, 5 May 2016, at https://hbr.org/2016/05/what-to-know-about-doing- business-in-iran, (last visited 8 September 2016).
• Parisa Hafezi, “Iran Says U.S. Extension of Sanctions Act Violates Nuclear Deal”, Reuters, 2 December 2016, at http://www.reuters.com/article/us-iran-nuclear-usa- idUSKBN13R0MO (last visited 4 December 2016).
• Richard Martin, “Germany Runs Up Against the Limits of Renewables”, MIT Technology Review, 24 May 2015, at https://www.technologyreview.com/s/601514/ germany-runs-up-against-the-limits-of-renewables/ (last visited 8 September 2016); Robert Kunzig, “Germany Could Be a Model for How We’ll Get Power in the Future”, National Geographic, 15 October 2016, at http://ngm.nationalgeographic.com/2015/11/ climate-change/germany-renewable-energy-revolution-text (last visited 8 September 2016).
• “5 Countries Leading the Way Toward 100% Renewable Energy”, Ecowatch, 5 January 2015, at http://www.ecowatch.com/5-countries-leading-the-way-toward-100- renewable-energy-1881999459.html (last visited 8 September 2016).
• “Follow the Leader: How 11 Countries Are Shifting to Renewable Energy”, The Climate Reality Project (Washington, D.C.), 3 February 2016, at https://www.climaterealitypro- ject.org/blog/follow-leader-how-11-countries-are-shifting-renewable-energy (last vis- ited 8 September 2016).
• “China ranks First Worldwide in PV Power Capacity”, Xinhua, 21 January 2016, at http://news.xinhuanet.com/english/2016-01/21/c_135032035.htm (last visited 8 Sep- tember 2016).
• Ashok Gulati, Stuti Manchanda, and Rakesh Kacker “Harvesting Solar-in Fields”, The Indian Express, 1 September 2016.
• “These 10 Countries are Leading the World in Solar Energy”, Business Insider, 15 March 2016, at http://www.businessinsider.com/best-solar-power-countries-2016- 3?IR=T/#10-south-korea-2398-megawatts-1 (last visited 1 December 2016).
• “The Hidden Consequences of the Oil Crash”, Politico Magazine, 21 January 2016, consequences-213550 (last visited 1 December 2016).
• Vishal Shah and Jerimiah Booream-Phelps, Crossing the Chasm, Deutsche Bank, 27 February 2015, p.1.
• Amy Myers Jaffe, “Why the World’s Appetite for Oil Will Peak Soon”, The Wall Street Journal, 5 May 2015.
• See Paul Stephens, International Oil Companies The Death of the Old Business Model, Cha- tham House Research Paper, May 2016, Pp. 44.
• The end of the Oil Age”, The Economist, 23 October 2003.