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Lebanon Oil & Gas: Bidding Round Opens

05-02-2013

Riding on the positive momentum following the successful completion of the pre-qualification phase, the Lebanese Minister of Energy & Water was joined on Tuesday 30 April 2013 by all six members of the Petroleum Administration to announce the launch of the first Lebanese Offshore Bidding round, which subsequently opened as scheduled on 2 May 2013. During the launch ceremony, a number of key issues were addressed, ranging from information related to the model EPA to the revealing of a more detailed timeline of interim steps for the coming months (along with pertinent caveats) leading to a projected target date for the signature of EPAs with successful bidders by February-March 2014. The announced timeline includes the following milestones: 

  • 1 June 2013 – Deadline for pre-qualified applicants to offer their comments on the model EPA.
  • 15 June 2013 – Companies to nominate blocks they wish to bid for.
  • Week of 17 June 2013 – Participants’ conference in Beirut.
  • 30 June 2013 – Petroleum Administration to announce which blocks will be open for bidding.
  • 31 July 2013 – Deadline for the payment of the application retrieval fee.
  • Summer 2013 – Publication of final model EPA and Tender Protocol (both subject to approval by a Council of Ministers with full powers).
  • 4 November 2013 – Deadline for submission of bids / Closing of bidding round.
  • December 2013 – Details of short-listed bidders to be revealed.
  • February-March 2014 – Signature of EPA with successful bidders. 

Today, on 2 May 2013, the model EPA (in draft form) was made accessible to pre-qualified companies for their consideration, following the signature of a non-disclosure agreement.  Additional key pieces of information to come out of the conference include the following points: 

  • Successful bidders will be required by law to hire 80% of their workforce locally, although the exact terms and conditions of the local content requirements are not yet finally established. Likewise, it was announced that Lebanese companies offering services to successful consortia would be given priority over foreign competitors, within a yet to be formalized margin.
  • While all ten blocks will initially be open for bids, only four to five are expected to be offered to consortia in the first round. Pre-qualified companies would rank in advance the blocks that they are interested in bidding for in order of preference. It was also announced that a minimum of three bids would need to be made for a specific block in order for such a block to be offered for exploitation in the first round.
  • Special tax regulations. The tax regime is not expected to be frozen through a stabilization clause.
  • Applicants will be required to purchase all seismic data for the block they choose to bid for.
  • The finalized EPA is expected to include two biddable items: cost recovery (R factor defining the split between profit and cost oil) and the work program. 

While it is clear that the Petroleum Administration and Ministry of Energy & Water are keen to proceed expediently in order to help ensure that the current timeline remains in place, it is nonetheless crucial to bear in mind the fact that several decrees relating to inter alia block delineation, the model EPA and taxation are still outstanding, and cannot be legalized in the absence of a newly formed government. It is, however, likely that once a new government is in place it will prioritize the enactment of the required complementary decrees.

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Recent Work Highlights

Our lawyers at Obeid & Partners have extensive experience in complex cross-border matters. Since the establishment of the firm in 1987, we have represented various clients ranging from government and government entities to nationally and internationally renowned investors, corporations and individuals. Our clients are distinguished in their respective fields of expertise.

Our team holds a track record in handling complex local and international cases, of which relevant work highlights include:

Hospitality

Successfully representing multiple owners of shares in an unprecedented class action before the Lebanese courts, involving a landmark resort in Beirut. The matter involved complex proceedings in addition to requiring significant logistical and coordination skills for the various plaintiffs in the context of the class action. This prompted the firm to develop an in-house protocol […]

Educational Services

Successfully representing a dually licensed private university in relation to a criminal lawsuit as well as an administrative claim.

Aviation

Successfully representing a world leading provider of solutions for the travel industry, in relation to a series of complex disputes pending before the Lebanese courts, involving seizure matters, URL geo-blocking, payment claims, action on the merits, and other proceedings. 

States

Successfully representing foreign states before the Lebanese courts in a series of complex court actions involving both private and public international law issues, relating to advance payment claims, real estate and lease agreements. 

Banking and Finance

Successfully representing a major oil trader, in what is still known as the largest litigation in Lebanon involving a claim in excess of one billion dollars against one of the largest local banks.  This was a first-of-kind matter in the banking sector which challenged the amnesty in the current financial crisis in Lebanon and the […]

Oil and Gas

Successfully representing  a group in relation to a complex cross-border action involving worldwide freezing injunctions and document preservation orders with claim amounts exceeding USD 300 million. Our firm secured a first-of-a-kind decision from the Lebanese courts and advised on complex cross-border matters involving mareva injunctions.  

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