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Transcript of Wikborg Global Offshore Projects DEC15
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 113
1
Global Offshore Projects
December 2015
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2
2015 will go down in history as a difficult one or the offshore industry As the year
closes it remains uncertain what next year will bring but ew expect it to be good
news The challenges being aced in the oil and gas industry are perhaps illustrated
by the ailure o OPEC to make any real decisions at their meeting on 4 December and
little by way o urther action will be taken by OPEC until they meet again in June
2016 Faced with such a grim short term outlook most will need to remind themselvesthat a recovery is expected in the long term The difficult question is o course when
that recovery will start and what can be done in the meantime
In this newsletter we have given the task of crystal ball-gazing to Gavin Strachan of
Firth Petroleum He has made some interesting observations but not much positive news for
2016 We thank him for his informed contribution and interesting insights on the market
There is no doubt that the challenges in the offshore market are taking a particular
toll on oil service companies Many have tripped covenants in their loan agreements
and seen their share price all well below underlying asset values making implemen-
tation o a revised capital structure a much needed but difficult task The industry is
in survival mode where some will pull thorough and some inevitably will ail As in
previous downturns there will also be those players who are able to find opportunities
or growth through consolidations and acquisition o distressed assets and companies
To survive may require a search or opportunities and investments in new markets
In this newsletter we look at some o these potential markets whilst at the same
time addressing the risks that may be met along the way Iran may prove to be an
important market or the offshore industry but even i the sanctions are loosening
there are still knots to deal with Owners looking towards Nigeria will need to take
into account the increased ocus on local content requirements ndash the implications o
which are seen only too clearly by oreign contractors in Brazil these days Mexico
remains a region where there is substantial potential The implementation o the new
ramework is under development as the third licensing round commences this month
In their search or new markets some owners have been looking to the renewables
industry and or some this may provide some interesting opportunities However the
industry also aces its own challenges which cannot be overlooked
Chinese shipyards are continuing to take the brunt o the speculation in offshore
construction between 2012 and 2014 As owners o existing units are competing or work
new units continue to be delivered Cancellations are on the increase as are the list o
deaulting buyers who are unable to find the financing and employment needed to take
delivery It remains unclear how the additional capacity represented by these new units
is going to be absorbed Much hope has been placed at the door o Chinese financing
institutions but they are now taking a more cautious approach than previously
Although the short term remains a serious challenge ull o uncertainty it is to be
hoped that this may also be a period o opportunity or the companies able to take new
market position and weather the storm Inormed decisions about risks and opportuni-
ties will be imperative to ensure success
We hope that you will find our newsletter interesting and inormative
Dear friends and readers
Publisher WIKBORG REIN
Editor ANDREAS FJAEligRVOLL LARSEN
Cover photo ISTOCKPHOTO
Layout HELENE S LILLEBYE
Global Offshore Projects December 2015
This newsletter is produced by Wikborg Rein It provides a summary of the legal issues but is not
intended to give specific legal advice The situations described may not apply to your circumstances
If you require legal advice or have questions or comments please contact your usual contact person
at Wikborg Rein or any of the contact persons mentioned herein The information in this newsletter
may not be reproduced without the written permission of Wikborg Rein
Those hoping or some clear direction romOPEC were disappointed and the immediate effect o the
inaction was a urther all in the oil price
GLOBAL OFFSHORE PROJECTS DECEMBER 2015
4 When will the oil price rise
6 A time o opportunity
10 Brazil ndash troubled waters seem set to continue
12 Mexico ndash slow but steady opportunities
14 Iran ndash uncharted waters demanding care
16 Nigeria ndash an overdue dose o clarity required
18 China ndash a more cautious approach to financing
20 Offshore construction in China ndash a step too ar
22 Prospects or the European offshore wind industry ndash no good news
23 Wikborg Reinacutes Global Offshore Projects team
P H O T O 983098
E r
i k B u r 983269
s
P H O T O 983098
N i n 983137
R 983137 n g oslash y
Clare CalnanFinn Bjoslashrnstad
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4 5
trust between (two major OPEC countires) Shia Iran and Sunni
Saudi Arabia where a new regime is in place is non-existent
and the two are fighting a de acto war in Yemen
DIFFICULTIES IN GAUGING OIL SUPPLY
For a number o reasons there are difficulties in assessing
uture oil supply
bull the advent o US shale oil has resulted in a large completely
new sources o oil production - but one which will decline by
5 a month without constant investment 2016 production
will be well down as a result
bull OPEC is pumping 315m barrels a day compared with its
agreed output o 30m barrels a day
bull OPEC has internal disagreement as to how to proceed
although the Saudi action is winning the day at the momentbull how are the activities o Islamic State going to affect
production in Libya and Iraq
bull by how much and how quickly will Iranrsquos increase in
production come about afer the possible lifing o sanctions
bull 45m barrels o new production have been delayed as a
result o low oil prices How quickly will that become
important
OIL DEMAND IS IN FACT INCREASING FIRMLY
Cheap petroleum-based products resulting rom the oil price all
is leading to low inflation and a reduction in the cost o running
businesses Lower crude prices are also limiting increases in
interest rates This is all good or the world economy which is
the undamental driver o energy demand
Although some analysts suggest that demand is slipping
given Chinarsquos slowing economy the countryrsquos consumption
this year has increased by 6 according to China Oil Gas amp
Petrochemicals The EIA reports that oil demand worldwide is
up 13m barrels a day Others put global demand increases
even higher at 19m barrels a day
EXCESS OIL PRODUCTION CAPACITY
DOES NOT HAVE TO FALL FAR
The downturn is set to remain in place for some time But for how
long What few analysts currently take into consideration is the
amount of excess production capacity When it is reduced to some-
thing like 25 a strong market will result as was the case between
the late-1990s and mid-2000s Reservoir depletion running at
about 3m barrels of daily production each year and the increasing
demand for oil will bring about a sharp upturn in the oil price
Opinions vary as to when this will happen Many industry
experts eel that the worst is yet to come Goldman Sachs
predicts that the persisting supply glut is set to get even worse
and oil prices could all as low as $20 a barrel in coming months
On the other hand Barclays predicts the oil price will increase
to $60 a barrel by 2016 based on a demand growth rom 21m
barrels a day to almost 4m barrels The Bank o England model
suggests oil prices could rally quite substantially and probably
in the second hal o 2016
WESTERN OIL COMPANIESrsquo DILEMMA
There is one major problem that remains difficult or the industry
to resolve Western oil companies have in recent years beenorced to compete in high cost production rom rontier areas
and deepwater Although deepwater fields are economic at lower
levels than some imagine (analysis by Rystad o Oslo in late-2014
indicates that deepwater oilfields have a breakeven level between
$35 and $75 a barrel with an overall average breakeven price
o $53) and while deepwater costs have diminished in recent
months they still remain high cost environments Oil companies
will be slow to resume their activity in these high costs areas and
this could delay the recovery in deepwater drilling
THE SHORT TERM OUTLOOK IS BLEAK BUT
IT IS TIME TO LOOK TO THE FUTURE
Worldwide activity is much reduced Western oil companies
are in survival mode and many o the national oil companies
such as Pemex Saudi Aramco and Petrobras are cutting back
on activity the corruption scandal in Brazil contributing to
Petrobrasrsquo woes Oil companies and service companies alike
are reducing costs wherever they can Termination clauses in
contracts between oil companies and service companies have
always been important but are now particularly under ocus
The market will not pick up in 2016 Even though oil prices
might rise in the second hal o next year oil company budgets
are being agreed based on a low oil price environment and
surviving throughout the year Operators are looking at their
ree cash flow and will not start spending until they are assured
that the oil price will remain at good levels longer term
Those companies with liquidity will survive The oil
companiesrsquo priority will be to pay dividends as otherwise Wall
Street will take its money to those industries which do This
means that oil company MampA activity may be muted compared
with the 1990s but or the brave and well-heeled contractors
the time is coming to buy distressed assets
I 983090983088983089983093 there was some hope that the oilfield
market might pick up in time or a reasonable 2016 However
afer the summer break it was evident to all even the wishul
thinkers that it would not and that oil companies and service
companies alike would be severely affected by poor cash flow
and high financing costs Share prices and asset values have
tumbled and the utilisation o assets day rates and contract
terms agreed have substantially altered as reality hit home
This is the result o that ever-present problem o the
balance between oil supply and demand However this time
around there is one big difference market dynamics are much
more complex than in previous downturns making it harder to
orecast the uture
In the first Global Offshore Projects newsletter I looked at the
all in the oil price and its impact on drilling and showed that
bull as a result o having to pursue costly projects many western
oil companies were already in trouble even beore the oil price
began its all rom the June 2014 year-high o $115 a barrel
bull in 2014 Saudi Arabia believed that it was time or others
to shoulder the problems o world oversupply ndash learning
rom its mistake when it cut production at the expense o
its market share between 1981 and 1984 rom 96m barrels
a day to just 3m barrels
bull earlier this year the majority o producing fields were
surprisingly resilient to the low oil prices o the time Brent
was trading at about $55-$60 a barrel It is now around
$36-37 its lowest point since early 2009
bull at $60 a barrel costs in early-2015 needed cutting by $170
billion or 37 to maintain debt at 2014 levels Recent
price alls have exacerbated these figures
bull but longer term we need to start drilling again ndash and on
a big scale The global decline rom existing production
is 5 a year so by 2030 over hal o the worldrsquos existing
production will need replacing
RECENT OPEC MEETING DECIDED NOTHING
The OPEC meeting on 4 December 2015 ended in what can only
be called disarray Nothing was agreed by the member states
except to reconvene at the June 2016 meeting Expectations o
higher exports rom Iran in 2016 when sanctions are set to be
lifed was one reason why the organisation could not agree on
an output target
Those hoping or some clear direction rom OPEC were
disappointed and the immediate effect o the inaction was a
urther all in the oil price By deault or design the cartel has
remained on a course that pursues market share and restricts
an ultra-high oil price This is in spite o the act that Saudi
Arabia and other OPEC members need oil prices at $100 a barrel to
balance fiscal budgets However OPECrsquos biggest crude exporter
believes that the low price will knock out the threat rom shale
oil and in the longer term preserve its market share
OPEC TENSION
There is certainly disagreement between OPEC members They
are a disparate lot with varied capabilities and aspirations
There are three actions within the organisation
1 Saudi and its allies including UAE and Kuwait They have
low production costs and sizeable reserves and although
there is distinct cost-cutting going on the countries are
financially strong
2 Iran and Iraq which have their separate political problems
but have the potential to produce considerably more than
they are currently
3 The remainder who are struggling with the low oil price
and making ends meet particularly Venezuela and Nigeria
This is all against a background o increasing geo-political risk
in and around OPEC countries Not only is the Islamic State
encamped in parts o Libya and Iraq (both OPEC members)
WHEN WILL THEOIL PRICE RISE
BY GAVIN STRACHAN 9830801983081
Market dynamics are muchmore complex than in previousdownturns making it harder to
orecast the uture
(1) Gavin Strachan is an independent consultant providing market
intelligence Expert Witness opinion and due diligence expertise on the
offshore energy business in jurisdictions around the world
Contact email gavinfirthpetroleumcom
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6 7
P H O T O 983098
I s t o c
k p
h o
t o
A TIME OFOPPORTUNITY
T
combined with reduced investments and
contract awards is taking its toll on oil
service companies in the North Sea and
elsewhere For some though this may be a
time o opportunity when bargains may be
had This can generate attractive rewards
to the cash rich investor but there can be
risks and pitalls in acquiring a company
when it is on the ropes
These days oil service companies can
be in varying stages o distress rom a
negative cash flow situation that sooner
or later is bound to hurt the company
through to being in deault right up to
the point when a ormal court appointed
debt restructuring or bankruptcy process
is in place Time is o the essence as the
distressed business either has an imme-
diate need or assistance or has already
deaulted on its obligations
Beore approaching the target a poten-
tial buyer should take steps to address
certain issues I the acquisition is suc-
cessul and the target is acquired it may
trigger the cross deault provisions o the
buyerrsquos existing financing arrangements
So the buyer needs to ensure that its bal-
ance sheet and credit acilities are able to
absorb a distressed entity without a cross
deault or breach o its own financial cove-
nants on a consolidated basis A temporary
waiver rom the target companyrsquos banks
or bondholders in respect o on-going
deaults may be a necessary closing condi-
tion or the acquisition
I the target company is not listed the
buyer will have significant flexibility as
to how and when it will approach the
selling shareholder(s) and a bilateral
negotiation with the seller(s) can be
concluded as quickly as the parties are
able to reach an agreement Some com-
panies will already have been subject to
court-appointed processes in which case
the proceedings or selling the company
andor its assets may be fixed by law
which may add to the timeline
A listed company will in most cases
be subject to take-over regulations
imposed by the home state or stock
exchange On the Oslo Stock Exchange
a voluntary take-over offer usually takes
between our to six weeks to complete
(rom preparation o the offer document
until completion) and i the desired
acceptance level is not reached at the
expiry o the offer period it may take
additional time In the event the listed
company has a concentrated shareholder
structure a straight and quick block
trade acquisition o the majority o the
shares in the target company may be
possible in certain cases Such majority
acquisition will in most cases trigger a
mandatory take-over offer to the remain-
ing o the shareholders
The protection a buyer will be able
to obtain through a negotiated transac-
tion agreement may be less than one
would normally expect The seller o a
distressed company or o assets may be
unable to offer substantial warranties
I warranties are offered they are usu-
ally backed by the sellerrsquos balance sheet
which may have been inadequate to save
the distressed business in the first place
It is essential or potential buyers to be
prepared to undertake a thorough inves-
tigation o the target as any meaningul
recourse may prove difficult to obtain
In addition a seller will usually require
cash payment and the target may need
immediate unding through bridge loans
or other measures The buyer however
will usually not be able to get security
or its acquisition risk which may impact
its ability to raise urther financing
A buyer may need to enter into nego-
tiations with several interested parties
other than a seller For example holders
o secured debt may preer the opportu-
nity particularly in asset-backed cases
to enorce their security and take over
the asset ndash rather than contemplate
the sale o the asset to a third party
Otherwise a buyer may need to preserve
relationships with key customers and
suppliers and gauge whether they are
supportive o the potential acquisition
or whether the buyer risks that change
o control clauses are triggered and used
by such third parties to close or leverage
the relationship
Whilst there clearly are risks when
looking at distressed businesses there
is also an upside which the right buyer
may find opportunities to exploit
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8 9
P H O T O 983098
I s t o c
k p
h o
t o
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10 11
BRAZILndash troubled waters seem
set to continue
983090983088983089983093 or oil
service providers and particularly so or
those working in the Brazilian market
The Car Wash Probe continues and the
end o this corruption scandal which has
had severe implications or Petrobras
and the industry is still some way off
That aside Petrobras has also taken the
opportunity in the prevailing market
conditions to clean-up and optimise both
its rig portolio and the offshore support
fleets through the re-negotiation or can-
cellation o contracts
Although the outcome o these renego-
tiations have not generally been made
public the view is that at least nine rigs
have been taken out o the Brazilian
market over the last ew months either
as a result o a cancellations use o
avourable stand-by provisions or by
Petrobras not exercising options that
had previously been ldquobankedrdquo by the rig
owners Outright terminations have also
occurred usually on grounds that there
has been a ldquobreach o contractrdquo but
normally without urther explanation
Some o these terminations may have
links to the Car Wash Probe but this has
not been officially confirmed
Another 13 rigs currently employed
by Petrobras will come off contract in
2016 and it is not expected that any
o these contracts will be extended or
renewed In addition many contractors in
the Brazilian rig market appear to have
accepted amended terms in their existing contracts generally
by agreeing to reducing charter hire against an extension o
the contract period This exercise will result in substantial
short term savings or Petrobras but hopeully will also give
rig owners in Brazil some relie (and increased predictability)
going orward
At the same time Petrobras have increased their ocus
on their periodic assessment o the offshore support fleet in
accordance with the ANTAQ rules Petrobras is under an obli-
gation under the ANTAQ rules to regularly (and normally on
an annual basis) assess whether any oreign vessel chartered
or operations in Brazil can be replaced by a Brazilian owned
flagged vessel Under the rules Brazilian tonnage is to be given
priority This has resulted in increased prioritisation being
given by Petrobras to Brazilian owners and vessels and the ter-
mination o charters entered into with oreign owned vessels
Over the last ew months the need to secure annual renewal
o the ANTAQ license which previously had been viewed as a
mere ormality has created substantial uncertainty or a num-
ber o oreign OSV owners including those who have been long
term players in the Brazilian market and who have substantial
OSV fleets operating in Brazil Similar regulations apply in other
jurisdictions or example in Mexico but oreign owners may have
previously viewed this as a ldquosleepingrdquo provision This is no longer
the case and a number o oreign OSV owners in Brazil who are
hard pressed to find alternative employment or their vessels are
looking at possibilities or converting into a more Brazilian
fleet through either arranging bareboat charters to a Brazilian
entity and suspension o the current flagdual registration
However not all ship registries accept dual registration and
restructuring ofen raises adverse tax and other consequences
that need to be careully assessed It remains to be seen how
much o an impact the application o ANTAQ rules may have
on the total OSV fleet in Brazil and whether Petrobras will
continue to prioritise its ocus on this during 2016 P H O T O 983098
I s t o c
k p
h o
t o
It remains to be seen howmuch o an impact the
application o ANTAQ rulesmay have on the total OSV
fleet in Brazil
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12 13
P H O T O 983098
i s t o c
k p
h o
t o
W in the oil and
gas sector has created a challenging
environment or all including Pemex
the Mexican Energy reorm programme
is expected to create new opportunities
or those oil service providers who have
the will and capabilities to navigate
their way through the developing stages
o an emerging Mexican EampP industry
These opportunities arise as a result o
the Mexican Governmentrsquos decision to
invite oreign and private oil companies
to compete or blocks and licences off-
shore Mexico thus providing important
sources o new investment or the indus-
try Hopeully this will in the medium
term reduce the effects o Pemexrsquo
tightening liquidity recently leading
to a credit downgrade by Moodyrsquos and
expected to urther reduce investments
RECENT AUCTION PROCESSES
IN ROUND ONE
Following the implementation of the Energy
Reform in December 2014 the Mexican
Government announced the initial stages of
Round One of the public licence auctions
in which private entities were also able to
bid for the opportunity to perform explora-
tion and extraction activities in Mexico The
total investment including Pemexrsquos farm-
outs for Round One has been estimated
by the Mexican Government to be US$505
billion for the period 2015 - 2018
The blocks offered in the first and sec-
