Wikileaks and Oil Special: Does Shell Really Have A Grip on Nigerian Government?

The Guardian of London featured this October 2009 cable in their WikiLeaks coverage on Thursday: "Shell's Grip on Nigerian Government Revealed".

Well, not quite. 

The "smoking gun" claim of Ann Pickard, Shell's Executive Vice President for African operations, is tucked away in a long discussion with the US Ambassador on proposed Nigerian legislation.

"The GON [Government of Nigeria] had forgotten that Shell had seconded people to all the relevant ministries and that Shell consequently had access to everything that was being done in those ministries."

That's pretty dramatic, but it does not translate to a "grip" on the Government. Shell's placement of individual in the Ministries is vital for gathering of intelligence, but it does not necessarily translate into control or direction of Nigerian policy.

Consider the rest of the cable carefully:

1. Pickard says at the start of the meeting that Shell, while it likes the potential in the Petroleum Industry Bill, is concerned about the current text --- "we need to move quickly" to get necessary changes. She is confident about the possibilities in the lower chamber of the legislature: "We are working with the House and the House appears to want to work with us." Pickard is not as hopeful about the upper chamber, however, "We think the Senate will pass a bad bill"

However, and this is the mystery in the cable. Pickard says the Senate's decision "won't really matter". Why? Is this because Shell can manoevure with other parts of the Government to block the "bad" provisions? If so, with whom? 

2. Apparently, Shell can't rely on the Nigerian President: ""We have not been able to meet with President [Umaru Musa] Yar'Adua for nine months. They have him protected."

3. Pickard also reveals that Shell has to compete with other external actors: "We are worried about the World Bank's political agenda and it is not clear what their agenda is."

This is a significant document but not in the black-and-white portrayal of The Guardian. Instead, it reveals how Shell has made its political moves --- including putting its own people inside Nigeria's ministries --- precisely because it cannot be sure of "control" over Nigerian policy. 

And this is also a forthright revelation of the US Government as accomplice to Shell's efforts: "The Ambassador asked what the Embassy could do to help" the oil company with the pressure on Nigeria's legislators over the Petroleum Industry Bill. 

THE ORIGINAL CABLE

Tuesday, 20 October 2009, 06:17
C O N F I D E N T I A L SECTION 01 OF 04 ABUJA 001907 
NOFORN 
SIPDIS 
DEPT PASS USAID/AFR/SD FOR CURTIS, ATWOOD AND SCHLAGENHAUF 
DEPT PASS TO USTDA-PAUL MARIN, EXIM-JRICHTER 
DEPT PASS TO OPIC FOR BARBARA GIBIAN AND STEVEN SMITH 
DEPT PASS USTR FOR AGAMA 
JOHANNESBURG FOR NAGY 
USDOE FOR GEORGE PERSON 
TREASURY FOR TONY IERONIMO, ADAM BARCAN, SOLOMAN AND RITTERHOFF 
EO 12958 DECL: 02/04/2029 
TAGS EPET, ENRG, EINV, ECON, ETRD, PGOV, NI 
SUBJECT: (C) SHELL MD DISCUSSES THE STATUS OF THE PROPOSED PETROLEUM 
INDUSTRY BILL
Ref: Abuja 1836

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SUMMARY

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1. (C) Shell EVP for Shell Companies in Africa met with the Ambassador on October 13 to discuss the status of the proposed Petroleum Industry Bill. She said the GON wanted the National Assembly to pass the bill by November 17 and that the international oil companies would have to move quickly if the House passed the bill in the coming weeks. She said there was "total alignment" among the IOCs and with the Nigerian oil companies. She said it would be helpful if the Embassy would continue to deliver low-level messages of concern and call on the Speaker of the House to see where he stood on the bill. She expected the situation in the Niger Delta to be "quiet" until the end of the year but would get "out-of-hand" when the election cycle starts up at the end of the year. Shell's views of the PIB track closely with ExxonMobil's views as reported in reftel. END SUMMARY.

