by rockdoc123 » Tue 20 Dec 2016, 11:55:07
$this->bbcode_second_pass_quote('', 'Z') - As far as booking reserves by US pubcos the Mexican law has been a huge roadblock. Even if it's a good return for the US pubco they could not book any in ground reserves. It might seem like a minor technicality but not to the US govt's SEC: Mexican law stipulated that as long as the oil is in the reservoir it belongs to the Mexican govt. So even if the concession allows the US company to get 75% of the oil sales it cannot book $1 of Proved Unproduced Reserves...that oil belongs to the Mexican govt. The SEC does not recognize an asset unless the pubco has the title of ownership for the oil. Just like the title on your house: you don't own it until you have the title to it. Public companies live and die by how much Proved Unproduced Reserves they add to their books.
Doc may know: has that as aspect of Mexican law changed?
The SEC is somewhat vague, which has caused the biggest part of the problem. Up until late 2014 MX was subject to service agreements with foreign entities. Under those agreements you were paid a fee for conducting oil and gas activities on behalf of the MX government. You did not own the oil or the right to "lift" it but the biggest problem was you were not taking on any form of "risk" according to SEC viewpoint. After the constitutional change foreigners have a right to "lift" and sell oil, they still do not own it but because there is the provision for production sharing contracts and other forms of agreement where it is seen that the foreign entity is taking on risk and can sell oil for a percentage of the profit it is the viewpoint of pretty much all of the reserve audit companies I have spoken with (Ryder Scott, McDaniels, Gaffney Cline) that companies would be able to book reserves. It hasn't been tested yet of course and until that happens there is no guaranty but the reserve auditors feel confident. Note that in Canada you do not own the oil, nor in Algeria, Brazil, Indonesia, Malaysia, Qatar, UAE, Gabon, Nigeria....etc etc. As I've mentioned the US is one of the few countries where the operator and lease holder is actually deemed to own the oil. Ultimate ownership hasn't been the real problem with booking reserves but it has been blamed in the past due to a poor understanding of exactly what the SEC was asking for.