ond auctions launched by the National
Hydrocarbons Commission (ldquoNHCrdquo)
were presented under a Production
Sharing model and all o them presented
low geological risk with easy access to
the existing transport inrastructure
However since the offer came with strict
contractual requirements and a rather
high ldquogovernment take rdquo there was a poor
turnout at the auction Out o 14 possi-
ble blocks only two were awarded to a
consortium ormed by Sierra Oil amp Gas
Talos Energy and Premier Oil
In an attempt to attract more inter-
est the government altered the terms
o the second auction by reducing
the amount o the upront invest-
ment required by companies to bid and
increasing the size o the blocks availa-
ble This led to an increased interest and
in September 2015 the NHC awarded
three o five blocks orming part o the
auction to Eni SpA a consortium ormed
by Pan American Energy and EampP
Hidrocarburos y Servicios and a consor-
tium o Fieldwood Energy and Petrobal
The third auction is scheduled or 15
December 2015 and consists o 26 fields
which are to be awarded under a more
avourable licence model Considering
the characteristics o the fields and the
local content requirements (that are
slightly higher than or the two previous
auctions) there is reason to believe that
this bid presents good opportunities or
smaller and local participants to gain a
oothold in the process
Oil companies that are awarded blocks
during these auctions and enter into con-
tracts with the Mexican Government will
need to make firm commitments and will
be subject to firm deadlines by which they
need to meet their investments obliga-
tions Thus they will not have the opportu-
nity to postpone their obligations pending
an increase in the oil price With these
new entrants to the sector there should
be ample scope or oil service providers
to take advantage o increasing opportuni-
ties in a market that has been somewhat
passive or over 20 years The Mexican
market is opening up and this is expected
to continue to develop over the next ew
years notwithstanding the continuation o
a low oil price
I you are interested in obtaining additional
inormation on this matter please do not
hesitate to contact Santiago Sepuacutelveda
Yturbe ( santiagosepulvedacreelmx ) at
Creel Garciacutea-Cueacutellar Aiza y Enriacutequez
MEXICOndash slow but steady opportunities
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14 15
T in connection with Russia and
Iran differ in many ways The ormer are recent targeted andfixed or the oreseeable uture the latter long-standing broad
and likely soon to change With regard to Iran Adoption Day
under the 14 July Joint Comprehensive Plan o Action (ldquoJCPOArdquo)
arrived as expected on 18 October 2015 Now the International
Atomic Energy Agencyrsquos (ldquoIAEArdquo) verdict is awaited on the
nuclear inrastructure changes to which Iran has agreed That
might come in the second quarter o 2016 and IAEA approval
will bring with it Implementation Day - the lifing o nuclear-
related sanctions against Iran
The opportunities created by the lifing o sanctions against
Iran are obvious The country sits high on listings o proven oil
gas and mineral reserves and its economy craves oreign invest-
ment However the risks are considerable and the circumstances
unique ndash acres o sanction text and decades o trade embargo will
vanish at the same moment as part o an agreement centred on
preventing an ideologically different unpredictable and ofen hos-
tile regime rom developing nuclear weapons
In this highly complex environment great care will need to
be taken once sanctions against Iran are lifed First Iran ranks
130189 in the World Bankrsquos Ease o Doing Business Report
and 136175 on Transparency Internationalrsquos Corruption
Perceptions Index Compliance awareness procedures written
instructions contract terms verification audit enorcement
and remedy will all need to match the likely difficulties The
first task will be to explain and then to apply amiliar concepts
Thorough screening must continue to support anti-corruption
and to detect individuals and entities that remain proscribed
perhaps on account o human rights or even terrorism as it is
only the nuclear-related restrictions that will be lifed
Second what can be removed can be reinstated This is the
ldquosnap-backrdquo mechanism a core part o the reassurance under-
pinning the JCPOA This is a procedure not an instant fix Any
party alleging ault could start the dispute resolution process
and i a serious breach was made out against Iran then sanc-
tions would be re-imposed Perhaps then additional sanctions
would ollow but at the very least the neo-lawul would again
become unlawul This would not be retrospective so con-
tracts pre-dating ldquosnap-backrdquo could still be perormed but it
is easy to oresee difficulties or example with suppliers or
IRANndash uncharted waters demanding care
with intended subcontracts While not
actually expecting such developmentsparties should prepare Much might be
gained rom analysis o what would or
might happen on any ldquosnap-backrdquo and
ensuring that there are adequate provi-
sions in contracts to cover such an even-
tuality just in case
Third the US has only lifed sanc-
tions ldquodirected towards non-US per-
sonsrdquo Save where there is a specific
OFAC licence the sanctions will still
apply in ull to ldquoUS personsrdquo as defined
This means that any such persons must
be sealed rom any involvement in Iran
issues whether they are individuals or
companies owned or controlled in the
relevant ways The structure o a com-
pany should not present difficulty but
individual nationality status - or all
rom directors and other key decision-
makers through to clerical and ancillary
staff - might prove harder to establish
and ready assumption must not replace
proper enquiry The recent Schlumberger
and Deutsche Bank cases illustrate the
costly and other adverse consequences
o impermissible involvement o US
persons A provable system or finding
who they are and keeping them away
rom Iran-related matters needs to be in
place
Lifing nuclear-related sanctions
against Iran will undoubtedly create
great opportunities but the danger
areas offer serious challenges that will
require great care to be taken In all
aspects o any emerging trade with Iran
awareness must be heightened issues
identified due diligence perormed and
caution exercised P H O T O 983098
I s t o c
k p
h o
t o
In this highly complexenvironment great care
will need to be takenonce sanctions against
Iran are lifed
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16 17
area Where granted the license also has
a liespan o one year
The second requirement arises under
the Nigerian Oil and Gas Industry Content
Development Act o 2010 This Act
requires operators in the Nigerian oil and
gas industry to demonstrate that certain
minimum levels o Nigerian content is
used in their exploration and production
activities By way o example 65 o
the spend must be on Nigerian offshore
support vessels 55 on hire or drilling
rigs and 50 o the spend on production
units Even though the Act was passed
in 2010 the Nigerian authorities only
started to enorce these requirements in
2013 These requirements may similarly
be difficult to satisy or the operators
but in practice the main requirement
rom the supervisory Nigerian Content
Development Management Board (the
ldquoNCDMBrdquo) has been that the opera-
tors present a plan showing how they
plan to increase the Nigerian content in
their operations to the statutory mini-
mum requirements However NCMB
has also separately been pursuing a
marine vessel utilisation scheme which
seeks to achieve at least 60 ownership
o marine assets by Nigerian companies
by 2015 Owners o marine assets able to
demonstrate a higher level o Nigerian
content will accordingly have a competi-
tive advantage when tendering or con-
tracts in Nigeria
FUTURE DEVELOPMENTS
Following his election the new Nigerian
president Muhammadu Buhari has
introduced significant changes to the
Nigerian petroleum industry Mr Buhari
has assumed office as Nigeriarsquos new
oil minister he has replaced the entire
board o the state-run Nigerian National
Petroleum Corporation (ldquoNNPCrdquo) and
split the NNPC into two entities These
actions were taken as part o the new
presidentrsquos laudable aim to tackle the
substantial problems o corruption and
oil thefs within the oil industry
However in addition to these chal-
lenges there is also an urgent need or
the new administration to bring greater
clarity to the legal ramework applicable
to the Nigerian petroleum industry It is
anticipated that this task will be tackled
although it is expected that the changes
will be more conservative than progres-
sive Thus it is unlikely that any change
will see an end or serious reduction in the
local content requirements For some time
to come thereore owners o marine assets
will have to continue to take account o
the rather complex local content require-
ments when assessing business opportu-
nities in Nigeria
P H O T O 983098
I s t o c
k p
h o
t o
NIGERIA ndash an overdue doseo clarity required
I N authori-
ties have paid a great deal o attention
to compliance with the requirements or
local content relating to marine vessels
drilling units equipment and services
utilised in Nigeriarsquos oil and gas industry
However in order to attract international
investment and service providers there
is an urgent need or the recently elected
administration in Nigeria to create a
stable regulatory ramework through
which such investments and activities
can be carried out
CURRENT REGULATORY
FRAMEWORK
Owners wishing to utilise marine assets
in the offshore industry in Nigeria need
to take into account two main require-
ments regarding local content
The first is the Nigerian Coastal and
Inland Shipping (Cabotage) Act o 2003
This Act requires all vessels trading
between Nigerian ports or in Nigerian
waters (including in connection with
the exploration exploitation or trans-
portation o petroleum resources) to
be built by a Nigerian yard registered
in the name o a Nigerian company
owned by Nigerian shareholders to fly
the Nigerian flag and be manned only by
Nigerians These requirements apply to
vessels (including FPSOs) but there are
on-going cases in the Nigerian courts
regarding whether the Act applies to
drilling rigs and their operations I it
does then owners would need to obtain
waivers rom the three main require-
ments o the Act that they do not satisy
The ownership requirement may be
satisfied through a bareboat chartering
structure where a Nigerian company
bareboat charters a oreign vessel or a
minimum period o five years during
which period the vessel will be regis-
tered in the Nigerian Ship Register and
fly the Nigerian flag with simultaneous
suspension o the primary registration
o the oreign vessel The Cabotage Act
also provides or a system o waivers
whereby any o the three main Nigerian
content requirements may be waived
where no Nigerian capacity is available
or suitable However waivers relating to
ownership and manning requirements
are increasingly difficult to obtain due to
the increase in the number o Nigerian
owned vessels and Nigerian seaar-
ers On the other hand the waiver rom
the Nigerian build requirement is still
relatively easy to obtain due to the act
that there are very ew Nigerian ship-
yards with capability to construct the
type o vessels required Where waivers
are given they are valid or one year ndash
although they may be r enewed Foreign
vessels operating in the cabotage area
also require a licence in addition to the
waivers to operate within the cabotage
7232019 Wikborg Global Offshore Projects DEC15
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18 19
CHINA ndash a more cautious approach to fnancing
I C financial institutions have proved
to be an increasingly important source o capital or shipping
and offshore assets However difficult market conditions have
created challenges or the over-developed Chinese shipbuild-
ing industry and have dampened the enthusiasm o the Chinesefinancial markets Most Chinese banks and financial leasing
companies have become more cautious in their approach to the
financing o international shipping and offshore assets Despite
this China will continue to play an important role in financing
shipping and offshore transactions
INTERNATIONALISATION OF ldquoCHINESE SHIP FINANCErdquo
Traditionally Chinese banks supported Chinese owners and
yards but afer 2008 more and more financial institutions also
engaged with international owners This development ollowed
policy decisions by Chinese authorities encouraging amongst
other things the promotion o Shanghai as a global shipping
centre control o resources required or growth in the domestic
economy (including the fleet o vessels owned by Chinese state
owned entities) strategic links with resource rich countries and
general support or the Chinese shipbuilding industry
An important instrument in this development has been the
availability o Chinese export credit guarantees Export credit
arrangements have played a significant role as an instrument
which enables governments o many countries to support export-
ers and the importance o the Chinese export credit instructions is
a reflection o the growth o Chinese shipyards Various financing
products such as buyersrsquo or sellersrsquo credits and export credit insur-
ances have enriched the financing sources or Chinese ship or off-
shore unit exports and to a certain extent it has also contributed
to the prosperity o the Chinese shipyards
Another important development in the Chinese financing
arena has been the growth o Chinese leasing companies and
more than 1000 leasing companies have emerged during the
last ten years These companies provide unding through
ownership by way o ldquosale and leasebackrdquo ldquolease and purchaserdquo
or other similar arrangements with or without a purchase
option or the lessee Such arrangements may be attractive off-
balance-sheet alternatives to international owners by providing
more flexibility in deal structures and financing costs
THE NEXT STEPS
Chinese financing is no different rom financing or leasing arrange-
ments in other jurisdictions There are as in any jurisdiction
cultural aspects to be taken into account but the documentation
is similar to international transactions and industrial standards
(such as the LMA orms) and is ofen governed by English law
Chinese financing and leasing institutions were once
considered to be rather over eager to participate in financ-ing certain types o projects or assets but a clear trend in
todayrsquos market is that ownersrsquo backgrounds the economics
markets o assets and documentation underpinning projects
are required to undergo a detailed and thorough review beore
unds are committed This is particularly true within the
offshore segment where gloomy market conditions are casting
shadows onto the financing opportunities China Exim Bank has
on several occasions emphasised that they will give priority
to higher technology and higher value asset classes such as
LNG large containerships and eco-ships On the other hand
the Chinese unds are still available and rom many sources
but the competition between the Chinese financing institutions
to secure the good projects is fierce
The challenging conditions at Chinese shipyards are also
an important actor impacting the way orward or the Chinese
financing community The backlog o orders at the shipyards
includes a significant number o units that are to be delivered
into a market where employment rates are low This is an
environment where traditional shipping banks (and the capital
markets as a whole) may be reluctant to provide financing and
where the Chinese export credit agencies once again will need
to provide significant parts o the unding required The Chinese
export credit agencies have also expressed the need to guide
the shipping and shipbuilding sectors out o the current down-
turn but to what extent support is available may ultimately
turn on the political will o relevant authorities in respect o
the industry and asset class in question
The multiple aspects affecting Chinese ship and offshore
finance makes it difficult to predict how matters will develop
but Chinese financing institutions will continue to play an
important role in providing uture take-out financing or
refinancing o assets which in turn will have a significant
impact on the Chinese construction markets The expectation
is that such financing arrangements will become increasingly
complex and will involve elements o traditional bank unding
export credit leasing arrangements and other instruments The
question is thereore not so much whether Chinese financing
is still relevant but rather how to match the correct source o
unding with the right project through the best ramework P H O T O 983098
I l j 983137
H e n
d e
l
7232019 Wikborg Global Offshore Projects DEC15
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20 21
OFFSHORECONSTRUCTION
IN CHINAndash a step too ar
O Chinese shipyards have moved
inexorably into the offshore construction market and in
particular into the jack up market Progressing rom the
construction o smaller units a number o Chinese yards are
now heavily involved in the construction o larger and more
sophisticated jack ups At the start o 2015 60 jack up units
were scheduled to be delivered rom Chinese yards in 2015-
2016 This figure represents about 60 o all jack ups to be
delivered in 2015-2016 worldwide
To secure such dominance in the market the Chinese yards
have provided attractive payment packages to prospective
owners or example in some cases requiring a small down
payment o only 5 at the start o the construction process
with the remaining 95 being payable on delivery Given
that larger jack ups commanded a price tag o around US$230
million such payment terms enabled more buyers to enter the
market many o them on a speculative basis It is estimated
that over hal o the jack ups contracted or at Chinese yards
were contracted or at a time when the prospective owners did
not have the security o a drilling contract ndash which is typically
required in order to secure take out financing
This business model worked well or the Chinese yards in the
good years but with the alling oil price and the reduction in capi-
tal EampP budgets o oil companies the demand or such drilling rigs
has allen significantly and this has caused major problems or the
Chinese yards The oversupply in the market has led to contracts
being cancelled where the prospective owners no longer consider
the project to be economically viable Even established drilling
contractors are looking to delay delivery o uncommitted rigs into
2016 and 2017 in the hope that market conditions will improve
Faced with cancellations by companies against whom ofen the
Chinese yards have limited rights o recourse the situation that
the Chinese yards find themselves in is becoming increasingly
desperate Where requests or extensions in delivery dates are
being made Chinese yards appear to be prepared to accommodate
such requests However it remains to be seen whether the parties
can agree upon urther delays beyond the already extended deliv -
ery dates should market conditions remain bleak
At the same time the value o the rigs under construction
has allen significantly and where cancellations occur the
Chinese yards are lef with assets on their hands that are
continuing to decrease in value It is unlikely that the yards
will want to operate these rigs and consequently their uture
remains uncertain Such circumstances may create oppor-
tunities or other prospective purchasers who look to secure
high specification drilling rigs at a knock down price At present
though there is little evidence to suggest that Chinese yards
most affected by rig cancellations are willing to part with the
units or a price significantly below the contract price agreed
or the construction o the unit
In part this can be explained by the custom o Chinese
yards to take out insurance with companies such as Sinosure
to protect themselves against buyerrsquos deault which sees them
made whole even i a buyer walks away rom an uneconomic
project However there also appears to be a general reluctance
on the part o the yards to sell such assets at a significant
discount Other options being explored are joint ventures with
the yard to operate the rig (at least until such time as the yard
has earned back its construction costs) andor initially leasing
the rig rom the yard with a subsequent purchase option Time
will tell as to how successul these inventive solutions are in
enabling the Chinese yards to overcome their problems but it
is clear that even the most optimistic amongst them consider
there are some very hard times still to be endured
At the start o 2015 60 jackup units were scheduled to bedelivered rom Chinese yards
in 2015-2016 This figurerepresents about 60 o all jack ups to be delivered in
2015-2016 worldwide
7232019 Wikborg Global Offshore Projects DEC15
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22 23
WIKBORG REINrsquoS GLOBAL OFFSHORE PROJECTS TEAM
OSLO
Trond Eilertsen
Partner
teiwrno+47 901 99 186
+47 22 82 76 12
Are Zachariassen
Partner
azawrno+47 909 18 308
+47 22 82 76 72
Oddbjoslashrn Slinning
Partner
oslwrno+47 481 21 650
+47 22 82 75 14
Guy C Leonard
Senior Lawyer
gclwrno+47 977 35 003
+47 22 82 76 37
LONDON
Tormod Kloslashve
Senior Associate
tklwrno+81 90 3160 7668
+81 78 2721 777
BERGEN
Oslashystein Meland
Partner
omewrno+47 901 42 033
+47 55 21 52 75
Finn Bjoslashrnstad
Partner
fbjwrno+47 415 04 481
+47 22 82 76 11
Gaute Gjelsten
Partner
ggjwrno+47 995 23 535
+47 22 82 76 31
Oslashyvind Axe
Partner
axewrno+47 970 55 558
+47 55 21 52 71
Geir Ove Roslashberg
Partner
gorwrno+47 900 35 045
+47 55 21 52 65
Clare Calnan
Partner
clcwrcocouk+44 75 9560 7958
+44 20 7367 0304
Christian James-Olsen
Partner
colwrno+47 928 33 919
+47 55 21 52 70
Cecilie K Haltebrekke
Senior Lawyer
ckhwrno+47 416 49 158
+47 55 21 52 81
Jon Heimset
Partner
jhewrno+47 908 55 702
+47 55 21 52 72
SINGAPORE KOBE
Siri Wennevik
Partner
siwwrcomsg+65 9674 4906
+65 6496 8219
Robert Joiner
Partner
rajwrcomsg+65 8518 6239
+65 6496 8359
Ole Henrik Wille
Partner
owiwrcocouk+44 78 0351 4071
+44 20 7367 0326
Andreas Fjaeligrvoll-Larsen
Senior Lawyer
aflwrcocouk+44 77 1130 4251
+44 20 7367 0321
Rob Jardine-Brown
Partner
rjbwrcocouk+44 77 8572 2147
+44 20 7367 0305
Birgitte Karlsen
Partner
bkawrcocouk+44 75 2507 1742
+44 20 7367 0309
SHANGHAI
Ronin Zong
Partner
rlzwrcocomcn+86 138 1665 0656
+86 21 6339 0101
Chelsea Chen
Senior Lawyer
cchwrcocomcn+86 138 1687 8480
+86 210 6339 0101
Tormod Ludvik Nilsen
Partner
tlnwrcocomcn+86 216 3390 0101
+86 186 2194 4892
Jonathan C Page
Partner
jpawrcocouk+44 20 7367 0303
+44 71 3112 103
O one o the key
sources o renewable energy adopted
by European governments to meet
their commitments to mitigate climate
change and to decrease reliance on os-
sil uels in the coming years Despite
the offshore wind industry having flour-
ished in recent years the short-term
outlook or 2016 is set to see a sharp