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CURRENT STATUS OF THE PIB

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2. (C) Shell EVP for Shell Companies in Africa Ann Pickard met with the Ambassador at the Embassy on October 13. The DCM and Economic Counselor joined the Ambassador, and XXXXXXXXXXXX accompanied Pickard. The Ambassador asked Pickard for her views about the status of the Petroleum Industry Bill (PIB). Pickard said the GON wanted the National Assembly to pass the bill by November 17 in order for the GON to be able to announce it at the upcoming CWC Gulf of Guinea Conference in London November 17-19. She said that if the House passes the PIB in the coming weeks, "we need to move quickly" to obtain any necessary changes before it becomes law. Fortunately, she added, "We are working with the House and the House appears to want to work with us." She continued that if the Senate passes the PIB, "We aren't worried." Unfortunately, she explained, "We think the Senate will pass a bad bill" but it won't really matter. She added that she would be at the Nigerian House and Senate later that day and would let the Embassy know if there were any unexpected developments.

3. (C) The Ambassador asked if Shell had had engagements with the GON outside the National Assembly, such as with the Ministry of Finance and the Central Bank of Nigeria. Pickard said, "We are meeting with them at all levels." She noted that an IMF team headed by Charles McPherson was in Abuja to look at the PIB and that Shell would be meeting with them as well. In contrast, she said, "We are worried about the World Bank's political agenda and it is not clear what their agenda is." She said the World Bank was working on how to make the IJVs "bankable" so that they would be able to go to international and domestic banks for financing.

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GAS FLARING AND CLIMATE CHANGE

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4. (C) Pickard said the PIB requires an end to gas flaring by 2010. She said the industry won't be able to do that due to the lack of investment and security. Shell is ahead of the other IOCs and could be ready by 2011. Shell would have to spend $4 billion to do this, but the GON would also have to fund its part and that is a risk. Shell would shut in oil production in fields where it is uneconomic to end gas flaring, and it would let others have the gas for free where it is economic to do so.

5. (C) Pickard continued that NNPC General Managing Director Dr. Mohammed Barkindo was interested in doing something on climate change in preparation for the climate change summit in Copenhagen December 6-18. Barkindo was spread pretty thin so Shell will ask him how they can help him prepare for the summit. She added that Shell had recently told the oil producing countries that coal will squeeze out oil as a result of the CO2 footprint issue if the oil producing

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countries and IOCs do not do more to address the issue.

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POTENTIAL BENEFITS

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6. (C) Pickard summarized the PIB's potential benefits. The creation of fully integrated and independently functioning international joint ventures (IJVs) would solve the oil and gas industry's longstanding funding problems if the proposed IJVs are done right. The Nigerian National Petroleum Company (NNPC) was previously forced to reduce its ownership of some existing joint ventures to 49 percent to make them profitable enough to obtain financing. The proposed division of responsibilities between the NNPC and the Directorate of Petroleum Resources also would be good. The IOCs currently do not know if the NNPC is their partner or regulator.

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COHESION WITHIN THE INDUSTRY

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7. (C) The Ambassador asked if the industry was united in its approach to the PIB. Pickard replied that there was "total alignment with the international oil companies at every level." She acknowledged that Shell had more exposure to the loss of acreage than any other company. "We could lose 80 percent of our acreage," she said. The problem comes from the fact that the PIB will redefine how a company can hold on to its exploration and production blocks, limiting what can be kept to two kilometers around each well. "Everyone offshore loses a lot," she continued. "We will have to bring satellites on fast or we will lose the blocks." However, the problem with that is that the companies have to be able to pass things through to the blocks quickly and it takes years to get a rig in due to delays in the Nigerian approval process. (NOTE: Pickard told Econoff in Lagos that Shell "sent away" three platforms in late September. END NOTE.)

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ALIGNMENT WITH NIGERIAN OIL COMPANIES

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8. (C) The Ambassador asked about the IOCs' alignment with the Nigerian oil companies. Pickard replied that "the Nigerian companies are with us" because they will be taxed at the same rate in the current version of the PIB. The IOCs are starting to see what the Nigerian companies want to do.

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THE USG'S ROLE

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9. (C) The Ambassador asked what the Embassy could do to help with the Joint House Committee on Petroleum Upstream and Downstream and Justice that is working on the PIB. Pickard said she hoped the current level of dialogue between the GON and the IOCs continues. Unfortunately, "We have not been able to meet with President Yar'Adua for nine months," she said. "They have him protected." She said it would be helpful if the Embassy would continue to deliver low-level messages of concern. In particular, she thought it would be helpful for the Embassy to call on Speaker of the House Dimeji Bankoke to see where he stood on the bill. Beyond that, she would like to keep the Embassy in reserve and use it as a "silver bullet" if the PIB passes the House. The Ambassador noted that the U.S., U.K., Dutch and Qthe House. The Ambassador noted that the U.S., U.K., Dutch and French Embassies had already made a joint call on NNPC General Managing Director Dr. Mohammed Barkindo.

