Page 6 - NorthAmOil Week 48 2021
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NorthAmOil                                    COMMENTARY                                          NorthAmOil




       CFIUS delays Shell’s sale





       of refinery to Pemex







       The Deer Park refinery is not likely to be transferred to Mexico’s

       NOC by the end of the year as anticipated



        TEXAS-MEXICO     SHELL Oil, a US-based subsidiary of Royal
                         Dutch Shell, said earlier this year that it was
       WHAT:             hoping to finalise the planned sale of its 50.01%
       CFIUS did not approve the   stake in the 302,800 barrel per day (bpd) Deer
       Deer Park refinery sale   Park refinery in Texas to a subsidiary of Mexico’s
       as expected on November   national oil company (NOC) Pemex in Decem-
       29.               ber of this year. However, the deal appears to
                         have encountered some last-minute obstacles.
       WHY:                On November 30, Shell said in a statement
       Republican lawmakers in   that a US federal inter-agency body, the Com-
       the US have been critical   mittee on Foreign Investment in the United
       of the proposed sale.  States (CFIUS), had delayed approval of its
                         agreement with Pemex’s P.M.I. Norteamerica
       WHAT NEXT:        subsidiary. The statement did not comment on
       Pemex’s hopes of a brief   the reasons for the delay or say when the sale
       delay may not come to   might move forward, but it quoted company
       fruition.         spokesman Curtis Smith as saying that Shell
                         was working with US authorities with the aim
                         of wrapping up the deal by the end of December.
                           “While we were hopeful we could conclude
                         the sale of the Deer Park refinery earlier in the
                         CFIUS review process, we’re still targeting late  the same day that Shell announced the delay in
                         2021 as a closing date for the transfer of Shell’s  CFIUS approval, that he believed the US govern-
                         interest in the refinery,” Smith commented.  ment ought to block the sale.
                           According to one source with close ties to   The lawmaker said in a statement that
                         Pemex, this optimism is well-founded. CFIUS  his opposition to the proposed transaction
                         may approve the Deer Park deal in mid-Decem-  stemmed partly from the fact that Pemex’s
                         ber, the source told Reuters earlier this week.  operational, technical and financial capabilities
                           But another source who works at the refin-  lagged behind those of Shell. “Pemex lacks the
                         ery was less upbeat. CFIUS approval “could be  technical expertise, safety record and business
                         next week, could be early next year,” this source  practices needed to operate a facility of such
                         remarked to the news agency.         scale in the United States,” he commented.
                                                               He also drew attention to the current Mexi-
                         Local lawmaker’s opposition          can government’s practice of employing every
                         This development is a setback for Shell, which  available means within the bounds of law to
                         had expected to secure a green light for the sale,  ensure that Pemex dominates the domestic
                         worth nearly $600mn, on November 29. It is  oil and petroleum product sectors. This strat-
                         also a disappointment for Pemex, as CFIUS  egy, which has been spearheaded by President
                         represents the last step in the process of gain-  Andres Manuel Lopez Obrador (widely known
                         ing full US regulatory approval for the deal. The  as AMLO), has harmed the interests of US busi-
                         Mexican NOC already owns 49.99% of the Deer  nesses, he stated. “Allowing a foreign company
                         Park plant, and it is eager to increase its stake to  run by an administration that is hostile toward
                         100% and secure additional petroleum product  American energy producers access to our crit-
                         supplies.                            ical infrastructure endangers my constituents
                           It is also occurring against a backdrop of crit-  and threatens our national security,” he declared.
                         icism of the deal by US Representative Brian
                         Babin, a Republican from Texas whose district  Republican critiques
                         includes Deer Park. Babin said on November 30,  In some respects, Babin’s complaints are nothing



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