decline in new grid connected offshore
wind capacity as compared to 2015 This
decline will affect all levels o the off-
shore wind supply chain
The sofening o the European offshore
wind market has also been compounded
by the recent slump in global oil prices
which has orced many North Sea oil
and gas companies to cut budgets and to
reeze all non-essential expenditure As
a result many maintenance brown field
enhancement and lie extension projects
in the North Sea oil and gas sector
originally scheduled or 2015 have been
temporarily halted and will likely only
now be sanctioned when the oil price
begins to stabilise at a realistic level
This has led to an oversupply o
vessels across both sectors resulting
in highly competitive rates in the off-
shore wind industry particularly on
less technically challenging projects
such as accommodation support WTG
commissioning and substation hook-up
and commissioning
The short term outlook is thereore
challenging and owners will need to
tighten their belts
The mid- to long-term outlook
however is more positive with demand
being expected to pick up in the
European offshore wind sector in late
2016 or early 2017 with approximately
20 GW o capacity expected to be added
between now and 2020 It is to be hoped
that this will bolster demand or vessels
in the European sector and hopeully
restore some equilibrium to vessel
rates
That said the extreme pressure both
rom governments and the industry itsel
to cut the capital costs o offshore wind
arm installation has resulted in devel-
opers increasingly seeking efficiencies
o scale and as a result many planned
projects will seek to utilise the new gen-
eration o larger 6-8MW turbines with
correspondingly larger oundations
The scale o these new projects will
thereore rule out many o the multi-
purpose vessels in the existing fleet o
offshore wind support vessels which
are ofen designed to perorm both oil
and gas maintenance and offshore wind
installation work A new generation
o purpose-build offshore wind arm
installation vessels will thereore be
required to meet demand
The newly delivered SEAJACKS
SCYLLA delivered rom Samsung
Heavy Industries Co Ltd to Seajacks
Group in November 2015 is one such
example and with a lif capacity o over
1500 tonnes SEAJACKS SCYLLA is
perectly placed to install the new larger
turbines and oundations
Whether other vessel owners will
ollow suit and place orders or vessels
with a similar lif capacity is yet to be
seen but with the worldrsquos shipyards
being desperate to increase their con-
tract backlog there may not be a better
time to place an order
PROSPECTS FOR THEEUROPEAN OFFSHORE
WIND INDUSTRY
991251 no good news
Despite the offshore windindustry having flourishedin recent years the short-
term outlook or 2016 is setto see a sharp decline in newgrid connected offshore wind
capacity as compared to 2015
7232019 Wikborg Global Offshore Projects DEC15
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Joe McGladdery
Partner
jmgwrcocouk+44 77 1311 3115
+44 20 7367 0302
OsloTel +47 22 82 75 00
Fax +47 22 82 75 01
oslowrno
BergenTel +47 55 21 52 00
Fax +47 55 21 52 01
bergenwrno
LondonTel +44 20 7367 0300
Fax +44 20 7367 0301
londonwrno
SingaporeTel +65 6438 4498
Fax +65 6438 4496
singaporewrno
ShanghaiTel +86 21 6339 010 1
Fax +86 21 6339 0606
shanghaiwrno
KobeTel +81 78 272 1777
Fax +81 78 272 1788
kobewrno
wwwwrno
7232019 Wikborg Global Offshore Projects DEC15
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2
2015 will go down in history as a difficult one or the offshore industry As the year
closes it remains uncertain what next year will bring but ew expect it to be good
news The challenges being aced in the oil and gas industry are perhaps illustrated
by the ailure o OPEC to make any real decisions at their meeting on 4 December and
little by way o urther action will be taken by OPEC until they meet again in June
2016 Faced with such a grim short term outlook most will need to remind themselvesthat a recovery is expected in the long term The difficult question is o course when
that recovery will start and what can be done in the meantime
In this newsletter we have given the task of crystal ball-gazing to Gavin Strachan of
Firth Petroleum He has made some interesting observations but not much positive news for
2016 We thank him for his informed contribution and interesting insights on the market
There is no doubt that the challenges in the offshore market are taking a particular
toll on oil service companies Many have tripped covenants in their loan agreements
and seen their share price all well below underlying asset values making implemen-
tation o a revised capital structure a much needed but difficult task The industry is
in survival mode where some will pull thorough and some inevitably will ail As in
previous downturns there will also be those players who are able to find opportunities
or growth through consolidations and acquisition o distressed assets and companies
To survive may require a search or opportunities and investments in new markets
In this newsletter we look at some o these potential markets whilst at the same
time addressing the risks that may be met along the way Iran may prove to be an
important market or the offshore industry but even i the sanctions are loosening
there are still knots to deal with Owners looking towards Nigeria will need to take
into account the increased ocus on local content requirements ndash the implications o
which are seen only too clearly by oreign contractors in Brazil these days Mexico
remains a region where there is substantial potential The implementation o the new
ramework is under development as the third licensing round commences this month
In their search or new markets some owners have been looking to the renewables
industry and or some this may provide some interesting opportunities However the
industry also aces its own challenges which cannot be overlooked
Chinese shipyards are continuing to take the brunt o the speculation in offshore
construction between 2012 and 2014 As owners o existing units are competing or work
new units continue to be delivered Cancellations are on the increase as are the list o
deaulting buyers who are unable to find the financing and employment needed to take
delivery It remains unclear how the additional capacity represented by these new units
is going to be absorbed Much hope has been placed at the door o Chinese financing
institutions but they are now taking a more cautious approach than previously
Although the short term remains a serious challenge ull o uncertainty it is to be
hoped that this may also be a period o opportunity or the companies able to take new
market position and weather the storm Inormed decisions about risks and opportuni-
ties will be imperative to ensure success
We hope that you will find our newsletter interesting and inormative
Dear friends and readers
Publisher WIKBORG REIN
Editor ANDREAS FJAEligRVOLL LARSEN
Cover photo ISTOCKPHOTO
Layout HELENE S LILLEBYE
Global Offshore Projects December 2015
This newsletter is produced by Wikborg Rein It provides a summary of the legal issues but is not
intended to give specific legal advice The situations described may not apply to your circumstances
If you require legal advice or have questions or comments please contact your usual contact person
at Wikborg Rein or any of the contact persons mentioned herein The information in this newsletter
may not be reproduced without the written permission of Wikborg Rein
Those hoping or some clear direction romOPEC were disappointed and the immediate effect o the
inaction was a urther all in the oil price
GLOBAL OFFSHORE PROJECTS DECEMBER 2015
4 When will the oil price rise
6 A time o opportunity
10 Brazil ndash troubled waters seem set to continue
12 Mexico ndash slow but steady opportunities
14 Iran ndash uncharted waters demanding care
16 Nigeria ndash an overdue dose o clarity required
18 China ndash a more cautious approach to financing
20 Offshore construction in China ndash a step too ar
22 Prospects or the European offshore wind industry ndash no good news
23 Wikborg Reinacutes Global Offshore Projects team
P H O T O 983098
E r
i k B u r 983269
s
P H O T O 983098
N i n 983137
R 983137 n g oslash y
Clare CalnanFinn Bjoslashrnstad
7232019 Wikborg Global Offshore Projects DEC15
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4 5
trust between (two major OPEC countires) Shia Iran and Sunni
Saudi Arabia where a new regime is in place is non-existent
and the two are fighting a de acto war in Yemen
DIFFICULTIES IN GAUGING OIL SUPPLY
For a number o reasons there are difficulties in assessing
uture oil supply
bull the advent o US shale oil has resulted in a large completely
new sources o oil production - but one which will decline by
5 a month without constant investment 2016 production
will be well down as a result
bull OPEC is pumping 315m barrels a day compared with its
agreed output o 30m barrels a day
bull OPEC has internal disagreement as to how to proceed
although the Saudi action is winning the day at the momentbull how are the activities o Islamic State going to affect
production in Libya and Iraq
bull by how much and how quickly will Iranrsquos increase in
production come about afer the possible lifing o sanctions
bull 45m barrels o new production have been delayed as a
result o low oil prices How quickly will that become
important
OIL DEMAND IS IN FACT INCREASING FIRMLY
Cheap petroleum-based products resulting rom the oil price all
is leading to low inflation and a reduction in the cost o running
businesses Lower crude prices are also limiting increases in
interest rates This is all good or the world economy which is
the undamental driver o energy demand
Although some analysts suggest that demand is slipping
given Chinarsquos slowing economy the countryrsquos consumption
this year has increased by 6 according to China Oil Gas amp
Petrochemicals The EIA reports that oil demand worldwide is
up 13m barrels a day Others put global demand increases
even higher at 19m barrels a day
EXCESS OIL PRODUCTION CAPACITY
DOES NOT HAVE TO FALL FAR
The downturn is set to remain in place for some time But for how
long What few analysts currently take into consideration is the
amount of excess production capacity When it is reduced to some-
thing like 25 a strong market will result as was the case between
the late-1990s and mid-2000s Reservoir depletion running at
about 3m barrels of daily production each year and the increasing
demand for oil will bring about a sharp upturn in the oil price
Opinions vary as to when this will happen Many industry
experts eel that the worst is yet to come Goldman Sachs
predicts that the persisting supply glut is set to get even worse
and oil prices could all as low as $20 a barrel in coming months
On the other hand Barclays predicts the oil price will increase
to $60 a barrel by 2016 based on a demand growth rom 21m
barrels a day to almost 4m barrels The Bank o England model
suggests oil prices could rally quite substantially and probably
in the second hal o 2016
WESTERN OIL COMPANIESrsquo DILEMMA
There is one major problem that remains difficult or the industry
to resolve Western oil companies have in recent years beenorced to compete in high cost production rom rontier areas
and deepwater Although deepwater fields are economic at lower
levels than some imagine (analysis by Rystad o Oslo in late-2014
indicates that deepwater oilfields have a breakeven level between
$35 and $75 a barrel with an overall average breakeven price
o $53) and while deepwater costs have diminished in recent
months they still remain high cost environments Oil companies
will be slow to resume their activity in these high costs areas and
this could delay the recovery in deepwater drilling
THE SHORT TERM OUTLOOK IS BLEAK BUT
IT IS TIME TO LOOK TO THE FUTURE
Worldwide activity is much reduced Western oil companies
are in survival mode and many o the national oil companies
such as Pemex Saudi Aramco and Petrobras are cutting back
on activity the corruption scandal in Brazil contributing to
Petrobrasrsquo woes Oil companies and service companies alike
are reducing costs wherever they can Termination clauses in
contracts between oil companies and service companies have
always been important but are now particularly under ocus
The market will not pick up in 2016 Even though oil prices
might rise in the second hal o next year oil company budgets
are being agreed based on a low oil price environment and
surviving throughout the year Operators are looking at their
ree cash flow and will not start spending until they are assured
that the oil price will remain at good levels longer term
Those companies with liquidity will survive The oil
companiesrsquo priority will be to pay dividends as otherwise Wall
Street will take its money to those industries which do This
means that oil company MampA activity may be muted compared
with the 1990s but or the brave and well-heeled contractors
the time is coming to buy distressed assets
I 983090983088983089983093 there was some hope that the oilfield
market might pick up in time or a reasonable 2016 However
afer the summer break it was evident to all even the wishul
thinkers that it would not and that oil companies and service
companies alike would be severely affected by poor cash flow
and high financing costs Share prices and asset values have
tumbled and the utilisation o assets day rates and contract
terms agreed have substantially altered as reality hit home
This is the result o that ever-present problem o the
balance between oil supply and demand However this time
around there is one big difference market dynamics are much
more complex than in previous downturns making it harder to
orecast the uture
In the first Global Offshore Projects newsletter I looked at the
all in the oil price and its impact on drilling and showed that
bull as a result o having to pursue costly projects many western
oil companies were already in trouble even beore the oil price
began its all rom the June 2014 year-high o $115 a barrel
bull in 2014 Saudi Arabia believed that it was time or others
to shoulder the problems o world oversupply ndash learning
rom its mistake when it cut production at the expense o
its market share between 1981 and 1984 rom 96m barrels
a day to just 3m barrels
bull earlier this year the majority o producing fields were
surprisingly resilient to the low oil prices o the time Brent
was trading at about $55-$60 a barrel It is now around
$36-37 its lowest point since early 2009
bull at $60 a barrel costs in early-2015 needed cutting by $170
billion or 37 to maintain debt at 2014 levels Recent
price alls have exacerbated these figures
bull but longer term we need to start drilling again ndash and on
a big scale The global decline rom existing production
is 5 a year so by 2030 over hal o the worldrsquos existing
production will need replacing
RECENT OPEC MEETING DECIDED NOTHING
The OPEC meeting on 4 December 2015 ended in what can only
be called disarray Nothing was agreed by the member states
except to reconvene at the June 2016 meeting Expectations o
higher exports rom Iran in 2016 when sanctions are set to be
lifed was one reason why the organisation could not agree on
an output target
Those hoping or some clear direction rom OPEC were
disappointed and the immediate effect o the inaction was a
urther all in the oil price By deault or design the cartel has
remained on a course that pursues market share and restricts
an ultra-high oil price This is in spite o the act that Saudi
Arabia and other OPEC members need oil prices at $100 a barrel to
balance fiscal budgets However OPECrsquos biggest crude exporter
believes that the low price will knock out the threat rom shale
oil and in the longer term preserve its market share
OPEC TENSION
There is certainly disagreement between OPEC members They
are a disparate lot with varied capabilities and aspirations
There are three actions within the organisation
1 Saudi and its allies including UAE and Kuwait They have
low production costs and sizeable reserves and although
there is distinct cost-cutting going on the countries are
financially strong
2 Iran and Iraq which have their separate political problems
but have the potential to produce considerably more than
they are currently
3 The remainder who are struggling with the low oil price
and making ends meet particularly Venezuela and Nigeria
This is all against a background o increasing geo-political risk
in and around OPEC countries Not only is the Islamic State
encamped in parts o Libya and Iraq (both OPEC members)
WHEN WILL THEOIL PRICE RISE
BY GAVIN STRACHAN 9830801983081
Market dynamics are muchmore complex than in previousdownturns making it harder to
orecast the uture
(1) Gavin Strachan is an independent consultant providing market
intelligence Expert Witness opinion and due diligence expertise on the
offshore energy business in jurisdictions around the world
Contact email gavinfirthpetroleumcom
7232019 Wikborg Global Offshore Projects DEC15
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6 7
P H O T O 983098
I s t o c
k p
h o
t o
A TIME OFOPPORTUNITY
T
combined with reduced investments and
contract awards is taking its toll on oil
service companies in the North Sea and
elsewhere For some though this may be a
time o opportunity when bargains may be
had This can generate attractive rewards
to the cash rich investor but there can be
risks and pitalls in acquiring a company
when it is on the ropes
These days oil service companies can
be in varying stages o distress rom a
negative cash flow situation that sooner
or later is bound to hurt the company
through to being in deault right up to
the point when a ormal court appointed
debt restructuring or bankruptcy process
is in place Time is o the essence as the
distressed business either has an imme-
diate need or assistance or has already
deaulted on its obligations
Beore approaching the target a poten-
tial buyer should take steps to address
certain issues I the acquisition is suc-
cessul and the target is acquired it may
trigger the cross deault provisions o the
buyerrsquos existing financing arrangements
So the buyer needs to ensure that its bal-
ance sheet and credit acilities are able to
absorb a distressed entity without a cross
deault or breach o its own financial cove-
nants on a consolidated basis A temporary
waiver rom the target companyrsquos banks
or bondholders in respect o on-going
deaults may be a necessary closing condi-
tion or the acquisition
I the target company is not listed the
buyer will have significant flexibility as
to how and when it will approach the
selling shareholder(s) and a bilateral
negotiation with the seller(s) can be
concluded as quickly as the parties are
able to reach an agreement Some com-
panies will already have been subject to
court-appointed processes in which case
the proceedings or selling the company
andor its assets may be fixed by law
which may add to the timeline
A listed company will in most cases
be subject to take-over regulations
imposed by the home state or stock
exchange On the Oslo Stock Exchange
a voluntary take-over offer usually takes
between our to six weeks to complete
(rom preparation o the offer document
until completion) and i the desired
acceptance level is not reached at the
expiry o the offer period it may take
additional time In the event the listed
company has a concentrated shareholder
structure a straight and quick block
trade acquisition o the majority o the
shares in the target company may be
possible in certain cases Such majority
acquisition will in most cases trigger a
mandatory take-over offer to the remain-
ing o the shareholders
The protection a buyer will be able
to obtain through a negotiated transac-
tion agreement may be less than one
would normally expect The seller o a
distressed company or o assets may be
unable to offer substantial warranties
I warranties are offered they are usu-
ally backed by the sellerrsquos balance sheet
which may have been inadequate to save
the distressed business in the first place
It is essential or potential buyers to be
prepared to undertake a thorough inves-
tigation o the target as any meaningul
recourse may prove difficult to obtain
In addition a seller will usually require
cash payment and the target may need
immediate unding through bridge loans
or other measures The buyer however
will usually not be able to get security
or its acquisition risk which may impact
its ability to raise urther financing
A buyer may need to enter into nego-
tiations with several interested parties
other than a seller For example holders
o secured debt may preer the opportu-
nity particularly in asset-backed cases
to enorce their security and take over
the asset ndash rather than contemplate
the sale o the asset to a third party
Otherwise a buyer may need to preserve
relationships with key customers and
suppliers and gauge whether they are
supportive o the potential acquisition
or whether the buyer risks that change
o control clauses are triggered and used
by such third parties to close or leverage
the relationship
Whilst there clearly are risks when
looking at distressed businesses there
is also an upside which the right buyer
may find opportunities to exploit
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8 9
P H O T O 983098
I s t o c
k p
h o
t o
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10 11
BRAZILndash troubled waters seem
set to continue
983090983088983089983093 or oil
service providers and particularly so or
those working in the Brazilian market
The Car Wash Probe continues and the
end o this corruption scandal which has
had severe implications or Petrobras
and the industry is still some way off
That aside Petrobras has also taken the
opportunity in the prevailing market
conditions to clean-up and optimise both
its rig portolio and the offshore support
fleets through the re-negotiation or can-
cellation o contracts
Although the outcome o these renego-
tiations have not generally been made
public the view is that at least nine rigs
have been taken out o the Brazilian
market over the last ew months either
as a result o a cancellations use o
avourable stand-by provisions or by
Petrobras not exercising options that
had previously been ldquobankedrdquo by the rig
owners Outright terminations have also
occurred usually on grounds that there
has been a ldquobreach o contractrdquo but
normally without urther explanation
Some o these terminations may have
links to the Car Wash Probe but this has
not been officially confirmed
Another 13 rigs currently employed
by Petrobras will come off contract in
2016 and it is not expected that any
o these contracts will be extended or
renewed In addition many contractors in
the Brazilian rig market appear to have
accepted amended terms in their existing contracts generally
by agreeing to reducing charter hire against an extension o
the contract period This exercise will result in substantial
short term savings or Petrobras but hopeully will also give
rig owners in Brazil some relie (and increased predictability)