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CHINA'S INTEREST IN NIGERIA'S OIL BLOCKS

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10. (C) Pickard mentioned China's recently reported interest in Nigeria's oil blocks. She said Shell had received a copy of the letter that Special Advisor to the President on Petroleum Matters Dr. Emmanuel Egbogah had sent to the Chinese which said that their offer for oil exploration blocks was not good enough. Minister of State for Petroleum Resources Odein Ajumogobia had denied that the letter

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had been sent, but later conceded that the GON was only "benchmarking" to see what the IOCs should pay for shallow-water licenses. Pickard said Shell had good sources to show that their data had been sent to both China and Russia. She said the GON had forgotten that Shell had seconded people to all the relevant ministries and that Shell consequently had access to everything that was being done in those ministries.

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CHANGING RESPONSIBILITIES WITHIN THE GON'S TEAM

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11. (C) Pickard observed that there might be changes with how the GON management of the petroleum sector is organized. Minister of Petroleum Resources Rilwanu Lukman may be given the responsibility for implementing the PIB, while Minister of State for Petroleum Resources Ajumogobia may get the Directorate of Petroleum Resources and ongoing business. The problem with these changes is that the GON could still get "unempowered people" who are not able to address the issues. The question is whether Ajumogobia would be able to step up. (NOTE: Press reports on October 17 reported that Lukman will be given overall responsibility for the formulation of policy, and oversee the implementation of the PIB, the Integrated Joint Venture negotiation and rollout, the fiscal terms transition and implementation, the new organization implementation, and stakeholder management. We will also supervise the NNPC and its subsidiaries, the Organization of Petroleum Exporting Countries, the African Petroleum Producers Association, and the University of Petroleum. Ajumogobia will be in charge of the Gas Master Plan Transition Implementation, the Gas Exporting Countries Forum, the Nigerian Liquefied Natural Gas, the alternative fuels, and the Petroleum Equalization Fund. He will also oversee the Directorate of Petroleum Resources, the Petroleum Training Institute and the Pricing Regulatory Agency. END NOTE.)

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SHELL'S CURRENT PRODUCTION

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12. (C) The Ambassador asked about the level of Shell's current operations. Pickard said Shell was producing 663,000 barrels per day as of October 13, including the Bonga field. Approximately 80,000 barrels per day had been brought back from the Forcados field on the previous day. Some 900,000 barrels per day of capacity was still shut in. Of that, Shell could bring back 600,000 barrels per day, while the remaining 300,000 barrels per day is "too unreachable."

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AMNESTY IN THE NIGER DELTA

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13. (C) The Ambassador asked Pickard what she thought about the future of the GON's amnesty offer to militants in the Niger Delta. She responded that Shell expected the situation in the Niger Delta to be "quiet" until the end of the year. It will then get "out-of-hand" when the election cycle starts up in December, January and February. She expressed particular concern about Bayelsa State, home to Shell's 500,000 barrel-per-day capacity Bonny field. Pickard also noted that Q500,000 barrel-per-day capacity Bonny field. Pickard also noted that Shell saw Israeli security experts in Bayelsa, but not in the Delta, and that there had been "a big drop in kidnapping" as a result.

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Looking Ahead

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14. (C) XXXXXXXXXXXX

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COMMENT

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15. (C) Shell's views of the PIB and the alignment among the IOCs and with the Nigerian oil companies track closely with the views of ExxonMobil, as reported in reftel. The main difference is that Shell tends to minimize the different tax concerns and financial vulnerabilities of the individual IOCs. Shell is much more vulnerable than the other IOCs because its operations are concentrated in less favorable JV concessions that are located in the violence-prone Niger Delta. ExxonMobil and Chevron's operations are concentrated in more favorable production sharing contracts (PSC) in the relatively violence-free offshore areas. In the event that the PIB retains negative terms or violence returns to the Delta, Shell can be expected to hurt the most and cry the loudest.

16. (U) Embassy Abuja coordinated this telegram with ConGen Lagos.