Mexico has reformed its constitution to open up its oil and gas sector to private investment for the first time since 1938. The reform was enacted due to declining oil production, rising imports, and the need to attract capital and expertise to boost production. It allows contracts like licenses and profit-sharing agreements to be offered to private companies and Pemex by a new regulator. A sovereign wealth fund will manage revenues to invest in projects, pensions, and development. The reform aims to increase transparency and prevent corruption through open bidding, contract disclosure, and audits.
1. Mexico’s Energy Reform
Enrique Ochoa Reza, PhD
Undersecretary of Hydrocarbons
Ministry of Energy
December 19, 2013
www.reformaenergetica.gob.mx
2. Despite an increase in investment in exploration and extraction,
Mexican oil production has declined from 3.4 million barrels per day in
2004 to 2.5 million in 2012.
Investment in exploration and extraction
(Billions of dollars)
25
20.7
3.4
20
3.0
15
11.7
2.5
10
4.7
Oil Production
(Million of barrels per day)
1.5
5
0
Price of Mexican Crude Export Mix
(Dollars per barrel)
Sources: Average price of the Mexican Crude Export Mix, PMI Comercio Internacional 1997 – 2012. Production: Pemex Institutional
Database, 1997– 2012. Investment: Pemex Annual Statistics, 1997-2012.
2
3. Between 1997 and 2012, natural gas imports increased from 3% to 30% as
a percentage of national consumption; this trend has deepened since
2008, due to the decrease of the price of natural gas in North America.
9,000
7,792
8,000
Natural Gas
Consumption
7,000
Million cubic feet per day
8,007
(100%)
6,534
6,000
5,000
4,576
(100%)
4,000
4,467
5,651
(70%)
(97%)
Natural Gas
Production
2,356
(30%)
3,000
Natural Gas
Imports
2,000
1,000
1,258
109
(3%)
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013*
* January – July, 2013.
The “Natural Gas Consumption” line reflects the addition of Pemex’s gas production and total imports. The
“Natural Gas Production” line reflects Pemex’s total natural gas production, including the gas it uses in its
industrial processes and the supply to final consumers.
Source: Mexican Energy Ministry, Energy Information System, 2013.
3
4. Gasoline imports represented 25% of total consumption in 1997; by
2012, that percentage had increased to 49%.
900
Gasoline
Consumption
Thousands of barrels per day
800
811
(100%)
752
700
600
503
Gasoline
Production
(100%)
500
455
416
(51%)
400
376
300
200
395
(75%)
(49%)
Gasoline
Imports
127
(25%)
100
54
0
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
Source: Pemex, annual average 1997-2012.
4
5. In 1997, Mexico imported 41% of the petrochemicals it consumed; in
2012, 66% of demand was met with imported petrochemicals.
22.09
21
(100%)
19.36
18
Billions of dollars
14.47
Demand
15
(66%)
12.72
12
Net Imports
7.62
9
(34%)
6.09
6.64
(100%)
6
Production
3.62
(59%)
3
2.47
(41%)
0
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
Source: Mexican Energy Ministry, with data provided by Pemex-Petrochemicals and the Mexican Central Bank.
2012
5
6. New Oil and Gas Model
• For the first time since 1960, the Mexican oil and gas model
embedded in article 27 was amended. The reform enacted 53
years ago, closed most of the hydrocarbons sector to private
participation.
• Today's energy reform is due to President Enrique Peña Nieto's
leadership and the Mexican Congress' commitment by voting the
reform with over 2/3 of its members present in both houses.
• The constitutional amendment was declared complete yesterday
by the Mexican Congress once 24 State Congresses voted it
favorably (16 of 31 were needed). More States are expected to
approve the reform in the near future.
6
7. Reform to articles 25, 27 and 28, with 21 transitory articles
allow private investment in up, mid and downstream.
Oil and Gas
Reserves
The Mexican State,
through SENER,
manages the
country’s oil and
gas reserves
(selection of
bidding areas)
Exploration and
Extraction
Entitlements granted
by SENER to Pemex
(Round Zero)
Service,
profit/production
sharing and license
contracts, awarded
by the National
Hydrocarbons
Commission (CNH)
to Pemex and/or the
private sector
Refining and
Petrochemistry
Permits for
refining and gas
processing (basic
petrochemistry),
granted by SENER
to Pemex and/or
the private sector
Transportation, Storage,
Distribution and
Commercialization
Permits for all
transportation,
storage,
distribution and
commercialization
activities, granted
by the Energy
Regulatory
Commission (CRE)
to Pemex and/or
the private sector
7
8. Round Zero for Pemex1
1
Pemex will submit to the
Ministry of Energy, the
entitlement applications
for the exploration areas
and the production fields
that it is able to operate
through entitlements.