going orward
At the same time Petrobras have increased their ocus
on their periodic assessment o the offshore support fleet in
accordance with the ANTAQ rules Petrobras is under an obli-
gation under the ANTAQ rules to regularly (and normally on
an annual basis) assess whether any oreign vessel chartered
or operations in Brazil can be replaced by a Brazilian owned
flagged vessel Under the rules Brazilian tonnage is to be given
priority This has resulted in increased prioritisation being
given by Petrobras to Brazilian owners and vessels and the ter-
mination o charters entered into with oreign owned vessels
Over the last ew months the need to secure annual renewal
o the ANTAQ license which previously had been viewed as a
mere ormality has created substantial uncertainty or a num-
ber o oreign OSV owners including those who have been long
term players in the Brazilian market and who have substantial
OSV fleets operating in Brazil Similar regulations apply in other
jurisdictions or example in Mexico but oreign owners may have
previously viewed this as a ldquosleepingrdquo provision This is no longer
the case and a number o oreign OSV owners in Brazil who are
hard pressed to find alternative employment or their vessels are
looking at possibilities or converting into a more Brazilian
fleet through either arranging bareboat charters to a Brazilian
entity and suspension o the current flagdual registration
However not all ship registries accept dual registration and
restructuring ofen raises adverse tax and other consequences
that need to be careully assessed It remains to be seen how
much o an impact the application o ANTAQ rules may have
on the total OSV fleet in Brazil and whether Petrobras will
continue to prioritise its ocus on this during 2016 P H O T O 983098
I s t o c
k p
h o
t o
It remains to be seen howmuch o an impact the
application o ANTAQ rulesmay have on the total OSV
fleet in Brazil
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12 13
P H O T O 983098
i s t o c
k p
h o
t o
W in the oil and
gas sector has created a challenging
environment or all including Pemex
the Mexican Energy reorm programme
is expected to create new opportunities
or those oil service providers who have
the will and capabilities to navigate
their way through the developing stages
o an emerging Mexican EampP industry
These opportunities arise as a result o
the Mexican Governmentrsquos decision to
invite oreign and private oil companies
to compete or blocks and licences off-
shore Mexico thus providing important
sources o new investment or the indus-
try Hopeully this will in the medium
term reduce the effects o Pemexrsquo
tightening liquidity recently leading
to a credit downgrade by Moodyrsquos and
expected to urther reduce investments
RECENT AUCTION PROCESSES
IN ROUND ONE
Following the implementation of the Energy
Reform in December 2014 the Mexican
Government announced the initial stages of
Round One of the public licence auctions
in which private entities were also able to
bid for the opportunity to perform explora-
tion and extraction activities in Mexico The
total investment including Pemexrsquos farm-
outs for Round One has been estimated
by the Mexican Government to be US$505
billion for the period 2015 - 2018
The blocks offered in the first and sec-
ond auctions launched by the National
Hydrocarbons Commission (ldquoNHCrdquo)
were presented under a Production
Sharing model and all o them presented
low geological risk with easy access to
the existing transport inrastructure
However since the offer came with strict
contractual requirements and a rather
high ldquogovernment take rdquo there was a poor
turnout at the auction Out o 14 possi-
ble blocks only two were awarded to a
consortium ormed by Sierra Oil amp Gas
Talos Energy and Premier Oil
In an attempt to attract more inter-
est the government altered the terms
o the second auction by reducing
the amount o the upront invest-
ment required by companies to bid and
increasing the size o the blocks availa-
ble This led to an increased interest and
in September 2015 the NHC awarded
three o five blocks orming part o the
auction to Eni SpA a consortium ormed
by Pan American Energy and EampP
Hidrocarburos y Servicios and a consor-
tium o Fieldwood Energy and Petrobal
The third auction is scheduled or 15
December 2015 and consists o 26 fields
which are to be awarded under a more
avourable licence model Considering
the characteristics o the fields and the
local content requirements (that are
slightly higher than or the two previous
auctions) there is reason to believe that
this bid presents good opportunities or
smaller and local participants to gain a
oothold in the process
Oil companies that are awarded blocks
during these auctions and enter into con-
tracts with the Mexican Government will
need to make firm commitments and will
be subject to firm deadlines by which they
need to meet their investments obliga-
tions Thus they will not have the opportu-
nity to postpone their obligations pending
an increase in the oil price With these
new entrants to the sector there should
be ample scope or oil service providers
to take advantage o increasing opportuni-
ties in a market that has been somewhat
passive or over 20 years The Mexican
market is opening up and this is expected
to continue to develop over the next ew
years notwithstanding the continuation o
a low oil price
I you are interested in obtaining additional
inormation on this matter please do not
hesitate to contact Santiago Sepuacutelveda
Yturbe ( santiagosepulvedacreelmx ) at
Creel Garciacutea-Cueacutellar Aiza y Enriacutequez
MEXICOndash slow but steady opportunities
7232019 Wikborg Global Offshore Projects DEC15
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14 15
T in connection with Russia and
Iran differ in many ways The ormer are recent targeted andfixed or the oreseeable uture the latter long-standing broad
and likely soon to change With regard to Iran Adoption Day
under the 14 July Joint Comprehensive Plan o Action (ldquoJCPOArdquo)
arrived as expected on 18 October 2015 Now the International
Atomic Energy Agencyrsquos (ldquoIAEArdquo) verdict is awaited on the
nuclear inrastructure changes to which Iran has agreed That
might come in the second quarter o 2016 and IAEA approval
will bring with it Implementation Day - the lifing o nuclear-
related sanctions against Iran
The opportunities created by the lifing o sanctions against
Iran are obvious The country sits high on listings o proven oil
gas and mineral reserves and its economy craves oreign invest-
ment However the risks are considerable and the circumstances
unique ndash acres o sanction text and decades o trade embargo will
vanish at the same moment as part o an agreement centred on
preventing an ideologically different unpredictable and ofen hos-
tile regime rom developing nuclear weapons
In this highly complex environment great care will need to
be taken once sanctions against Iran are lifed First Iran ranks
130189 in the World Bankrsquos Ease o Doing Business Report
and 136175 on Transparency Internationalrsquos Corruption
Perceptions Index Compliance awareness procedures written
instructions contract terms verification audit enorcement
and remedy will all need to match the likely difficulties The
first task will be to explain and then to apply amiliar concepts
Thorough screening must continue to support anti-corruption
and to detect individuals and entities that remain proscribed
perhaps on account o human rights or even terrorism as it is
only the nuclear-related restrictions that will be lifed
Second what can be removed can be reinstated This is the
ldquosnap-backrdquo mechanism a core part o the reassurance under-
pinning the JCPOA This is a procedure not an instant fix Any
party alleging ault could start the dispute resolution process
and i a serious breach was made out against Iran then sanc-
tions would be re-imposed Perhaps then additional sanctions
would ollow but at the very least the neo-lawul would again
become unlawul This would not be retrospective so con-
tracts pre-dating ldquosnap-backrdquo could still be perormed but it
is easy to oresee difficulties or example with suppliers or
IRANndash uncharted waters demanding care
with intended subcontracts While not
actually expecting such developmentsparties should prepare Much might be
gained rom analysis o what would or
might happen on any ldquosnap-backrdquo and
ensuring that there are adequate provi-
sions in contracts to cover such an even-
tuality just in case
Third the US has only lifed sanc-
tions ldquodirected towards non-US per-
sonsrdquo Save where there is a specific
OFAC licence the sanctions will still
apply in ull to ldquoUS personsrdquo as defined
This means that any such persons must
be sealed rom any involvement in Iran
issues whether they are individuals or
companies owned or controlled in the
relevant ways The structure o a com-
pany should not present difficulty but
individual nationality status - or all
rom directors and other key decision-
makers through to clerical and ancillary
staff - might prove harder to establish
and ready assumption must not replace
proper enquiry The recent Schlumberger
and Deutsche Bank cases illustrate the
costly and other adverse consequences
o impermissible involvement o US
persons A provable system or finding
who they are and keeping them away
rom Iran-related matters needs to be in
place
Lifing nuclear-related sanctions
against Iran will undoubtedly create
great opportunities but the danger
areas offer serious challenges that will
require great care to be taken In all
aspects o any emerging trade with Iran
awareness must be heightened issues
identified due diligence perormed and
caution exercised P H O T O 983098
I s t o c
k p
h o
t o
In this highly complexenvironment great care
will need to be takenonce sanctions against
Iran are lifed
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16 17
area Where granted the license also has
a liespan o one year
The second requirement arises under
the Nigerian Oil and Gas Industry Content
Development Act o 2010 This Act
requires operators in the Nigerian oil and
gas industry to demonstrate that certain
minimum levels o Nigerian content is
used in their exploration and production
activities By way o example 65 o
the spend must be on Nigerian offshore
support vessels 55 on hire or drilling
rigs and 50 o the spend on production
units Even though the Act was passed
in 2010 the Nigerian authorities only
started to enorce these requirements in
2013 These requirements may similarly
be difficult to satisy or the operators
but in practice the main requirement
rom the supervisory Nigerian Content
Development Management Board (the
ldquoNCDMBrdquo) has been that the opera-
tors present a plan showing how they
plan to increase the Nigerian content in
their operations to the statutory mini-
mum requirements However NCMB
has also separately been pursuing a
marine vessel utilisation scheme which
seeks to achieve at least 60 ownership
o marine assets by Nigerian companies
by 2015 Owners o marine assets able to
demonstrate a higher level o Nigerian
content will accordingly have a competi-
tive advantage when tendering or con-
tracts in Nigeria
FUTURE DEVELOPMENTS
Following his election the new Nigerian
president Muhammadu Buhari has
introduced significant changes to the
Nigerian petroleum industry Mr Buhari
has assumed office as Nigeriarsquos new
oil minister he has replaced the entire
board o the state-run Nigerian National
Petroleum Corporation (ldquoNNPCrdquo) and
split the NNPC into two entities These
actions were taken as part o the new
presidentrsquos laudable aim to tackle the
substantial problems o corruption and
oil thefs within the oil industry
However in addition to these chal-
lenges there is also an urgent need or
the new administration to bring greater
clarity to the legal ramework applicable
to the Nigerian petroleum industry It is
anticipated that this task will be tackled
although it is expected that the changes
will be more conservative than progres-
sive Thus it is unlikely that any change
will see an end or serious reduction in the
local content requirements For some time
to come thereore owners o marine assets
will have to continue to take account o
the rather complex local content require-
ments when assessing business opportu-
nities in Nigeria
P H O T O 983098
I s t o c
k p
h o
t o
NIGERIA ndash an overdue doseo clarity required
I N authori-
ties have paid a great deal o attention
to compliance with the requirements or
local content relating to marine vessels
drilling units equipment and services
utilised in Nigeriarsquos oil and gas industry
However in order to attract international
investment and service providers there
is an urgent need or the recently elected
administration in Nigeria to create a
stable regulatory ramework through
which such investments and activities
can be carried out
CURRENT REGULATORY
FRAMEWORK
Owners wishing to utilise marine assets
in the offshore industry in Nigeria need
to take into account two main require-
ments regarding local content
The first is the Nigerian Coastal and
Inland Shipping (Cabotage) Act o 2003
This Act requires all vessels trading
between Nigerian ports or in Nigerian
waters (including in connection with
the exploration exploitation or trans-
portation o petroleum resources) to
be built by a Nigerian yard registered
in the name o a Nigerian company
owned by Nigerian shareholders to fly
the Nigerian flag and be manned only by
Nigerians These requirements apply to
vessels (including FPSOs) but there are
on-going cases in the Nigerian courts
regarding whether the Act applies to
drilling rigs and their operations I it
does then owners would need to obtain
waivers rom the three main require-
ments o the Act that they do not satisy
The ownership requirement may be
satisfied through a bareboat chartering
structure where a Nigerian company
bareboat charters a oreign vessel or a
minimum period o five years during
which period the vessel will be regis-
tered in the Nigerian Ship Register and
fly the Nigerian flag with simultaneous
suspension o the primary registration
o the oreign vessel The Cabotage Act
also provides or a system o waivers
whereby any o the three main Nigerian
content requirements may be waived
where no Nigerian capacity is available
or suitable However waivers relating to
ownership and manning requirements
are increasingly difficult to obtain due to
the increase in the number o Nigerian
owned vessels and Nigerian seaar-
ers On the other hand the waiver rom
the Nigerian build requirement is still
relatively easy to obtain due to the act
that there are very ew Nigerian ship-
yards with capability to construct the
type o vessels required Where waivers
are given they are valid or one year ndash
although they may be r enewed Foreign
vessels operating in the cabotage area
also require a licence in addition to the
waivers to operate within the cabotage
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18 19
CHINA ndash a more cautious approach to fnancing
I C financial institutions have proved
to be an increasingly important source o capital or shipping
and offshore assets However difficult market conditions have
created challenges or the over-developed Chinese shipbuild-
ing industry and have dampened the enthusiasm o the Chinesefinancial markets Most Chinese banks and financial leasing
companies have become more cautious in their approach to the
financing o international shipping and offshore assets Despite
this China will continue to play an important role in financing
shipping and offshore transactions
INTERNATIONALISATION OF ldquoCHINESE SHIP FINANCErdquo
Traditionally Chinese banks supported Chinese owners and
yards but afer 2008 more and more financial institutions also
engaged with international owners This development ollowed
policy decisions by Chinese authorities encouraging amongst
other things the promotion o Shanghai as a global shipping
centre control o resources required or growth in the domestic
economy (including the fleet o vessels owned by Chinese state
owned entities) strategic links with resource rich countries and
general support or the Chinese shipbuilding industry
An important instrument in this development has been the
availability o Chinese export credit guarantees Export credit
arrangements have played a significant role as an instrument
which enables governments o many countries to support export-
ers and the importance o the Chinese export credit instructions is
a reflection o the growth o Chinese shipyards Various financing
products such as buyersrsquo or sellersrsquo credits and export credit insur-
ances have enriched the financing sources or Chinese ship or off-
shore unit exports and to a certain extent it has also contributed
to the prosperity o the Chinese shipyards
Another important development in the Chinese financing
arena has been the growth o Chinese leasing companies and
more than 1000 leasing companies have emerged during the
last ten years These companies provide unding through
ownership by way o ldquosale and leasebackrdquo ldquolease and purchaserdquo
or other similar arrangements with or without a purchase
option or the lessee Such arrangements may be attractive off-
balance-sheet alternatives to international owners by providing
more flexibility in deal structures and financing costs
THE NEXT STEPS
Chinese financing is no different rom financing or leasing arrange-
ments in other jurisdictions There are as in any jurisdiction
cultural aspects to be taken into account but the documentation
is similar to international transactions and industrial standards
(such as the LMA orms) and is ofen governed by English law
Chinese financing and leasing institutions were once
considered to be rather over eager to participate in financ-ing certain types o projects or assets but a clear trend in
todayrsquos market is that ownersrsquo backgrounds the economics
markets o assets and documentation underpinning projects
are required to undergo a detailed and thorough review beore
unds are committed This is particularly true within the
offshore segment where gloomy market conditions are casting
shadows onto the financing opportunities China Exim Bank has
on several occasions emphasised that they will give priority
to higher technology and higher value asset classes such as
LNG large containerships and eco-ships On the other hand
the Chinese unds are still available and rom many sources
but the competition between the Chinese financing institutions
to secure the good projects is fierce
The challenging conditions at Chinese shipyards are also
an important actor impacting the way orward or the Chinese
financing community The backlog o orders at the shipyards
includes a significant number o units that are to be delivered
into a market where employment rates are low This is an
environment where traditional shipping banks (and the capital
markets as a whole) may be reluctant to provide financing and
where the Chinese export credit agencies once again will need
to provide significant parts o the unding required The Chinese
export credit agencies have also expressed the need to guide
the shipping and shipbuilding sectors out o the current down-
turn but to what extent support is available may ultimately
turn on the political will o relevant authorities in respect o
the industry and asset class in question
The multiple aspects affecting Chinese ship and offshore
finance makes it difficult to predict how matters will develop
but Chinese financing institutions will continue to play an
important role in providing uture take-out financing or
refinancing o assets which in turn will have a significant
impact on the Chinese construction markets The expectation
is that such financing arrangements will become increasingly
complex and will involve elements o traditional bank unding
export credit leasing arrangements and other instruments The
question is thereore not so much whether Chinese financing
is still relevant but rather how to match the correct source o
unding with the right project through the best ramework P H O T O 983098
I l j 983137
H e n
d e
l
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20 21
OFFSHORECONSTRUCTION
IN CHINAndash a step too ar
O Chinese shipyards have moved
inexorably into the offshore construction market and in
particular into the jack up market Progressing rom the
construction o smaller units a number o Chinese yards are
now heavily involved in the construction o larger and more
sophisticated jack ups At the start o 2015 60 jack up units
were scheduled to be delivered rom Chinese yards in 2015-
2016 This figure represents about 60 o all jack ups to be
delivered in 2015-2016 worldwide
To secure such dominance in the market the Chinese yards
have provided attractive payment packages to prospective
owners or example in some cases requiring a small down
payment o only 5 at the start o the construction process
with the remaining 95 being payable on delivery Given
that larger jack ups commanded a price tag o around US$230
million such payment terms enabled more buyers to enter the
market many o them on a speculative basis It is estimated
that over hal o the jack ups contracted or at Chinese yards
were contracted or at a time when the prospective owners did
not have the security o a drilling contract ndash which is typically
required in order to secure take out financing
This business model worked well or the Chinese yards in the
good years but with the alling oil price and the reduction in capi-
tal EampP budgets o oil companies the demand or such drilling rigs
has allen significantly and this has caused major problems or the
Chinese yards The oversupply in the market has led to contracts
being cancelled where the prospective owners no longer consider
the project to be economically viable Even established drilling
contractors are looking to delay delivery o uncommitted rigs into
2016 and 2017 in the hope that market conditions will improve
Faced with cancellations by companies against whom ofen the
Chinese yards have limited rights o recourse the situation that
the Chinese yards find themselves in is becoming increasingly
desperate Where requests or extensions in delivery dates are
being made Chinese yards appear to be prepared to accommodate
such requests However it remains to be seen whether the parties
can agree upon urther delays beyond the already extended deliv -
ery dates should market conditions remain bleak
At the same time the value o the rigs under construction
has allen significantly and where cancellations occur the
Chinese yards are lef with assets on their hands that are
continuing to decrease in value It is unlikely that the yards
will want to operate these rigs and consequently their uture
remains uncertain Such circumstances may create oppor-
tunities or other prospective purchasers who look to secure
high specification drilling rigs at a knock down price At present
though there is little evidence to suggest that Chinese yards
most affected by rig cancellations are willing to part with the
