Tokayev Moves to Reclaim Kazakhstan’s Energy Future
In January 2025, Kazakhstan’s President Kassym-Jomart Tokayev instructed the government to seek revisions to the nation’s production-sharing agreements (PSAs). The first known result of that directive has now surfaced, with the International Consortium of Investigative Journalists (ICIJ) publishing a report regarding a confidential interim ruling in an arbitration case. According to this information, Kazakhstan is pursuing a $160 billion claim against the North Caspian Operating Company (NCOC), the consortium managing the Kashagan oil field. The ruling states that after royalty payments, NCOC receives 98% of remaining revenue from Kashagan’s output. The document concerns a narrower environmental dispute, but the 98% figure alters the landscape. The contract in question dates to the 1990s, when Kazakhstan — newly independent, fiscally constrained, and eager for technical expertise — entered into deals that prioritized attracting investment over securing long-term national benefit. The government now argues that those historical constraints no longer apply, while the revenue-sharing terms remain effectively frozen in place. Rather than seek unilateral redress or executive override, Tokayev’s administration has turned to arbitration. The venue, the Permanent Court of Arbitration in The Hague, and the legal framing mark a continuation of Kazakhstan’s methodical approach to reasserting national interests in its domestic political economy. This latest move cannot be understood as an isolated decision. It reflects a trajectory of state behavior extending back three decades. In the early 1990s, when Chevron’s bid for Tengiz was effectively imposed as a condition for U.S. bilateral assistance, Kazakhstan lacked both the leverage and the institutional competence to resist — a dynamic I analyzed in detail at the time. Chevron’s refusal to direct more than a token amount of investment to social infrastructure nearly sank the agreement. A similar dynamic surrounded the financing and structuring of the Caspian Pipeline Consortium (CPC). Kazakhstan’s attempts to assert greater influence were often thwarted, not least by the asymmetry of legal expertise and negotiating experience. That imbalance began to shift by the early 2000s. The creation of KazMunaiGas (KMG) in 2002 consolidated the state's participation in the energy sector and enabled its strategic action to become more coordinated. By 2003, Kazakhstan was insisting on conformity with international accounting standards at Tengiz, not only to ensure transparency but also to block attempts by foreign operators to defer investment obligations. Environmental enforcement became more assertive as well, with fines imposed on Tengizchevroil for massive open-air sulfur storage, a practice that had long provoked public concern. The Kashagan field, discovered in the late 1990s and described as the largest oil find since Alaska’s Prudhoe Bay in 1968, became the focal point of these tensions. From the outset, Kazakhstan’s participation in the consortium was marginal. A restructuring of the consortium in the early 2000s brought KMG back in, but cost overruns and delays continued. By 2007, the government had suspended work at Kashagan, citing both ecological violations and spiraling expenditures, in a sequence of events I traced contemporaneously during the legislative and consortium restructuring that followed. Amendments to the Law on the Subsurface followed, granting...
12 months ago