2
(90 days)
The Ministry of
Energy, with
technical assistance
from the National
Hydrocarbons
Commission (CNH),
shall review
Pemex’s request,
and issue the
corresponding
resolution.
3
Pemex will maintain
exploration entitlements
in those areas where it
has made commercial
discoveries or
exploration investments.
(3-5 year period)
(180 days)
6
The Ministry of Energy shall
determine the technical and
contractual guidelines of the
bidding round, the Ministry of
Finance will establish the fiscal
terms, and the CNH shall
conduct the bidding round to
select the contractor.
1. Transitory Article 6
5
Pemex may
propose to the
Ministry of Energy
for its approval, the
migration of the
allocated
entitlements into
new contracts.
4
Pemex will
maintain extraction
entitlements in
fields in production.
8
9. Exploration and extraction legal frameworks in the top 20
oil producing countries
Ranking
2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Country
Russia
Saudi Arabia
United States of America
China
Canada
Iran
Iraq
Kuwait
United Arab Emirates
Mexico (Before the Reform)
Mexico (With the Reform)
Venezuela
Nigeria
Brazil
Angola
Norway
Kazakhstan
Libya
Algeria
United Kingdom
Qatar
Production
(2012)
mmbd
10,427
9,813
6,401
4,122
3,127
3,000
2,918
2,754
2,653
2,548
2,548
2,479
2,092
2,061
1,756
1,618
1,583
1,402
1,165
890
741
Concessionary/Contractual Framework
Concessions and production sharing contracts
Concessions
Concessions
Production sharing contracts
Concessions
Profit sharing contracts
Profit and production sharing contracts
Service contracts
Concessions
Service contracts
Service, profit or production sharing contacts and licenses
Concessions
Concessions and production sharing contracts
Concessions and production sharing contracts
Concessions, profit and production sharing contracts
Concessions
Concessions and production sharing contracts
Production sharing contracts
Concessions
Concessions
Production sharing contracts
Source: World Rating of Oil and Gas Terms; PFC Energy, Van Meurs Corporation and Roger Oil & Gas Consulting. Production: Oil and Gas Journal
(crude oil).
9
10. Oil and Gas Exploration and Extraction Contractual
Framework2
2
• Technical guidelines of the
bidding rounds.
• Technical design of contracts.
1
• Block selection, with
technical assistance
of the CNH.
3
4
• Conducts the bidding rounds.
• Decides on the winning bids.
• Fiscal terms of contracts.
7
6
• Mexican Petroleum
Fund for Stabilization
and Development makes
payments and manages
government cash flows.
2. Transitory Article 10
• Technical management
of contracts.
5
• Awards and signs the
contracts on behalf of the
Mexican State.
10
11. Mexican Petroleum Fund for Stabilization and Development
•
Public trust fund managed by the Mexican Central Bank,3 with a Technical
Committee: the Finance Minister (Chairman), the Energy Minister, the Central
Bank Governor, and 4 independent members nominated by the President and
ratified by 2/3 of the Senate.4
1
3
2
Expenditure Budget of the
Federation - PEF
(Constant at 4.7% of GDP)
Long-term savings
(Up to 3% of GDP)
If the balance exceeds 3% of
GDP, at least 40% of the
excess
balance
will
be
allocated to long-term savings
Up to 10%
Universal pension system
Up to 10%
Science & technology and renewable energy
projects
Up to 30%
Oil and gas project investment vehicle and
infrastructure development
Up to 10%
Scholarships, connectivity enhancement
projects and regional industrial development
3. Constitutional Article 28 and Transitory Article 14
4. Transitory Article 15
11
12. Transparency and anti-corruption policies in oil and gas
contracts5
1
3
2
Bidding rounds
and their
guidelines will
be public.
Transparency
clauses will be
included in oil
and gas
contracts.
4
Full disclosure
of all payments
associated to
oil and gas
contracts.
External audits
to supervise
cost recovery
and accounting
aspects.
The reform mandates the establishment of legal mechanisms to prevent,
investigate, identify and punish actions or omissions against the law, as
well as acts of corruption in general in the energy sector.6
5. Transitory Article 9
6. Transitory Article 21
12
13. Mexico’s Energy Reform
Enrique Ochoa Reza, PhD
Undersecretary of Hydrocarbons
Ministry of Energy
December 19, 2013
www.reformaenergetica.gob.mx