units or a price significantly below the contract price agreed
or the construction o the unit
In part this can be explained by the custom o Chinese
yards to take out insurance with companies such as Sinosure
to protect themselves against buyerrsquos deault which sees them
made whole even i a buyer walks away rom an uneconomic
project However there also appears to be a general reluctance
on the part o the yards to sell such assets at a significant
discount Other options being explored are joint ventures with
the yard to operate the rig (at least until such time as the yard
has earned back its construction costs) andor initially leasing
the rig rom the yard with a subsequent purchase option Time
will tell as to how successul these inventive solutions are in
enabling the Chinese yards to overcome their problems but it
is clear that even the most optimistic amongst them consider
there are some very hard times still to be endured
At the start o 2015 60 jackup units were scheduled to bedelivered rom Chinese yards
in 2015-2016 This figurerepresents about 60 o all jack ups to be delivered in
2015-2016 worldwide
7232019 Wikborg Global Offshore Projects DEC15
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22 23
WIKBORG REINrsquoS GLOBAL OFFSHORE PROJECTS TEAM
OSLO
Trond Eilertsen
Partner
teiwrno+47 901 99 186
+47 22 82 76 12
Are Zachariassen
Partner
azawrno+47 909 18 308
+47 22 82 76 72
Oddbjoslashrn Slinning
Partner
oslwrno+47 481 21 650
+47 22 82 75 14
Guy C Leonard
Senior Lawyer
gclwrno+47 977 35 003
+47 22 82 76 37
LONDON
Tormod Kloslashve
Senior Associate
tklwrno+81 90 3160 7668
+81 78 2721 777
BERGEN
Oslashystein Meland
Partner
omewrno+47 901 42 033
+47 55 21 52 75
Finn Bjoslashrnstad
Partner
fbjwrno+47 415 04 481
+47 22 82 76 11
Gaute Gjelsten
Partner
ggjwrno+47 995 23 535
+47 22 82 76 31
Oslashyvind Axe
Partner
axewrno+47 970 55 558
+47 55 21 52 71
Geir Ove Roslashberg
Partner
gorwrno+47 900 35 045
+47 55 21 52 65
Clare Calnan
Partner
clcwrcocouk+44 75 9560 7958
+44 20 7367 0304
Christian James-Olsen
Partner
colwrno+47 928 33 919
+47 55 21 52 70
Cecilie K Haltebrekke
Senior Lawyer
ckhwrno+47 416 49 158
+47 55 21 52 81
Jon Heimset
Partner
jhewrno+47 908 55 702
+47 55 21 52 72
SINGAPORE KOBE
Siri Wennevik
Partner
siwwrcomsg+65 9674 4906
+65 6496 8219
Robert Joiner
Partner
rajwrcomsg+65 8518 6239
+65 6496 8359
Ole Henrik Wille
Partner
owiwrcocouk+44 78 0351 4071
+44 20 7367 0326
Andreas Fjaeligrvoll-Larsen
Senior Lawyer
aflwrcocouk+44 77 1130 4251
+44 20 7367 0321
Rob Jardine-Brown
Partner
rjbwrcocouk+44 77 8572 2147
+44 20 7367 0305
Birgitte Karlsen
Partner
bkawrcocouk+44 75 2507 1742
+44 20 7367 0309
SHANGHAI
Ronin Zong
Partner
rlzwrcocomcn+86 138 1665 0656
+86 21 6339 0101
Chelsea Chen
Senior Lawyer
cchwrcocomcn+86 138 1687 8480
+86 210 6339 0101
Tormod Ludvik Nilsen
Partner
tlnwrcocomcn+86 216 3390 0101
+86 186 2194 4892
Jonathan C Page
Partner
jpawrcocouk+44 20 7367 0303
+44 71 3112 103
O one o the key
sources o renewable energy adopted
by European governments to meet
their commitments to mitigate climate
change and to decrease reliance on os-
sil uels in the coming years Despite
the offshore wind industry having flour-
ished in recent years the short-term
outlook or 2016 is set to see a sharp
decline in new grid connected offshore
wind capacity as compared to 2015 This
decline will affect all levels o the off-
shore wind supply chain
The sofening o the European offshore
wind market has also been compounded
by the recent slump in global oil prices
which has orced many North Sea oil
and gas companies to cut budgets and to
reeze all non-essential expenditure As
a result many maintenance brown field
enhancement and lie extension projects
in the North Sea oil and gas sector
originally scheduled or 2015 have been
temporarily halted and will likely only
now be sanctioned when the oil price
begins to stabilise at a realistic level
This has led to an oversupply o
vessels across both sectors resulting
in highly competitive rates in the off-
shore wind industry particularly on
less technically challenging projects
such as accommodation support WTG
commissioning and substation hook-up
and commissioning
The short term outlook is thereore
challenging and owners will need to
tighten their belts
The mid- to long-term outlook
however is more positive with demand
being expected to pick up in the
European offshore wind sector in late
2016 or early 2017 with approximately
20 GW o capacity expected to be added
between now and 2020 It is to be hoped
that this will bolster demand or vessels
in the European sector and hopeully
restore some equilibrium to vessel
rates
That said the extreme pressure both
rom governments and the industry itsel
to cut the capital costs o offshore wind
arm installation has resulted in devel-
opers increasingly seeking efficiencies
o scale and as a result many planned
projects will seek to utilise the new gen-
eration o larger 6-8MW turbines with
correspondingly larger oundations
The scale o these new projects will
thereore rule out many o the multi-
purpose vessels in the existing fleet o
offshore wind support vessels which
are ofen designed to perorm both oil
and gas maintenance and offshore wind
installation work A new generation
o purpose-build offshore wind arm
installation vessels will thereore be
required to meet demand
The newly delivered SEAJACKS
SCYLLA delivered rom Samsung
Heavy Industries Co Ltd to Seajacks
Group in November 2015 is one such
example and with a lif capacity o over
1500 tonnes SEAJACKS SCYLLA is
perectly placed to install the new larger
turbines and oundations
Whether other vessel owners will
ollow suit and place orders or vessels
with a similar lif capacity is yet to be
seen but with the worldrsquos shipyards
being desperate to increase their con-
tract backlog there may not be a better
time to place an order
PROSPECTS FOR THEEUROPEAN OFFSHORE
WIND INDUSTRY
991251 no good news
Despite the offshore windindustry having flourishedin recent years the short-
term outlook or 2016 is setto see a sharp decline in newgrid connected offshore wind
capacity as compared to 2015
7232019 Wikborg Global Offshore Projects DEC15
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Joe McGladdery
Partner
jmgwrcocouk+44 77 1311 3115
+44 20 7367 0302
OsloTel +47 22 82 75 00
Fax +47 22 82 75 01
oslowrno
BergenTel +47 55 21 52 00
Fax +47 55 21 52 01
bergenwrno
LondonTel +44 20 7367 0300
Fax +44 20 7367 0301
londonwrno
SingaporeTel +65 6438 4498
Fax +65 6438 4496
singaporewrno
ShanghaiTel +86 21 6339 010 1
Fax +86 21 6339 0606
shanghaiwrno
KobeTel +81 78 272 1777
Fax +81 78 272 1788
kobewrno
wwwwrno
7232019 Wikborg Global Offshore Projects DEC15
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4 5
trust between (two major OPEC countires) Shia Iran and Sunni
Saudi Arabia where a new regime is in place is non-existent
and the two are fighting a de acto war in Yemen
DIFFICULTIES IN GAUGING OIL SUPPLY
For a number o reasons there are difficulties in assessing
uture oil supply
bull the advent o US shale oil has resulted in a large completely
new sources o oil production - but one which will decline by
5 a month without constant investment 2016 production
will be well down as a result
bull OPEC is pumping 315m barrels a day compared with its
agreed output o 30m barrels a day
bull OPEC has internal disagreement as to how to proceed
although the Saudi action is winning the day at the momentbull how are the activities o Islamic State going to affect
production in Libya and Iraq
bull by how much and how quickly will Iranrsquos increase in
production come about afer the possible lifing o sanctions
bull 45m barrels o new production have been delayed as a
result o low oil prices How quickly will that become
important
OIL DEMAND IS IN FACT INCREASING FIRMLY
Cheap petroleum-based products resulting rom the oil price all
is leading to low inflation and a reduction in the cost o running
businesses Lower crude prices are also limiting increases in
interest rates This is all good or the world economy which is
the undamental driver o energy demand
Although some analysts suggest that demand is slipping
given Chinarsquos slowing economy the countryrsquos consumption
this year has increased by 6 according to China Oil Gas amp
Petrochemicals The EIA reports that oil demand worldwide is
up 13m barrels a day Others put global demand increases
even higher at 19m barrels a day
EXCESS OIL PRODUCTION CAPACITY
DOES NOT HAVE TO FALL FAR
The downturn is set to remain in place for some time But for how
long What few analysts currently take into consideration is the
amount of excess production capacity When it is reduced to some-
thing like 25 a strong market will result as was the case between
the late-1990s and mid-2000s Reservoir depletion running at
about 3m barrels of daily production each year and the increasing
demand for oil will bring about a sharp upturn in the oil price
Opinions vary as to when this will happen Many industry
experts eel that the worst is yet to come Goldman Sachs
predicts that the persisting supply glut is set to get even worse
and oil prices could all as low as $20 a barrel in coming months
On the other hand Barclays predicts the oil price will increase
to $60 a barrel by 2016 based on a demand growth rom 21m
barrels a day to almost 4m barrels The Bank o England model
suggests oil prices could rally quite substantially and probably
in the second hal o 2016
WESTERN OIL COMPANIESrsquo DILEMMA
There is one major problem that remains difficult or the industry
to resolve Western oil companies have in recent years beenorced to compete in high cost production rom rontier areas
and deepwater Although deepwater fields are economic at lower
levels than some imagine (analysis by Rystad o Oslo in late-2014
indicates that deepwater oilfields have a breakeven level between
$35 and $75 a barrel with an overall average breakeven price
o $53) and while deepwater costs have diminished in recent
months they still remain high cost environments Oil companies
will be slow to resume their activity in these high costs areas and
this could delay the recovery in deepwater drilling
THE SHORT TERM OUTLOOK IS BLEAK BUT
IT IS TIME TO LOOK TO THE FUTURE
Worldwide activity is much reduced Western oil companies
are in survival mode and many o the national oil companies
such as Pemex Saudi Aramco and Petrobras are cutting back
on activity the corruption scandal in Brazil contributing to
Petrobrasrsquo woes Oil companies and service companies alike
are reducing costs wherever they can Termination clauses in
contracts between oil companies and service companies have
always been important but are now particularly under ocus
The market will not pick up in 2016 Even though oil prices
might rise in the second hal o next year oil company budgets
are being agreed based on a low oil price environment and
surviving throughout the year Operators are looking at their
ree cash flow and will not start spending until they are assured
that the oil price will remain at good levels longer term
Those companies with liquidity will survive The oil
companiesrsquo priority will be to pay dividends as otherwise Wall
Street will take its money to those industries which do This
means that oil company MampA activity may be muted compared
with the 1990s but or the brave and well-heeled contractors
the time is coming to buy distressed assets
I 983090983088983089983093 there was some hope that the oilfield
market might pick up in time or a reasonable 2016 However
afer the summer break it was evident to all even the wishul
thinkers that it would not and that oil companies and service
companies alike would be severely affected by poor cash flow
and high financing costs Share prices and asset values have
tumbled and the utilisation o assets day rates and contract
terms agreed have substantially altered as reality hit home
This is the result o that ever-present problem o the
balance between oil supply and demand However this time
around there is one big difference market dynamics are much
more complex than in previous downturns making it harder to
orecast the uture
In the first Global Offshore Projects newsletter I looked at the
all in the oil price and its impact on drilling and showed that
bull as a result o having to pursue costly projects many western
oil companies were already in trouble even beore the oil price
began its all rom the June 2014 year-high o $115 a barrel
bull in 2014 Saudi Arabia believed that it was time or others
to shoulder the problems o world oversupply ndash learning
rom its mistake when it cut production at the expense o
its market share between 1981 and 1984 rom 96m barrels
a day to just 3m barrels
bull earlier this year the majority o producing fields were
surprisingly resilient to the low oil prices o the time Brent
was trading at about $55-$60 a barrel It is now around
$36-37 its lowest point since early 2009
bull at $60 a barrel costs in early-2015 needed cutting by $170
billion or 37 to maintain debt at 2014 levels Recent
price alls have exacerbated these figures
bull but longer term we need to start drilling again ndash and on
a big scale The global decline rom existing production
is 5 a year so by 2030 over hal o the worldrsquos existing
production will need replacing
RECENT OPEC MEETING DECIDED NOTHING
The OPEC meeting on 4 December 2015 ended in what can only
be called disarray Nothing was agreed by the member states
except to reconvene at the June 2016 meeting Expectations o
higher exports rom Iran in 2016 when sanctions are set to be
lifed was one reason why the organisation could not agree on
an output target
Those hoping or some clear direction rom OPEC were
disappointed and the immediate effect o the inaction was a
urther all in the oil price By deault or design the cartel has
remained on a course that pursues market share and restricts
an ultra-high oil price This is in spite o the act that Saudi
Arabia and other OPEC members need oil prices at $100 a barrel to
balance fiscal budgets However OPECrsquos biggest crude exporter
believes that the low price will knock out the threat rom shale
oil and in the longer term preserve its market share
OPEC TENSION
There is certainly disagreement between OPEC members They
are a disparate lot with varied capabilities and aspirations
There are three actions within the organisation
1 Saudi and its allies including UAE and Kuwait They have
low production costs and sizeable reserves and although
there is distinct cost-cutting going on the countries are
financially strong
2 Iran and Iraq which have their separate political problems
but have the potential to produce considerably more than
they are currently
3 The remainder who are struggling with the low oil price
and making ends meet particularly Venezuela and Nigeria
This is all against a background o increasing geo-political risk
in and around OPEC countries Not only is the Islamic State
encamped in parts o Libya and Iraq (both OPEC members)
WHEN WILL THEOIL PRICE RISE
BY GAVIN STRACHAN 9830801983081
Market dynamics are muchmore complex than in previousdownturns making it harder to
orecast the uture
(1) Gavin Strachan is an independent consultant providing market
intelligence Expert Witness opinion and due diligence expertise on the
offshore energy business in jurisdictions around the world
Contact email gavinfirthpetroleumcom
7232019 Wikborg Global Offshore Projects DEC15
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6 7
P H O T O 983098
I s t o c
k p
h o
t o
A TIME OFOPPORTUNITY
T
combined with reduced investments and
contract awards is taking its toll on oil
service companies in the North Sea and
elsewhere For some though this may be a
time o opportunity when bargains may be
had This can generate attractive rewards
to the cash rich investor but there can be
risks and pitalls in acquiring a company
when it is on the ropes
These days oil service companies can
be in varying stages o distress rom a
negative cash flow situation that sooner
or later is bound to hurt the company
through to being in deault right up to
the point when a ormal court appointed
debt restructuring or bankruptcy process
is in place Time is o the essence as the
distressed business either has an imme-
diate need or assistance or has already
deaulted on its obligations
Beore approaching the target a poten-
tial buyer should take steps to address
certain issues I the acquisition is suc-
cessul and the target is acquired it may
trigger the cross deault provisions o the
buyerrsquos existing financing arrangements
So the buyer needs to ensure that its bal-
ance sheet and credit acilities are able to
absorb a distressed entity without a cross
deault or breach o its own financial cove-
nants on a consolidated basis A temporary
waiver rom the target companyrsquos banks
or bondholders in respect o on-going
deaults may be a necessary closing condi-
tion or the acquisition
I the target company is not listed the
buyer will have significant flexibility as
to how and when it will approach the
selling shareholder(s) and a bilateral
negotiation with the seller(s) can be
concluded as quickly as the parties are
able to reach an agreement Some com-
panies will already have been subject to
court-appointed processes in which case
the proceedings or selling the company
andor its assets may be fixed by law
which may add to the timeline
A listed company will in most cases
be subject to take-over regulations
imposed by the home state or stock
exchange On the Oslo Stock Exchange
a voluntary take-over offer usually takes
between our to six weeks to complete
(rom preparation o the offer document
until completion) and i the desired
acceptance level is not reached at the
expiry o the offer period it may take
additional time In the event the listed
company has a concentrated shareholder
structure a straight and quick block
trade acquisition o the majority o the
shares in the target company may be
possible in certain cases Such majority
acquisition will in most cases trigger a
mandatory take-over offer to the remain-
ing o the shareholders
The protection a buyer will be able
to obtain through a negotiated transac-
tion agreement may be less than one
would normally expect The seller o a
distressed company or o assets may be
unable to offer substantial warranties
I warranties are offered they are usu-
ally backed by the sellerrsquos balance sheet
which may have been inadequate to save
the distressed business in the first place
It is essential or potential buyers to be
prepared to undertake a thorough inves-
tigation o the target as any meaningul
recourse may prove difficult to obtain
In addition a seller will usually require
cash payment and the target may need
immediate unding through bridge loans
or other measures The buyer however
will usually not be able to get security
or its acquisition risk which may impact
its ability to raise urther financing
A buyer may need to enter into nego-
tiations with several interested parties
other than a seller For example holders
o secured debt may preer the opportu-
nity particularly in asset-backed cases
to enorce their security and take over
the asset ndash rather than contemplate
the sale o the asset to a third party
Otherwise a buyer may need to preserve
relationships with key customers and
suppliers and gauge whether they are
supportive o the potential acquisition
or whether the buyer risks that change
o control clauses are triggered and used
by such third parties to close or leverage
the relationship
Whilst there clearly are risks when
looking at distressed businesses there
is also an upside which the right buyer
may find opportunities to exploit
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8 9
P H O T O 983098
I s t o c
k p
h o
t o
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10 11
BRAZILndash troubled waters seem
set to continue
983090983088983089983093 or oil
service providers and particularly so or
those working in the Brazilian market
The Car Wash Probe continues and the
end o this corruption scandal which has
had severe implications or Petrobras
and the industry is still some way off
That aside Petrobras has also taken the
opportunity in the prevailing market
conditions to clean-up and optimise both
its rig portolio and the offshore support
fleets through the re-negotiation or can-
cellation o contracts
Although the outcome o these renego-
tiations have not generally been made
public the view is that at least nine rigs
have been taken out o the Brazilian
market over the last ew months either
as a result o a cancellations use o
avourable stand-by provisions or by
Petrobras not exercising options that
had previously been ldquobankedrdquo by the rig
owners Outright terminations have also
occurred usually on grounds that there
has been a ldquobreach o contractrdquo but
normally without urther explanation
Some o these terminations may have
links to the Car Wash Probe but this has
not been officially confirmed
Another 13 rigs currently employed
by Petrobras will come off contract in
2016 and it is not expected that any
o these contracts will be extended or
renewed In addition many contractors in
the Brazilian rig market appear to have
accepted amended terms in their existing contracts generally
by agreeing to reducing charter hire against an extension o
the contract period This exercise will result in substantial
short term savings or Petrobras but hopeully will also give
rig owners in Brazil some relie (and increased predictability)
going orward
At the same time Petrobras have increased their ocus
on their periodic assessment o the offshore support fleet in
accordance with the ANTAQ rules Petrobras is under an obli-
gation under the ANTAQ rules to regularly (and normally on
an annual basis) assess whether any oreign vessel chartered
or operations in Brazil can be replaced by a Brazilian owned
flagged vessel Under the rules Brazilian tonnage is to be given
priority This has resulted in increased prioritisation being
given by Petrobras to Brazilian owners and vessels and the ter-
mination o charters entered into with oreign owned vessels
Over the last ew months the need to secure annual renewal
o the ANTAQ license which previously had been viewed as a
mere ormality has created substantial uncertainty or a num-
ber o oreign OSV owners including those who have been long
term players in the Brazilian market and who have substantial
OSV fleets operating in Brazil Similar regulations apply in other
jurisdictions or example in Mexico but oreign owners may have
previously viewed this as a ldquosleepingrdquo provision This is no longer
the case and a number o oreign OSV owners in Brazil who are
hard pressed to find alternative employment or their vessels are
looking at possibilities or converting into a more Brazilian
fleet through either arranging bareboat charters to a Brazilian
entity and suspension o the current flagdual registration
However not all ship registries accept dual registration and
restructuring ofen raises adverse tax and other consequences
that need to be careully assessed It remains to be seen how
