Kazakhstan Signals Early Review of Oil Production Sharing Agreements
The question of revisiting Kazakhstan’s production-sharing agreements (PSAs) with foreign oil companies is once again gaining prominence both within the country and internationally. While the Ministry of Energy is formally responsible for managing these contracts, growing pressure is coming not only from civil society but also directly from President Kassym-Jomart Tokayev, who has publicly questioned the long-standing terms of these deals since 2022. Confidential Terms, Public Scrutiny Recent revelations have further fueled this debate. The International Consortium of Investigative Journalists (ICIJ) recently detailed the ongoing arbitration dispute between Kazakhstan and the North Caspian Operating Company (NCOC), which manages the Kashagan field. The stakes are high: $160 billion is under contention. Yet what shocked the Kazakh public most was not the litigation itself, but that the state receives just 2% of the field’s profits, with a staggering 98% flowing to foreign stakeholders. Such findings offer context for why the Ministry of Energy is reluctant to release details of these 1990s-era agreements, originally negotiated with significant involvement from Kazakhstan’s first president, Nursultan Nazarbayev. In a recent court case, the ministry successfully blocked a lawsuit by Vadim Ni, founder of the Save the Caspian Sea movement, who demanded public disclosure of PSA terms affecting environmental interests in the Caspian. The ministry argued that Kazakhstan’s adherence to international confidentiality clauses is essential to avoid multibillion-dollar lawsuits and maintain its reputation as a stable investment destination. However, the ministry also emphasized that confidentiality does not shield violators from environmental penalties. Calls for transparency and revision have come from various quarters. Members of the Ak Zhol party and the Parasat Business Alliance have joined the chorus, urging the government to review the PSAs. In this context, President Tokayev’s consistent remarks suggest a coordinated state policy shift. A Change in Presidential Tone Tokayev first broached the subject in a 2022 interview with Russia 24, reflecting on the constraints Kazakhstan faced during the early years of independence. At the time, the country had no legal framework for foreign investment and had to rely on companies like Chevron to develop its energy sector. The president acknowledged the success of some ventures but also suggested the need for a “correction” to reflect current realities. Fast forward to 2023, and the government launched a $5 billion lawsuit against NCOC over alleged environmental violations. Although Kazakhstan has been temporarily barred from collecting the fines pending arbitration, the case marks a significant escalation. In April 2024, the Parasat Business Alliance held a public briefing demanding more local participation in procurement contracts tied to oil fields such as Karachaganak, Kashagan, and Tengiz. Kazakh companies reportedly receive less than 5% of $12 billion in annual procurements, a figure viewed as unacceptable by domestic businesses. By January 2025, Tokayev’s rhetoric had hardened. Speaking at an expanded government meeting, he instructed his cabinet to actively renegotiate PSA terms before their expiration. "The implementation of these agreements has helped Kazakhstan become a reliable global energy supplier,” he said, “but large investments require updated terms that benefit our nation.”...
11 months ago
