Page 13 - AfrOil Week 17 2021
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AfrOil                                           POLICY                                                AfrOil



                         “It is essential that oil companies comply with   companies. State-owned Chinese firms are
                         environmental protection regulations,” she   among the biggest investors in South Sudan’s oil
                         commented. “I personally visited the oilfields   sector. The country’s largest producer of crude
                         of our country, and what I saw is not what we   oil is Dar Petroleum Operating Co. (DPOC), in
                         agreed. Pollution from oilfields is real. People   which China National Petroleum Corp. (CNPC)
                         are dying because of the spills. The lives of our   serves as operator and owns a 41% stake.
                         people are important, and I would like the oil   DPOC is developing two licence areas in
                         companies to take that into account; otherwise   the Melut basin known as Block 3 and Block 7.
                         we have the right as a department to stop their   These two blocks in Upper Nile State account
                         operations.”                         for about three quarters of South Sudan’s total
                           The minister did not say whether Juba was   oil production, which now stands at around
                         considering taking action against any specific   165,000-170,000 barrels per day (bpd). ™




                                             PROJECTS & COMPANIES
       Court order puts Carlyle Group closer




       to compensation for SAMIR losses






            MOROCCO      CARLYLE Group is a step closer to retrieving at   confirmed the verdict, ruling that the wind-up
                         least some of its nearly $400mn losses sustained   should proceed.
                         when Morocco’s commercial court ordered the   Creditors owed part of SAMIR’s estimated
                         Societe Anonyme Marocaine de l’Industrie du   MAD44bn ($4.6bn) debt queued up to have
                         Raffinage (SAMIR) to go into liquidation in   their claims validated by the courts in order to
                         2016. Last week, a New York court of appeal   secure a slice of the proceeds from the sell-off.
                         reversed a July 2020 ruling that Carlyle could not   On July 31, 2018, the Casablanca Commer-
                         appeal that insurance should cover its $396mn   cial Court of Appeal ruled that the local Banque
                         loss.                                Centrale Populaire (BCP) – a major lender to
                           According to court documents, the July   the company – had obtained valid guarantees
                         2020 decision by Justice O. Peter Sherwood to   against lending of MAD1.2bn ($132mn) of debt,
                         reject Carlyle’s assertion that its oil had in effect   out of total borrowings from the bank of around
                         been stolen by SAMIR had been “unanimously   MAD2.9bn ($307mn).
                         reversed”.                             BCP thereby secured a place as a senior cred-
                           The plaintiffs (Carlyle) sought to “recover   itor, with privileged claims on liquidated assets.
                         excess marine cargo insurance policy for losses   A month earlier Glencore – another major cred-
                         they sustained when a Moroccan oil refinery   itor – had a claim of MAD2.2bn ($233mn) val-
                         became insolvent. Under the arrangement   idated. ™
                         between plaintiff Carlyle Commodities Man-
                         agement LLC, then known as Vermillion Asset
                         Management LLC, and the refinery, Carlyle
                         would pay for crude oil that the refinery had
                         contracted to purchase from third-party suppli-
                         ers, and the refinery would subsequently repur-
                         chase the oil from Carlyle.”
                           The fund filed a claim with its insurers Lloyd’s
                         of London to recover the value of the crude “after
                         the Moroccan government froze the refinery’s
                         bank accounts, rendering the refinery unable to
                         repurchase the commodities”.
                           The 200,000 barrel per day (bpd) refin-
                         ery ceased operating in late 2015 as debts left
                         SAMIR unable to finance fresh purchases of
                         crude feedstock and Saudi-Ethiopian major-
                         ity owner Mohamed al-Amoudi reneged on a
                         promised capital injection. Al-Amoudi’s Swe-
                         den-based Corrall Petroleum Holdings held a
                         67% stake in SAMIR.
                           In late September 2016, Corrall’s legal ave-
                         nues were exhausted, as the Court of Cassation     The SAMIR plant is Morocco’s only oil refinery (Photo: SAMIR)



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