much o an impact the application o ANTAQ rules may have
on the total OSV fleet in Brazil and whether Petrobras will
continue to prioritise its ocus on this during 2016 P H O T O 983098
I s t o c
k p
h o
t o
It remains to be seen howmuch o an impact the
application o ANTAQ rulesmay have on the total OSV
fleet in Brazil
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12 13
P H O T O 983098
i s t o c
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W in the oil and
gas sector has created a challenging
environment or all including Pemex
the Mexican Energy reorm programme
is expected to create new opportunities
or those oil service providers who have
the will and capabilities to navigate
their way through the developing stages
o an emerging Mexican EampP industry
These opportunities arise as a result o
the Mexican Governmentrsquos decision to
invite oreign and private oil companies
to compete or blocks and licences off-
shore Mexico thus providing important
sources o new investment or the indus-
try Hopeully this will in the medium
term reduce the effects o Pemexrsquo
tightening liquidity recently leading
to a credit downgrade by Moodyrsquos and
expected to urther reduce investments
RECENT AUCTION PROCESSES
IN ROUND ONE
Following the implementation of the Energy
Reform in December 2014 the Mexican
Government announced the initial stages of
Round One of the public licence auctions
in which private entities were also able to
bid for the opportunity to perform explora-
tion and extraction activities in Mexico The
total investment including Pemexrsquos farm-
outs for Round One has been estimated
by the Mexican Government to be US$505
billion for the period 2015 - 2018
The blocks offered in the first and sec-
ond auctions launched by the National
Hydrocarbons Commission (ldquoNHCrdquo)
were presented under a Production
Sharing model and all o them presented
low geological risk with easy access to
the existing transport inrastructure
However since the offer came with strict
contractual requirements and a rather
high ldquogovernment take rdquo there was a poor
turnout at the auction Out o 14 possi-
ble blocks only two were awarded to a
consortium ormed by Sierra Oil amp Gas
Talos Energy and Premier Oil
In an attempt to attract more inter-
est the government altered the terms
o the second auction by reducing
the amount o the upront invest-
ment required by companies to bid and
increasing the size o the blocks availa-
ble This led to an increased interest and
in September 2015 the NHC awarded
three o five blocks orming part o the
auction to Eni SpA a consortium ormed
by Pan American Energy and EampP
Hidrocarburos y Servicios and a consor-
tium o Fieldwood Energy and Petrobal
The third auction is scheduled or 15
December 2015 and consists o 26 fields
which are to be awarded under a more
avourable licence model Considering
the characteristics o the fields and the
local content requirements (that are
slightly higher than or the two previous
auctions) there is reason to believe that
this bid presents good opportunities or
smaller and local participants to gain a
oothold in the process
Oil companies that are awarded blocks
during these auctions and enter into con-
tracts with the Mexican Government will
need to make firm commitments and will
be subject to firm deadlines by which they
need to meet their investments obliga-
tions Thus they will not have the opportu-
nity to postpone their obligations pending
an increase in the oil price With these
new entrants to the sector there should
be ample scope or oil service providers
to take advantage o increasing opportuni-
ties in a market that has been somewhat
passive or over 20 years The Mexican
market is opening up and this is expected
to continue to develop over the next ew
years notwithstanding the continuation o
a low oil price
I you are interested in obtaining additional
inormation on this matter please do not
hesitate to contact Santiago Sepuacutelveda
Yturbe ( santiagosepulvedacreelmx ) at
Creel Garciacutea-Cueacutellar Aiza y Enriacutequez
MEXICOndash slow but steady opportunities
7232019 Wikborg Global Offshore Projects DEC15
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14 15
T in connection with Russia and
Iran differ in many ways The ormer are recent targeted andfixed or the oreseeable uture the latter long-standing broad
and likely soon to change With regard to Iran Adoption Day
under the 14 July Joint Comprehensive Plan o Action (ldquoJCPOArdquo)
arrived as expected on 18 October 2015 Now the International
Atomic Energy Agencyrsquos (ldquoIAEArdquo) verdict is awaited on the
nuclear inrastructure changes to which Iran has agreed That
might come in the second quarter o 2016 and IAEA approval
will bring with it Implementation Day - the lifing o nuclear-
related sanctions against Iran
The opportunities created by the lifing o sanctions against
Iran are obvious The country sits high on listings o proven oil
gas and mineral reserves and its economy craves oreign invest-
ment However the risks are considerable and the circumstances
unique ndash acres o sanction text and decades o trade embargo will
vanish at the same moment as part o an agreement centred on
preventing an ideologically different unpredictable and ofen hos-
tile regime rom developing nuclear weapons
In this highly complex environment great care will need to
be taken once sanctions against Iran are lifed First Iran ranks
130189 in the World Bankrsquos Ease o Doing Business Report
and 136175 on Transparency Internationalrsquos Corruption
Perceptions Index Compliance awareness procedures written
instructions contract terms verification audit enorcement
and remedy will all need to match the likely difficulties The
first task will be to explain and then to apply amiliar concepts
Thorough screening must continue to support anti-corruption
and to detect individuals and entities that remain proscribed
perhaps on account o human rights or even terrorism as it is
only the nuclear-related restrictions that will be lifed
Second what can be removed can be reinstated This is the
ldquosnap-backrdquo mechanism a core part o the reassurance under-
pinning the JCPOA This is a procedure not an instant fix Any
party alleging ault could start the dispute resolution process
and i a serious breach was made out against Iran then sanc-
tions would be re-imposed Perhaps then additional sanctions
would ollow but at the very least the neo-lawul would again
become unlawul This would not be retrospective so con-
tracts pre-dating ldquosnap-backrdquo could still be perormed but it
is easy to oresee difficulties or example with suppliers or
IRANndash uncharted waters demanding care
with intended subcontracts While not
actually expecting such developmentsparties should prepare Much might be
gained rom analysis o what would or
might happen on any ldquosnap-backrdquo and
ensuring that there are adequate provi-
sions in contracts to cover such an even-
tuality just in case
Third the US has only lifed sanc-
tions ldquodirected towards non-US per-
sonsrdquo Save where there is a specific
OFAC licence the sanctions will still
apply in ull to ldquoUS personsrdquo as defined
This means that any such persons must
be sealed rom any involvement in Iran
issues whether they are individuals or
companies owned or controlled in the
relevant ways The structure o a com-
pany should not present difficulty but
individual nationality status - or all
rom directors and other key decision-
makers through to clerical and ancillary
staff - might prove harder to establish
and ready assumption must not replace
proper enquiry The recent Schlumberger
and Deutsche Bank cases illustrate the
costly and other adverse consequences
o impermissible involvement o US
persons A provable system or finding
who they are and keeping them away
rom Iran-related matters needs to be in
place
Lifing nuclear-related sanctions
against Iran will undoubtedly create
great opportunities but the danger
areas offer serious challenges that will
require great care to be taken In all
aspects o any emerging trade with Iran
awareness must be heightened issues
identified due diligence perormed and
caution exercised P H O T O 983098
I s t o c
k p
h o
t o
In this highly complexenvironment great care
will need to be takenonce sanctions against
Iran are lifed
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16 17
area Where granted the license also has
a liespan o one year
The second requirement arises under
the Nigerian Oil and Gas Industry Content
Development Act o 2010 This Act
requires operators in the Nigerian oil and
gas industry to demonstrate that certain
minimum levels o Nigerian content is
used in their exploration and production
activities By way o example 65 o
the spend must be on Nigerian offshore
support vessels 55 on hire or drilling
rigs and 50 o the spend on production
units Even though the Act was passed
in 2010 the Nigerian authorities only
started to enorce these requirements in
2013 These requirements may similarly
be difficult to satisy or the operators
but in practice the main requirement
rom the supervisory Nigerian Content
Development Management Board (the
ldquoNCDMBrdquo) has been that the opera-
tors present a plan showing how they
plan to increase the Nigerian content in
their operations to the statutory mini-
mum requirements However NCMB
has also separately been pursuing a
marine vessel utilisation scheme which
seeks to achieve at least 60 ownership
o marine assets by Nigerian companies
by 2015 Owners o marine assets able to
demonstrate a higher level o Nigerian
content will accordingly have a competi-
tive advantage when tendering or con-
tracts in Nigeria
FUTURE DEVELOPMENTS
Following his election the new Nigerian
president Muhammadu Buhari has
introduced significant changes to the
Nigerian petroleum industry Mr Buhari
has assumed office as Nigeriarsquos new
oil minister he has replaced the entire
board o the state-run Nigerian National
Petroleum Corporation (ldquoNNPCrdquo) and
split the NNPC into two entities These
actions were taken as part o the new
presidentrsquos laudable aim to tackle the
substantial problems o corruption and
oil thefs within the oil industry
However in addition to these chal-
lenges there is also an urgent need or
the new administration to bring greater
clarity to the legal ramework applicable
to the Nigerian petroleum industry It is
anticipated that this task will be tackled
although it is expected that the changes
will be more conservative than progres-
sive Thus it is unlikely that any change
will see an end or serious reduction in the
local content requirements For some time
to come thereore owners o marine assets
will have to continue to take account o
the rather complex local content require-
ments when assessing business opportu-
nities in Nigeria
P H O T O 983098
I s t o c
k p
h o
t o
NIGERIA ndash an overdue doseo clarity required
I N authori-
ties have paid a great deal o attention
to compliance with the requirements or
local content relating to marine vessels
drilling units equipment and services
utilised in Nigeriarsquos oil and gas industry
However in order to attract international
investment and service providers there
is an urgent need or the recently elected
administration in Nigeria to create a
stable regulatory ramework through
which such investments and activities
can be carried out
CURRENT REGULATORY
FRAMEWORK
Owners wishing to utilise marine assets
in the offshore industry in Nigeria need
to take into account two main require-
ments regarding local content
The first is the Nigerian Coastal and
Inland Shipping (Cabotage) Act o 2003
This Act requires all vessels trading
between Nigerian ports or in Nigerian
waters (including in connection with
the exploration exploitation or trans-
portation o petroleum resources) to
be built by a Nigerian yard registered
in the name o a Nigerian company
owned by Nigerian shareholders to fly
the Nigerian flag and be manned only by
Nigerians These requirements apply to
vessels (including FPSOs) but there are
on-going cases in the Nigerian courts
regarding whether the Act applies to
drilling rigs and their operations I it
does then owners would need to obtain
waivers rom the three main require-
ments o the Act that they do not satisy
The ownership requirement may be
satisfied through a bareboat chartering
structure where a Nigerian company
bareboat charters a oreign vessel or a
minimum period o five years during
which period the vessel will be regis-
tered in the Nigerian Ship Register and
fly the Nigerian flag with simultaneous
suspension o the primary registration
o the oreign vessel The Cabotage Act
also provides or a system o waivers
whereby any o the three main Nigerian
content requirements may be waived
where no Nigerian capacity is available
or suitable However waivers relating to
ownership and manning requirements
are increasingly difficult to obtain due to
the increase in the number o Nigerian
owned vessels and Nigerian seaar-
ers On the other hand the waiver rom
the Nigerian build requirement is still
relatively easy to obtain due to the act
that there are very ew Nigerian ship-
yards with capability to construct the
type o vessels required Where waivers
are given they are valid or one year ndash
although they may be r enewed Foreign
vessels operating in the cabotage area
also require a licence in addition to the
waivers to operate within the cabotage
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18 19
CHINA ndash a more cautious approach to fnancing
I C financial institutions have proved
to be an increasingly important source o capital or shipping
and offshore assets However difficult market conditions have
created challenges or the over-developed Chinese shipbuild-
ing industry and have dampened the enthusiasm o the Chinesefinancial markets Most Chinese banks and financial leasing
companies have become more cautious in their approach to the
financing o international shipping and offshore assets Despite
this China will continue to play an important role in financing
shipping and offshore transactions
INTERNATIONALISATION OF ldquoCHINESE SHIP FINANCErdquo
Traditionally Chinese banks supported Chinese owners and
yards but afer 2008 more and more financial institutions also
engaged with international owners This development ollowed
policy decisions by Chinese authorities encouraging amongst
other things the promotion o Shanghai as a global shipping
centre control o resources required or growth in the domestic
economy (including the fleet o vessels owned by Chinese state
owned entities) strategic links with resource rich countries and
general support or the Chinese shipbuilding industry
An important instrument in this development has been the
availability o Chinese export credit guarantees Export credit
arrangements have played a significant role as an instrument
which enables governments o many countries to support export-
ers and the importance o the Chinese export credit instructions is
a reflection o the growth o Chinese shipyards Various financing
products such as buyersrsquo or sellersrsquo credits and export credit insur-
ances have enriched the financing sources or Chinese ship or off-
shore unit exports and to a certain extent it has also contributed
to the prosperity o the Chinese shipyards
Another important development in the Chinese financing
arena has been the growth o Chinese leasing companies and
more than 1000 leasing companies have emerged during the
last ten years These companies provide unding through
ownership by way o ldquosale and leasebackrdquo ldquolease and purchaserdquo
or other similar arrangements with or without a purchase
option or the lessee Such arrangements may be attractive off-
balance-sheet alternatives to international owners by providing
more flexibility in deal structures and financing costs
THE NEXT STEPS
Chinese financing is no different rom financing or leasing arrange-
ments in other jurisdictions There are as in any jurisdiction
cultural aspects to be taken into account but the documentation
is similar to international transactions and industrial standards
(such as the LMA orms) and is ofen governed by English law
Chinese financing and leasing institutions were once
considered to be rather over eager to participate in financ-ing certain types o projects or assets but a clear trend in
todayrsquos market is that ownersrsquo backgrounds the economics
markets o assets and documentation underpinning projects
are required to undergo a detailed and thorough review beore
unds are committed This is particularly true within the
offshore segment where gloomy market conditions are casting
shadows onto the financing opportunities China Exim Bank has
on several occasions emphasised that they will give priority
to higher technology and higher value asset classes such as
LNG large containerships and eco-ships On the other hand
the Chinese unds are still available and rom many sources
but the competition between the Chinese financing institutions
to secure the good projects is fierce
The challenging conditions at Chinese shipyards are also
an important actor impacting the way orward or the Chinese
financing community The backlog o orders at the shipyards
includes a significant number o units that are to be delivered
into a market where employment rates are low This is an
environment where traditional shipping banks (and the capital
markets as a whole) may be reluctant to provide financing and
where the Chinese export credit agencies once again will need
to provide significant parts o the unding required The Chinese
export credit agencies have also expressed the need to guide
the shipping and shipbuilding sectors out o the current down-
turn but to what extent support is available may ultimately
turn on the political will o relevant authorities in respect o
the industry and asset class in question
The multiple aspects affecting Chinese ship and offshore
finance makes it difficult to predict how matters will develop
but Chinese financing institutions will continue to play an
important role in providing uture take-out financing or
refinancing o assets which in turn will have a significant
impact on the Chinese construction markets The expectation
is that such financing arrangements will become increasingly
complex and will involve elements o traditional bank unding
export credit leasing arrangements and other instruments The
question is thereore not so much whether Chinese financing
is still relevant but rather how to match the correct source o
unding with the right project through the best ramework P H O T O 983098
I l j 983137
H e n
d e
l
7232019 Wikborg Global Offshore Projects DEC15
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20 21
OFFSHORECONSTRUCTION
IN CHINAndash a step too ar
O Chinese shipyards have moved
inexorably into the offshore construction market and in
particular into the jack up market Progressing rom the
construction o smaller units a number o Chinese yards are
now heavily involved in the construction o larger and more
sophisticated jack ups At the start o 2015 60 jack up units
were scheduled to be delivered rom Chinese yards in 2015-
2016 This figure represents about 60 o all jack ups to be
delivered in 2015-2016 worldwide
To secure such dominance in the market the Chinese yards
have provided attractive payment packages to prospective
owners or example in some cases requiring a small down
payment o only 5 at the start o the construction process
with the remaining 95 being payable on delivery Given
that larger jack ups commanded a price tag o around US$230
million such payment terms enabled more buyers to enter the
market many o them on a speculative basis It is estimated
that over hal o the jack ups contracted or at Chinese yards
were contracted or at a time when the prospective owners did
not have the security o a drilling contract ndash which is typically
required in order to secure take out financing
This business model worked well or the Chinese yards in the
good years but with the alling oil price and the reduction in capi-
tal EampP budgets o oil companies the demand or such drilling rigs
has allen significantly and this has caused major problems or the
Chinese yards The oversupply in the market has led to contracts
being cancelled where the prospective owners no longer consider
the project to be economically viable Even established drilling
contractors are looking to delay delivery o uncommitted rigs into
2016 and 2017 in the hope that market conditions will improve
Faced with cancellations by companies against whom ofen the
Chinese yards have limited rights o recourse the situation that
the Chinese yards find themselves in is becoming increasingly
desperate Where requests or extensions in delivery dates are
being made Chinese yards appear to be prepared to accommodate
such requests However it remains to be seen whether the parties
can agree upon urther delays beyond the already extended deliv -
ery dates should market conditions remain bleak
At the same time the value o the rigs under construction
has allen significantly and where cancellations occur the
Chinese yards are lef with assets on their hands that are
continuing to decrease in value It is unlikely that the yards
will want to operate these rigs and consequently their uture
remains uncertain Such circumstances may create oppor-
tunities or other prospective purchasers who look to secure
high specification drilling rigs at a knock down price At present
though there is little evidence to suggest that Chinese yards
most affected by rig cancellations are willing to part with the
units or a price significantly below the contract price agreed
or the construction o the unit
In part this can be explained by the custom o Chinese
yards to take out insurance with companies such as Sinosure
to protect themselves against buyerrsquos deault which sees them
made whole even i a buyer walks away rom an uneconomic
project However there also appears to be a general reluctance
on the part o the yards to sell such assets at a significant
discount Other options being explored are joint ventures with
the yard to operate the rig (at least until such time as the yard
has earned back its construction costs) andor initially leasing
the rig rom the yard with a subsequent purchase option Time
will tell as to how successul these inventive solutions are in
enabling the Chinese yards to overcome their problems but it
is clear that even the most optimistic amongst them consider
there are some very hard times still to be endured
At the start o 2015 60 jackup units were scheduled to bedelivered rom Chinese yards
in 2015-2016 This figurerepresents about 60 o all jack ups to be delivered in
2015-2016 worldwide
7232019 Wikborg Global Offshore Projects DEC15
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22 23
WIKBORG REINrsquoS GLOBAL OFFSHORE PROJECTS TEAM
OSLO
Trond Eilertsen
Partner
teiwrno+47 901 99 186
+47 22 82 76 12
Are Zachariassen
Partner
azawrno+47 909 18 308
+47 22 82 76 72
Oddbjoslashrn Slinning
Partner
oslwrno+47 481 21 650
+47 22 82 75 14
Guy C Leonard
Senior Lawyer
gclwrno+47 977 35 003
