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Better Management of Nigerian Oil Sales

A NRGI report closely described the Nigerian National Petroleum Corporation's worst governance problems and made recommendations to the Nigerian government for increasing returns to the nation. 

The challenge

 

 

Sales of crude oil by the Nigerian National Petroleum Corporation (NNPC) are Nigeria’s biggest income stream. The roughly 1 million barrels sold per day account for over half of public revenues. Yet each year, billions of dollars from these transactions never reach the country’s treasury, due to suboptimal sales contracts, profits lost to well-connected middlemen and questionable withholdings by NNPC. In 2014, Nigeria’s then-central bank governor Lamido Sanusi made global headlines when he told parliamentarians that USD 20 billion in oil sales earnings had gone “missing” in just 19 months. He was sacked shortly thereafter. An ensuing audit left many questions unanswered. After an upset in the presidential election the next year, a new government with a strong anticorruption stance promised reform.

NRGI's role

Seizing the moment, in August 2015 NRGI published Inside NNPC Oil Sales, the first in-depth, independent analysis of how NNPC sells oil. The 163-page report closely described the worst governance problems and made recommendations to the Nigerian government for increasing returns to the nation. The report findings were the culmination of four years of work. During that time, we reviewed voluminous records, conducted dozens of interviews, analyzed sales contracts and sent over 100 pages of questions to industry players, NNPC included. Some of the deals we pored over— especially NNPC’s complex, opaque oil-for-refined product “swap” arrangements—had never before been publicly scrutinized. Leading up to publication, we deepened our knowledge and sought change by working with many different stakeholders. Beyond researching and writing the report, NRGI personnel trained anticorruption police and journalists on oil sale governance and corruption risks, briefed officials and industry personnel from over a dozen countries, advised the Nigerian chapter of the Extractive Industries Transparency Initiative (EITI) on its oil sales reporting, supported a Nigerian government task force that probed oil revenue losses and helped Sanusi draft his “missing billions” submission to parliament.

Impact

NNPC canceled all of the costliest oil sales contracts we criticized, including the swaps, three weeks after Inside NNPC Oil Sales came out, acknowledging that the contracts were skewed in favor of the companies that held them. The replacement deals’ key terms tracked with our recommendations. These moves would save Nigeria a billion dollars annually, officials claimed; our estimates indicated this was conservative. Echoing other recommendations in the report, NNPC went on to slash the number of middlemen companies with which it dealt; cut scandal-prone bilateral sales to smaller African countries; sign more sales contracts with refiners; boost the transparency of the contracting process; and release its first financial reporting data for oil sales in a decade. (Civil society groups in Nigeria have since analyzed NNPC’s monthly disclosures in detail.) Upon request, we also advised NNPC directly on transparency and redesigning the swaps.

In the wake of these reforms, multiple jurisdictions began investigating some officials and companies involved in past deals for corruption. Several have already been charged in court. It is impossible to know the degree to which NRGI’s activities directly influenced these decisions, but the responses did mirror the recommendations closely and officials at the highest levels of government actively reviewed the NRGI report before making the decisions.

NRGI’s work on Nigerian oil sales—like the official reform process itself—is ongoing. We continue to track progress and dialogue with key stakeholders as NNPC makes more changes to its sales system. In early 2016, after we published a follow-up showing that the corporation was still retaining large amounts of oil sale earnings, its biggest withholdings shrank by nearly 50 percent over nine months. The piece drew attention from the public, the media and the highest levels of NNPC government, reinvigorating attention to these important financial flows. Two further blogs tracked the pros and cons of new oil sale contracting processes. We work with the NNPC to further improve its reporting through a global EITI process targeting oil sale transparency that NRGI helped initiate. In the coming year we intend to put out a review of NNPC’s latest swap deals and expand our research and advocacy to its fuel sale contracts, another area of where the treasury—and ultimately, Nigerian citizens—are chronically short-changed. The work in Nigeria has directly informed our campaign to push the governments of the U.K. and Switzerland to regulate greater reporting by the trading companies headquartered in their countries, an effort that made significant headway in 2016.

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Selling the Citizens' Oil

The sale of crude oil by national oil companies (NOCs) generates a large share of government revenue in oil-producing countries. NOC export sales bring in more than two-thirds of total government income in countries such as Angola, Azerbaijan, Congo-Brazzaville, Iraq, Saudi Arabia and Yemen. Even in Mexico and Norway—both oil countries with diversified economies—export sales equal around 15 percent of the national budget. At this scale, inefficient operations, manipulations of process or the unauthorized retention of funds by an NOC can reduce the resources available for public goods and services.

Revenue Watch researched how 11 countries sell the portion of oil produced that belongs to the government. The results are detailed in four policy briefs that recommend transparency, identify good sale practices and explain how oil sales and global oil prices work.

Many NOCs excel at their sale functions. However, as high oil prices further raise the stakes, presenting the opportunity for windfalls that could stimulate development in producing countries, now is the time to institute checks and balances that ensure transparency and good practices. Especially for developing countries with weak institutions, transparency and governance reforms can help ensure that NOC oil sales advance the long-term public interest.

This research was published simultaneously with the English edition of Commodities: Switzerland’s Most Dangerous Business, by the Berne Declaration. To learn more about the book and download a copy, go to www.evb.ch/en/commodities.

  • The Case for Transparency in National Oil Company Crude Sales
    Recommends full disclosure of oil sale transactions by NOCs and the companies that buy the oil, including the mandatory inclusion of these transactions in the Extractive Industries Transparency Initiative (EITI).
  • The Governance of Oil Sales: Early Lessons on Good Practice
    Identifies four crucial practices common to successful NOC oil sale systems, and how they enable the nation to capture best value for their crude while limiting opportunities for corruption.
  • How Governments Sell their Oil
    Provides a primer on how the various stages of NOC oil sales work.
  • When the Price Is Right
    Explains how global oil prices and the prices of specific grades of crude are identified and why they change over time.

 

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The Petroleum Industry Bill and the Future of NNPC

The 2012 Executive Draft of the Petroleum Industry Bill (2012 PIB) proposes to restructure the Nigerian National Petroleum Corporation (NNPC). This is potentially welcome, yet This report is based on comparative analysis of 12 national oil companies (NOCs) and NNPC’s current situation, this brief concludes that the 2012 PIB is unlikely to significantly advance the four goals of commercialization; sustainable finance; limited political interference in technical decisions and transparency and public accountability.

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Natural Resource Charter (2nd ed.)

The Natural Resource Charter is a set of principles to guide governments' and societies' use of natural resources so these economic opportunities result in maximum and sustained returns for a country's citizens. It outlines tools and policy options designed to avoid the mismanagement of diminishing natural riches, and ensure their ongoing benefits.

The charter is organized around 12 core precepts offering guidance on key decisions governments face, beginning with whether to extract resources and ending with how generated revenue can produce maximum good for citizens.

First launched in 2010 at the annual meetings of the International Monetary Fund and the World Bank, the charter was written by an independent group of practitioners and academics, under the governance of an oversight board composed of distinguished international figures with first-hand experience of the challenges faced by resource-rich countries. It relaunched at the 2014 Natural Resource Charter Conference in Oxford, England.

The charter's framework and body of experts form an integral part of the Natural Resource Governance Institute.

Read more about the framework and its applications around the world.

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