+47 22 82 76 37
LONDON
Tormod Kloslashve
Senior Associate
tklwrno+81 90 3160 7668
+81 78 2721 777
BERGEN
Oslashystein Meland
Partner
omewrno+47 901 42 033
+47 55 21 52 75
Finn Bjoslashrnstad
Partner
fbjwrno+47 415 04 481
+47 22 82 76 11
Gaute Gjelsten
Partner
ggjwrno+47 995 23 535
+47 22 82 76 31
Oslashyvind Axe
Partner
axewrno+47 970 55 558
+47 55 21 52 71
Geir Ove Roslashberg
Partner
gorwrno+47 900 35 045
+47 55 21 52 65
Clare Calnan
Partner
clcwrcocouk+44 75 9560 7958
+44 20 7367 0304
Christian James-Olsen
Partner
colwrno+47 928 33 919
+47 55 21 52 70
Cecilie K Haltebrekke
Senior Lawyer
ckhwrno+47 416 49 158
+47 55 21 52 81
Jon Heimset
Partner
jhewrno+47 908 55 702
+47 55 21 52 72
SINGAPORE KOBE
Siri Wennevik
Partner
siwwrcomsg+65 9674 4906
+65 6496 8219
Robert Joiner
Partner
rajwrcomsg+65 8518 6239
+65 6496 8359
Ole Henrik Wille
Partner
owiwrcocouk+44 78 0351 4071
+44 20 7367 0326
Andreas Fjaeligrvoll-Larsen
Senior Lawyer
aflwrcocouk+44 77 1130 4251
+44 20 7367 0321
Rob Jardine-Brown
Partner
rjbwrcocouk+44 77 8572 2147
+44 20 7367 0305
Birgitte Karlsen
Partner
bkawrcocouk+44 75 2507 1742
+44 20 7367 0309
SHANGHAI
Ronin Zong
Partner
rlzwrcocomcn+86 138 1665 0656
+86 21 6339 0101
Chelsea Chen
Senior Lawyer
cchwrcocomcn+86 138 1687 8480
+86 210 6339 0101
Tormod Ludvik Nilsen
Partner
tlnwrcocomcn+86 216 3390 0101
+86 186 2194 4892
Jonathan C Page
Partner
jpawrcocouk+44 20 7367 0303
+44 71 3112 103
O one o the key
sources o renewable energy adopted
by European governments to meet
their commitments to mitigate climate
change and to decrease reliance on os-
sil uels in the coming years Despite
the offshore wind industry having flour-
ished in recent years the short-term
outlook or 2016 is set to see a sharp
decline in new grid connected offshore
wind capacity as compared to 2015 This
decline will affect all levels o the off-
shore wind supply chain
The sofening o the European offshore
wind market has also been compounded
by the recent slump in global oil prices
which has orced many North Sea oil
and gas companies to cut budgets and to
reeze all non-essential expenditure As
a result many maintenance brown field
enhancement and lie extension projects
in the North Sea oil and gas sector
originally scheduled or 2015 have been
temporarily halted and will likely only
now be sanctioned when the oil price
begins to stabilise at a realistic level
This has led to an oversupply o
vessels across both sectors resulting
in highly competitive rates in the off-
shore wind industry particularly on
less technically challenging projects
such as accommodation support WTG
commissioning and substation hook-up
and commissioning
The short term outlook is thereore
challenging and owners will need to
tighten their belts
The mid- to long-term outlook
however is more positive with demand
being expected to pick up in the
European offshore wind sector in late
2016 or early 2017 with approximately
20 GW o capacity expected to be added
between now and 2020 It is to be hoped
that this will bolster demand or vessels
in the European sector and hopeully
restore some equilibrium to vessel
rates
That said the extreme pressure both
rom governments and the industry itsel
to cut the capital costs o offshore wind
arm installation has resulted in devel-
opers increasingly seeking efficiencies
o scale and as a result many planned
projects will seek to utilise the new gen-
eration o larger 6-8MW turbines with
correspondingly larger oundations
The scale o these new projects will
thereore rule out many o the multi-
purpose vessels in the existing fleet o
offshore wind support vessels which
are ofen designed to perorm both oil
and gas maintenance and offshore wind
installation work A new generation
o purpose-build offshore wind arm
installation vessels will thereore be
required to meet demand
The newly delivered SEAJACKS
SCYLLA delivered rom Samsung
Heavy Industries Co Ltd to Seajacks
Group in November 2015 is one such
example and with a lif capacity o over
1500 tonnes SEAJACKS SCYLLA is
perectly placed to install the new larger
turbines and oundations
Whether other vessel owners will
ollow suit and place orders or vessels
with a similar lif capacity is yet to be
seen but with the worldrsquos shipyards
being desperate to increase their con-
tract backlog there may not be a better
time to place an order
PROSPECTS FOR THEEUROPEAN OFFSHORE
WIND INDUSTRY
991251 no good news
Despite the offshore windindustry having flourishedin recent years the short-
term outlook or 2016 is setto see a sharp decline in newgrid connected offshore wind
capacity as compared to 2015
7232019 Wikborg Global Offshore Projects DEC15
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Joe McGladdery
Partner
jmgwrcocouk+44 77 1311 3115
+44 20 7367 0302
OsloTel +47 22 82 75 00
Fax +47 22 82 75 01
oslowrno
BergenTel +47 55 21 52 00
Fax +47 55 21 52 01
bergenwrno
LondonTel +44 20 7367 0300
Fax +44 20 7367 0301
londonwrno
SingaporeTel +65 6438 4498
Fax +65 6438 4496
singaporewrno
ShanghaiTel +86 21 6339 010 1
Fax +86 21 6339 0606
shanghaiwrno
KobeTel +81 78 272 1777
Fax +81 78 272 1788
kobewrno
wwwwrno
7232019 Wikborg Global Offshore Projects DEC15
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6 7
P H O T O 983098
I s t o c
k p
h o
t o
A TIME OFOPPORTUNITY
T
combined with reduced investments and
contract awards is taking its toll on oil
service companies in the North Sea and
elsewhere For some though this may be a
time o opportunity when bargains may be
had This can generate attractive rewards
to the cash rich investor but there can be
risks and pitalls in acquiring a company
when it is on the ropes
These days oil service companies can
be in varying stages o distress rom a
negative cash flow situation that sooner
or later is bound to hurt the company
through to being in deault right up to
the point when a ormal court appointed
debt restructuring or bankruptcy process
is in place Time is o the essence as the
distressed business either has an imme-
diate need or assistance or has already
deaulted on its obligations
Beore approaching the target a poten-
tial buyer should take steps to address
certain issues I the acquisition is suc-
cessul and the target is acquired it may
trigger the cross deault provisions o the
buyerrsquos existing financing arrangements
So the buyer needs to ensure that its bal-
ance sheet and credit acilities are able to
absorb a distressed entity without a cross
deault or breach o its own financial cove-
nants on a consolidated basis A temporary
waiver rom the target companyrsquos banks
or bondholders in respect o on-going
deaults may be a necessary closing condi-
tion or the acquisition
I the target company is not listed the
buyer will have significant flexibility as
to how and when it will approach the
selling shareholder(s) and a bilateral
negotiation with the seller(s) can be
concluded as quickly as the parties are
able to reach an agreement Some com-
panies will already have been subject to
court-appointed processes in which case
the proceedings or selling the company
andor its assets may be fixed by law
which may add to the timeline
A listed company will in most cases
be subject to take-over regulations
imposed by the home state or stock
exchange On the Oslo Stock Exchange
a voluntary take-over offer usually takes
between our to six weeks to complete
(rom preparation o the offer document
until completion) and i the desired
acceptance level is not reached at the
expiry o the offer period it may take
additional time In the event the listed
company has a concentrated shareholder
structure a straight and quick block
trade acquisition o the majority o the
shares in the target company may be
possible in certain cases Such majority
acquisition will in most cases trigger a
mandatory take-over offer to the remain-
ing o the shareholders
The protection a buyer will be able
to obtain through a negotiated transac-
tion agreement may be less than one
would normally expect The seller o a
distressed company or o assets may be
unable to offer substantial warranties
I warranties are offered they are usu-
ally backed by the sellerrsquos balance sheet
which may have been inadequate to save
the distressed business in the first place
It is essential or potential buyers to be
prepared to undertake a thorough inves-
tigation o the target as any meaningul
recourse may prove difficult to obtain
In addition a seller will usually require
cash payment and the target may need
immediate unding through bridge loans
or other measures The buyer however
will usually not be able to get security
or its acquisition risk which may impact
its ability to raise urther financing
A buyer may need to enter into nego-
tiations with several interested parties
other than a seller For example holders
o secured debt may preer the opportu-
nity particularly in asset-backed cases
to enorce their security and take over
the asset ndash rather than contemplate
the sale o the asset to a third party
Otherwise a buyer may need to preserve
relationships with key customers and
suppliers and gauge whether they are
supportive o the potential acquisition
or whether the buyer risks that change
o control clauses are triggered and used
by such third parties to close or leverage
the relationship
Whilst there clearly are risks when
looking at distressed businesses there
is also an upside which the right buyer
may find opportunities to exploit
7232019 Wikborg Global Offshore Projects DEC15
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8 9
P H O T O 983098
I s t o c
k p
h o
t o
7232019 Wikborg Global Offshore Projects DEC15
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10 11
BRAZILndash troubled waters seem
set to continue
983090983088983089983093 or oil
service providers and particularly so or
those working in the Brazilian market
The Car Wash Probe continues and the
end o this corruption scandal which has
had severe implications or Petrobras
and the industry is still some way off
That aside Petrobras has also taken the
opportunity in the prevailing market
conditions to clean-up and optimise both
its rig portolio and the offshore support
fleets through the re-negotiation or can-
cellation o contracts
Although the outcome o these renego-
tiations have not generally been made
public the view is that at least nine rigs
have been taken out o the Brazilian
market over the last ew months either
as a result o a cancellations use o
avourable stand-by provisions or by
Petrobras not exercising options that
had previously been ldquobankedrdquo by the rig
owners Outright terminations have also
occurred usually on grounds that there
has been a ldquobreach o contractrdquo but
normally without urther explanation
Some o these terminations may have
links to the Car Wash Probe but this has
not been officially confirmed
Another 13 rigs currently employed
by Petrobras will come off contract in
2016 and it is not expected that any
o these contracts will be extended or
renewed In addition many contractors in
the Brazilian rig market appear to have
accepted amended terms in their existing contracts generally
by agreeing to reducing charter hire against an extension o
the contract period This exercise will result in substantial
short term savings or Petrobras but hopeully will also give
rig owners in Brazil some relie (and increased predictability)
going orward
At the same time Petrobras have increased their ocus
on their periodic assessment o the offshore support fleet in
accordance with the ANTAQ rules Petrobras is under an obli-
gation under the ANTAQ rules to regularly (and normally on
an annual basis) assess whether any oreign vessel chartered
or operations in Brazil can be replaced by a Brazilian owned
flagged vessel Under the rules Brazilian tonnage is to be given
priority This has resulted in increased prioritisation being
given by Petrobras to Brazilian owners and vessels and the ter-
mination o charters entered into with oreign owned vessels
Over the last ew months the need to secure annual renewal
o the ANTAQ license which previously had been viewed as a
mere ormality has created substantial uncertainty or a num-
ber o oreign OSV owners including those who have been long
term players in the Brazilian market and who have substantial
OSV fleets operating in Brazil Similar regulations apply in other
jurisdictions or example in Mexico but oreign owners may have
previously viewed this as a ldquosleepingrdquo provision This is no longer
the case and a number o oreign OSV owners in Brazil who are
hard pressed to find alternative employment or their vessels are
looking at possibilities or converting into a more Brazilian
fleet through either arranging bareboat charters to a Brazilian
entity and suspension o the current flagdual registration
However not all ship registries accept dual registration and
restructuring ofen raises adverse tax and other consequences
that need to be careully assessed It remains to be seen how
much o an impact the application o ANTAQ rules may have
on the total OSV fleet in Brazil and whether Petrobras will
continue to prioritise its ocus on this during 2016 P H O T O 983098
I s t o c
k p
h o
t o
It remains to be seen howmuch o an impact the
application o ANTAQ rulesmay have on the total OSV
fleet in Brazil
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12 13
P H O T O 983098
i s t o c
k p
h o
t o
W in the oil and
gas sector has created a challenging
environment or all including Pemex
the Mexican Energy reorm programme
is expected to create new opportunities
or those oil service providers who have
the will and capabilities to navigate
their way through the developing stages
o an emerging Mexican EampP industry
These opportunities arise as a result o
the Mexican Governmentrsquos decision to
invite oreign and private oil companies
to compete or blocks and licences off-
shore Mexico thus providing important
sources o new investment or the indus-
try Hopeully this will in the medium
term reduce the effects o Pemexrsquo
tightening liquidity recently leading
to a credit downgrade by Moodyrsquos and
expected to urther reduce investments
RECENT AUCTION PROCESSES
IN ROUND ONE
Following the implementation of the Energy
Reform in December 2014 the Mexican
Government announced the initial stages of
Round One of the public licence auctions
in which private entities were also able to
bid for the opportunity to perform explora-
tion and extraction activities in Mexico The
total investment including Pemexrsquos farm-
outs for Round One has been estimated
by the Mexican Government to be US$505
billion for the period 2015 - 2018
The blocks offered in the first and sec-
ond auctions launched by the National
Hydrocarbons Commission (ldquoNHCrdquo)
were presented under a Production
Sharing model and all o them presented
low geological risk with easy access to
the existing transport inrastructure
However since the offer came with strict
contractual requirements and a rather
high ldquogovernment take rdquo there was a poor
turnout at the auction Out o 14 possi-
ble blocks only two were awarded to a
consortium ormed by Sierra Oil amp Gas
Talos Energy and Premier Oil
In an attempt to attract more inter-
est the government altered the terms
o the second auction by reducing
the amount o the upront invest-
ment required by companies to bid and
increasing the size o the blocks availa-
ble This led to an increased interest and
in September 2015 the NHC awarded
three o five blocks orming part o the
auction to Eni SpA a consortium ormed
by Pan American Energy and EampP
Hidrocarburos y Servicios and a consor-
tium o Fieldwood Energy and Petrobal
The third auction is scheduled or 15
December 2015 and consists o 26 fields
which are to be awarded under a more
avourable licence model Considering
the characteristics o the fields and the
local content requirements (that are
slightly higher than or the two previous
auctions) there is reason to believe that
this bid presents good opportunities or
smaller and local participants to gain a
oothold in the process
Oil companies that are awarded blocks
during these auctions and enter into con-
tracts with the Mexican Government will
need to make firm commitments and will
be subject to firm deadlines by which they
need to meet their investments obliga-
tions Thus they will not have the opportu-
nity to postpone their obligations pending
an increase in the oil price With these
new entrants to the sector there should
be ample scope or oil service providers
to take advantage o increasing opportuni-
ties in a market that has been somewhat
passive or over 20 years The Mexican
market is opening up and this is expected
to continue to develop over the next ew
years notwithstanding the continuation o
a low oil price
I you are interested in obtaining additional
inormation on this matter please do not
hesitate to contact Santiago Sepuacutelveda
Yturbe ( santiagosepulvedacreelmx ) at
Creel Garciacutea-Cueacutellar Aiza y Enriacutequez
MEXICOndash slow but steady opportunities
7232019 Wikborg Global Offshore Projects DEC15
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14 15
T in connection with Russia and
Iran differ in many ways The ormer are recent targeted andfixed or the oreseeable uture the latter long-standing broad
and likely soon to change With regard to Iran Adoption Day
under the 14 July Joint Comprehensive Plan o Action (ldquoJCPOArdquo)
arrived as expected on 18 October 2015 Now the International
Atomic Energy Agencyrsquos (ldquoIAEArdquo) verdict is awaited on the
nuclear inrastructure changes to which Iran has agreed That
might come in the second quarter o 2016 and IAEA approval
will bring with it Implementation Day - the lifing o nuclear-
related sanctions against Iran
The opportunities created by the lifing o sanctions against
Iran are obvious The country sits high on listings o proven oil
gas and mineral reserves and its economy craves oreign invest-
ment However the risks are considerable and the circumstances
unique ndash acres o sanction text and decades o trade embargo will
vanish at the same moment as part o an agreement centred on
preventing an ideologically different unpredictable and ofen hos-
tile regime rom developing nuclear weapons
In this highly complex environment great care will need to
be taken once sanctions against Iran are lifed First Iran ranks
130189 in the World Bankrsquos Ease o Doing Business Report
and 136175 on Transparency Internationalrsquos Corruption
Perceptions Index Compliance awareness procedures written
instructions contract terms verification audit enorcement
and remedy will all need to match the likely difficulties The
first task will be to explain and then to apply amiliar concepts
Thorough screening must continue to support anti-corruption
and to detect individuals and entities that remain proscribed
perhaps on account o human rights or even terrorism as it is
only the nuclear-related restrictions that will be lifed
Second what can be removed can be reinstated This is the
ldquosnap-backrdquo mechanism a core part o the reassurance under-
pinning the JCPOA This is a procedure not an instant fix Any
party alleging ault could start the dispute resolution process
and i a serious breach was made out against Iran then sanc-
tions would be re-imposed Perhaps then additional sanctions
would ollow but at the very least the neo-lawul would again
become unlawul This would not be retrospective so con-
tracts pre-dating ldquosnap-backrdquo could still be perormed but it
is easy to oresee difficulties or example with suppliers or
IRANndash uncharted waters demanding care
with intended subcontracts While not
actually expecting such developmentsparties should prepare Much might be
gained rom analysis o what would or
might happen on any ldquosnap-backrdquo and
ensuring that there are adequate provi-
sions in contracts to cover such an even-
tuality just in case
Third the US has only lifed sanc-
tions ldquodirected towards non-US per-
sonsrdquo Save where there is a specific
OFAC licence the sanctions will still
apply in ull to ldquoUS personsrdquo as defined
This means that any such persons must
be sealed rom any involvement in Iran
issues whether they are individuals or
companies owned or controlled in the
relevant ways The structure o a com-
pany should not present difficulty but
individual nationality status - or all
rom directors and other key decision-
makers through to clerical and ancillary
staff - might prove harder to establish
and ready assumption must not replace
proper enquiry The recent Schlumberger
and Deutsche Bank cases illustrate the
costly and other adverse consequences
o impermissible involvement o US
persons A provable system or finding
who they are and keeping them away
rom Iran-related matters needs to be in
place
Lifing nuclear-related sanctions
against Iran will undoubtedly create
great opportunities but the danger
areas offer serious challenges that will
require great care to be taken In all
aspects o any emerging trade with Iran
awareness must be heightened issues
identified due diligence perormed and
caution exercised P H O T O 983098
I s t o c
k p
h o
t o
In this highly complexenvironment great care
will need to be takenonce sanctions against
Iran are lifed
7232019 Wikborg Global Offshore Projects DEC15
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16 17
area Where granted the license also has
a liespan o one year
The second requirement arises under
the Nigerian Oil and Gas Industry Content
Development Act o 2010 This Act
requires operators in the Nigerian oil and
gas industry to demonstrate that certain
minimum levels o Nigerian content is
used in their exploration and production
activities By way o example 65 o
the spend must be on Nigerian offshore
support vessels 55 on hire or drilling
rigs and 50 o the spend on production
units Even though the Act was passed
in 2010 the Nigerian authorities only
started to enorce these requirements in
2013 These requirements may similarly
be difficult to satisy or the operators
but in practice the main requirement
rom the supervisory Nigerian Content
Development Management Board (the
ldquoNCDMBrdquo) has been that the opera-
tors present a plan showing how they
plan to increase the Nigerian content in
their operations to the statutory mini-
mum requirements However NCMB
has also separately been pursuing a
marine vessel utilisation scheme which
seeks to achieve at least 60 ownership
o marine assets by Nigerian companies
by 2015 Owners o marine assets able to
demonstrate a higher level o Nigerian
content will accordingly have a competi-
tive advantage when tendering or con-
tracts in Nigeria
FUTURE DEVELOPMENTS
Following his election the new Nigerian
president Muhammadu Buhari has
introduced significant changes to the
Nigerian petroleum industry Mr Buhari
has assumed office as Nigeriarsquos new
oil minister he has replaced the entire
board o the state-run Nigerian National
Petroleum Corporation (ldquoNNPCrdquo) and
split the NNPC into two entities These
actions were taken as part o the new
presidentrsquos laudable aim to tackle the
substantial problems o corruption and
oil thefs within the oil industry
However in addition to these chal-
lenges there is also an urgent need or
the new administration to bring greater
clarity to the legal ramework applicable
to the Nigerian petroleum industry It is
anticipated that this task will be tackled
although it is expected that the changes
will be more conservative than progres-
sive Thus it is unlikely that any change
will see an end or serious reduction in the
local content requirements For some time
to come thereore owners o marine assets
will have to continue to take account o
the rather complex local content require-
ments when assessing business opportu-
nities in Nigeria
P H O T O 983098
I s t o c
k p
h o
t o
NIGERIA ndash an overdue doseo clarity required
I N authori-
ties have paid a great deal o attention
to compliance with the requirements or
local content relating to marine vessels
drilling units equipment and services
utilised in Nigeriarsquos oil and gas industry
However in order to attract international
investment and service providers there
is an urgent need or the recently elected
administration in Nigeria to create a
stable regulatory ramework through
which such investments and activities
can be carried out
CURRENT REGULATORY
FRAMEWORK
Owners wishing to utilise marine assets
in the offshore industry in Nigeria need
to take into account two main require-
ments regarding local content
The first is the Nigerian Coastal and
Inland Shipping (Cabotage) Act o 2003
This Act requires all vessels trading
between Nigerian ports or in Nigerian
waters (including in connection with
the exploration exploitation or trans-
portation o petroleum resources) to
be built by a Nigerian yard registered
in the name o a Nigerian company
owned by Nigerian shareholders to fly
the Nigerian flag and be manned only by
Nigerians These requirements apply to
vessels (including FPSOs) but there are
on-going cases in the Nigerian courts
regarding whether the Act applies to
drilling rigs and their operations I it
does then owners would need to obtain
waivers rom the three main require-
ments o the Act that they do not satisy
The ownership requirement may be
satisfied through a bareboat chartering
structure where a Nigerian company
bareboat charters a oreign vessel or a
minimum period o five years during
which period the vessel will be regis-
tered in the Nigerian Ship Register and
fly the Nigerian flag with simultaneous
suspension o the primary registration
o the oreign vessel The Cabotage Act
also provides or a system o waivers
whereby any o the three main Nigerian
content requirements may be waived
where no Nigerian capacity is available
or suitable However waivers relating to
ownership and manning requirements
are increasingly difficult to obtain due to
the increase in the number o Nigerian
owned vessels and Nigerian seaar-
ers On the other hand the waiver rom
the Nigerian build requirement is still
relatively easy to obtain due to the act
that there are very ew Nigerian ship-
yards with capability to construct the
type o vessels required Where waivers
are given they are valid or one year ndash
although they may be r enewed Foreign
vessels operating in the cabotage area
also require a licence in addition to the
waivers to operate within the cabotage
7232019 Wikborg Global Offshore Projects DEC15
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18 19
CHINA ndash a more cautious approach to fnancing
I C financial institutions have proved
to be an increasingly important source o capital or shipping
and offshore assets However difficult market conditions have
created challenges or the over-developed Chinese shipbuild-
ing industry and have dampened the enthusiasm o the Chinesefinancial markets Most Chinese banks and financial leasing
companies have become more cautious in their approach to the
financing o international shipping and offshore assets Despite
this China will continue to play an important role in financing
shipping and offshore transactions
INTERNATIONALISATION OF ldquoCHINESE SHIP FINANCErdquo
Traditionally Chinese banks supported Chinese owners and
yards but afer 2008 more and more financial institutions also
engaged with international owners This development ollowed
policy decisions by Chinese authorities encouraging amongst
other things the promotion o Shanghai as a global shipping
centre control o resources required or growth in the domestic
economy (including the fleet o vessels owned by Chinese state
owned entities) strategic links with resource rich countries and
general support or the Chinese shipbuilding industry
An important instrument in this development has been the
availability o Chinese export credit guarantees Export credit
arrangements have played a significant role as an instrument
which enables governments o many countries to support export-
ers and the importance o the Chinese export credit instructions is
a reflection o the growth o Chinese shipyards Various financing
products such as buyersrsquo or sellersrsquo credits and export credit insur-
ances have enriched the financing sources or Chinese ship or off-
shore unit exports and to a certain extent it has also contributed
to the prosperity o the Chinese shipyards
Another important development in the Chinese financing
arena has been the growth o Chinese leasing companies and
more than 1000 leasing companies have emerged during the
last ten years These companies provide unding through
ownership by way o ldquosale and leasebackrdquo ldquolease and purchaserdquo
or other similar arrangements with or without a purchase
option or the lessee Such arrangements may be attractive off-
balance-sheet alternatives to international owners by providing
more flexibility in deal structures and financing costs
THE NEXT STEPS
Chinese financing is no different rom financing or leasing arrange-
ments in other jurisdictions There are as in any jurisdiction
cultural aspects to be taken into account but the documentation
is similar to international transactions and industrial standards
(such as the LMA orms) and is ofen governed by English law
Chinese financing and leasing institutions were once
considered to be rather over eager to participate in financ-ing certain types o projects or assets but a clear trend in
todayrsquos market is that ownersrsquo backgrounds the economics
markets o assets and documentation underpinning projects
are required to undergo a detailed and thorough review beore
unds are committed This is particularly true within the
offshore segment where gloomy market conditions are casting
shadows onto the financing opportunities China Exim Bank has
on several occasions emphasised that they will give priority
to higher technology and higher value asset classes such as
LNG large containerships and eco-ships On the other hand
the Chinese unds are still available and rom many sources
but the competition between the Chinese financing institutions
to secure the good projects is fierce
The challenging conditions at Chinese shipyards are also
an important actor impacting the way orward or the Chinese
financing community The backlog o orders at the shipyards
includes a significant number o units that are to be delivered
into a market where employment rates are low This is an
environment where traditional shipping banks (and the capital
markets as a whole) may be reluctant to provide financing and
where the Chinese export credit agencies once again will need
to provide significant parts o the unding required The Chinese
export credit agencies have also expressed the need to guide
the shipping and shipbuilding sectors out o the current down-
turn but to what extent support is available may ultimately
turn on the political will o relevant authorities in respect o
the industry and asset class in question
The multiple aspects affecting Chinese ship and offshore
finance makes it difficult to predict how matters will develop
but Chinese financing institutions will continue to play an
important role in providing uture take-out financing or
refinancing o assets which in turn will have a significant
impact on the Chinese construction markets The expectation
is that such financing arrangements will become increasingly
complex and will involve elements o traditional bank unding
export credit leasing arrangements and other instruments The
question is thereore not so much whether Chinese financing
is still relevant but rather how to match the correct source o
unding with the right project through the best ramework P H O T O 983098
I l j 983137
H e n
d e
l
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20 21
OFFSHORECONSTRUCTION
IN CHINAndash a step too ar
O Chinese shipyards have moved
inexorably into the offshore construction market and in
particular into the jack up market Progressing rom the
construction o smaller units a number o Chinese yards are
now heavily involved in the construction o larger and more
sophisticated jack ups At the start o 2015 60 jack up units
were scheduled to be delivered rom Chinese yards in 2015-
2016 This figure represents about 60 o all jack ups to be
delivered in 2015-2016 worldwide
To secure such dominance in the market the Chinese yards
have provided attractive payment packages to prospective
owners or example in some cases requiring a small down
payment o only 5 at the start o the construction process
with the remaining 95 being payable on delivery Given
that larger jack ups commanded a price tag o around US$230
million such payment terms enabled more buyers to enter the
market many o them on a speculative basis It is estimated
that over hal o the jack ups contracted or at Chinese yards
were contracted or at a time when the prospective owners did
not have the security o a drilling contract ndash which is typically
required in order to secure take out financing
This business model worked well or the Chinese yards in the
good years but with the alling oil price and the reduction in capi-
tal EampP budgets o oil companies the demand or such drilling rigs
has allen significantly and this has caused major problems or the
Chinese yards The oversupply in the market has led to contracts
being cancelled where the prospective owners no longer consider
the project to be economically viable Even established drilling
contractors are looking to delay delivery o uncommitted rigs into
2016 and 2017 in the hope that market conditions will improve
Faced with cancellations by companies against whom ofen the
Chinese yards have limited rights o recourse the situation that
the Chinese yards find themselves in is becoming increasingly
desperate Where requests or extensions in delivery dates are
being made Chinese yards appear to be prepared to accommodate
such requests However it remains to be seen whether the parties
can agree upon urther delays beyond the already extended deliv -
ery dates should market conditions remain bleak
At the same time the value o the rigs under construction
has allen significantly and where cancellations occur the
Chinese yards are lef with assets on their hands that are
continuing to decrease in value It is unlikely that the yards
will want to operate these rigs and consequently their uture
remains uncertain Such circumstances may create oppor-
tunities or other prospective purchasers who look to secure
high specification drilling rigs at a knock down price At present
though there is little evidence to suggest that Chinese yards
most affected by rig cancellations are willing to part with the
units or a price significantly below the contract price agreed
or the construction o the unit
In part this can be explained by the custom o Chinese
yards to take out insurance with companies such as Sinosure
to protect themselves against buyerrsquos deault which sees them
made whole even i a buyer walks away rom an uneconomic
project However there also appears to be a general reluctance
on the part o the yards to sell such assets at a significant
discount Other options being explored are joint ventures with
the yard to operate the rig (at least until such time as the yard
has earned back its construction costs) andor initially leasing
the rig rom the yard with a subsequent purchase option Time
will tell as to how successul these inventive solutions are in
enabling the Chinese yards to overcome their problems but it
is clear that even the most optimistic amongst them consider
there are some very hard times still to be endured
At the start o 2015 60 jackup units were scheduled to bedelivered rom Chinese yards
in 2015-2016 This figurerepresents about 60 o all jack ups to be delivered in
2015-2016 worldwide
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22 23
WIKBORG REINrsquoS GLOBAL OFFSHORE PROJECTS TEAM
OSLO
Trond Eilertsen
Partner
teiwrno+47 901 99 186
+47 22 82 76 12
Are Zachariassen
Partner
azawrno+47 909 18 308
+47 22 82 76 72
Oddbjoslashrn Slinning
Partner
oslwrno+47 481 21 650
+47 22 82 75 14
Guy C Leonard
Senior Lawyer
gclwrno+47 977 35 003
+47 22 82 76 37
LONDON
Tormod Kloslashve
Senior Associate
tklwrno+81 90 3160 7668
+81 78 2721 777
BERGEN
Oslashystein Meland
Partner
omewrno+47 901 42 033
+47 55 21 52 75
Finn Bjoslashrnstad
Partner
fbjwrno+47 415 04 481
+47 22 82 76 11
Gaute Gjelsten
Partner
ggjwrno+47 995 23 535
+47 22 82 76 31
Oslashyvind Axe
Partner
axewrno+47 970 55 558
+47 55 21 52 71
Geir Ove Roslashberg
Partner
gorwrno+47 900 35 045
+47 55 21 52 65
Clare Calnan
Partner
clcwrcocouk+44 75 9560 7958
+44 20 7367 0304
Christian James-Olsen
Partner
colwrno+47 928 33 919
+47 55 21 52 70
Cecilie K Haltebrekke
Senior Lawyer
ckhwrno+47 416 49 158
+47 55 21 52 81
Jon Heimset
Partner
jhewrno+47 908 55 702
+47 55 21 52 72
SINGAPORE KOBE
Siri Wennevik
Partner
siwwrcomsg+65 9674 4906
+65 6496 8219
Robert Joiner
Partner
rajwrcomsg+65 8518 6239
+65 6496 8359
Ole Henrik Wille
Partner
owiwrcocouk+44 78 0351 4071
+44 20 7367 0326
Andreas Fjaeligrvoll-Larsen
Senior Lawyer
aflwrcocouk+44 77 1130 4251
+44 20 7367 0321
Rob Jardine-Brown
Partner
rjbwrcocouk+44 77 8572 2147
+44 20 7367 0305
Birgitte Karlsen
Partner
bkawrcocouk+44 75 2507 1742
+44 20 7367 0309
SHANGHAI
Ronin Zong
Partner
rlzwrcocomcn+86 138 1665 0656
+86 21 6339 0101
Chelsea Chen
Senior Lawyer
cchwrcocomcn+86 138 1687 8480
+86 210 6339 0101
Tormod Ludvik Nilsen
Partner
tlnwrcocomcn+86 216 3390 0101
+86 186 2194 4892
Jonathan C Page
Partner
jpawrcocouk+44 20 7367 0303
+44 71 3112 103
O one o the key
sources o renewable energy adopted
by European governments to meet
their commitments to mitigate climate
change and to decrease reliance on os-
sil uels in the coming years Despite
the offshore wind industry having flour-
ished in recent years the short-term
outlook or 2016 is set to see a sharp
decline in new grid connected offshore
wind capacity as compared to 2015 This
decline will affect all levels o the off-
shore wind supply chain
The sofening o the European offshore
wind market has also been compounded
by the recent slump in global oil prices
which has orced many North Sea oil
and gas companies to cut budgets and to
reeze all non-essential expenditure As
a result many maintenance brown field
enhancement and lie extension projects
in the North Sea oil and gas sector
originally scheduled or 2015 have been
temporarily halted and will likely only
now be sanctioned when the oil price
begins to stabilise at a realistic level
This has led to an oversupply o
vessels across both sectors resulting
in highly competitive rates in the off-
shore wind industry particularly on
less technically challenging projects
such as accommodation support WTG
commissioning and substation hook-up
and commissioning
The short term outlook is thereore
challenging and owners will need to
tighten their belts
The mid- to long-term outlook
however is more positive with demand
being expected to pick up in the
European offshore wind sector in late
2016 or early 2017 with approximately
20 GW o capacity expected to be added
between now and 2020 It is to be hoped
that this will bolster demand or vessels
in the European sector and hopeully
restore some equilibrium to vessel
rates
That said the extreme pressure both
rom governments and the industry itsel
to cut the capital costs o offshore wind
arm installation has resulted in devel-
opers increasingly seeking efficiencies
o scale and as a result many planned
projects will seek to utilise the new gen-
eration o larger 6-8MW turbines with
correspondingly larger oundations
The scale o these new projects will
thereore rule out many o the multi-
purpose vessels in the existing fleet o
offshore wind support vessels which
are ofen designed to perorm both oil
and gas maintenance and offshore wind
installation work A new generation
o purpose-build offshore wind arm
installation vessels will thereore be
required to meet demand
The newly delivered SEAJACKS
SCYLLA delivered rom Samsung
Heavy Industries Co Ltd to Seajacks
Group in November 2015 is one such
example and with a lif capacity o over
1500 tonnes SEAJACKS SCYLLA is
perectly placed to install the new larger
turbines and oundations
Whether other vessel owners will
ollow suit and place orders or vessels
with a similar lif capacity is yet to be
seen but with the worldrsquos shipyards
being desperate to increase their con-
tract backlog there may not be a better
time to place an order
PROSPECTS FOR THEEUROPEAN OFFSHORE
WIND INDUSTRY
991251 no good news
Despite the offshore windindustry having flourishedin recent years the short-
term outlook or 2016 is setto see a sharp decline in newgrid connected offshore wind
capacity as compared to 2015
7232019 Wikborg Global Offshore Projects DEC15
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Joe McGladdery
Partner
jmgwrcocouk+44 77 1311 3115
+44 20 7367 0302
OsloTel +47 22 82 75 00
Fax +47 22 82 75 01
oslowrno
BergenTel +47 55 21 52 00
Fax +47 55 21 52 01
bergenwrno
LondonTel +44 20 7367 0300
Fax +44 20 7367 0301
londonwrno
SingaporeTel +65 6438 4498
Fax +65 6438 4496
singaporewrno
ShanghaiTel +86 21 6339 010 1
Fax +86 21 6339 0606
shanghaiwrno
KobeTel +81 78 272 1777
Fax +81 78 272 1788
kobewrno
wwwwrno
7232019 Wikborg Global Offshore Projects DEC15
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8 9
P H O T O 983098
I s t o c
k p
h o
t o
7232019 Wikborg Global Offshore Projects DEC15
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10 11
BRAZILndash troubled waters seem
set to continue
983090983088983089983093 or oil
service providers and particularly so or
those working in the Brazilian market
The Car Wash Probe continues and the
end o this corruption scandal which has
had severe implications or Petrobras
and the industry is still some way off
That aside Petrobras has also taken the
opportunity in the prevailing market
conditions to clean-up and optimise both
its rig portolio and the offshore support
fleets through the re-negotiation or can-
cellation o contracts
Although the outcome o these renego-
tiations have not generally been made
public the view is that at least nine rigs
have been taken out o the Brazilian
market over the last ew months either
as a result o a cancellations use o
avourable stand-by provisions or by
Petrobras not exercising options that
had previously been ldquobankedrdquo by the rig
owners Outright terminations have also
occurred usually on grounds that there
has been a ldquobreach o contractrdquo but
normally without urther explanation
Some o these terminations may have
links to the Car Wash Probe but this has
not been officially confirmed
Another 13 rigs currently employed
by Petrobras will come off contract in
2016 and it is not expected that any
o these contracts will be extended or
renewed In addition many contractors in
the Brazilian rig market appear to have
accepted amended terms in their existing contracts generally
by agreeing to reducing charter hire against an extension o
the contract period This exercise will result in substantial
short term savings or Petrobras but hopeully will also give
rig owners in Brazil some relie (and increased predictability)
going orward
At the same time Petrobras have increased their ocus
on their periodic assessment o the offshore support fleet in
accordance with the ANTAQ rules Petrobras is under an obli-
gation under the ANTAQ rules to regularly (and normally on
an annual basis) assess whether any oreign vessel chartered
or operations in Brazil can be replaced by a Brazilian owned
flagged vessel Under the rules Brazilian tonnage is to be given
priority This has resulted in increased prioritisation being
given by Petrobras to Brazilian owners and vessels and the ter-
mination o charters entered into with oreign owned vessels
Over the last ew months the need to secure annual renewal
o the ANTAQ license which previously had been viewed as a
mere ormality has created substantial uncertainty or a num-
ber o oreign OSV owners including those who have been long
term players in the Brazilian market and who have substantial
OSV fleets operating in Brazil Similar regulations apply in other
jurisdictions or example in Mexico but oreign owners may have
previously viewed this as a ldquosleepingrdquo provision This is no longer
the case and a number o oreign OSV owners in Brazil who are
hard pressed to find alternative employment or their vessels are
looking at possibilities or converting into a more Brazilian
fleet through either arranging bareboat charters to a Brazilian
entity and suspension o the current flagdual registration
However not all ship registries accept dual registration and
restructuring ofen raises adverse tax and other consequences
that need to be careully assessed It remains to be seen how
much o an impact the application o ANTAQ rules may have
on the total OSV fleet in Brazil and whether Petrobras will
continue to prioritise its ocus on this during 2016 P H O T O 983098
I s t o c
k p
h o
t o
It remains to be seen howmuch o an impact the
application o ANTAQ rulesmay have on the total OSV
fleet in Brazil
7232019 Wikborg Global Offshore Projects DEC15
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12 13
P H O T O 983098
i s t o c
k p
h o
t o
W in the oil and
gas sector has created a challenging
environment or all including Pemex
the Mexican Energy reorm programme
is expected to create new opportunities
or those oil service providers who have
the will and capabilities to navigate
their way through the developing stages
o an emerging Mexican EampP industry
These opportunities arise as a result o
the Mexican Governmentrsquos decision to
invite oreign and private oil companies
to compete or blocks and licences off-
shore Mexico thus providing important
sources o new investment or the indus-
try Hopeully this will in the medium
term reduce the effects o Pemexrsquo
tightening liquidity recently leading
to a credit downgrade by Moodyrsquos and
expected to urther reduce investments
RECENT AUCTION PROCESSES
IN ROUND ONE
Following the implementation of the Energy
Reform in December 2014 the Mexican
Government announced the initial stages of
Round One of the public licence auctions
in which private entities were also able to
bid for the opportunity to perform explora-
tion and extraction activities in Mexico The
total investment including Pemexrsquos farm-
outs for Round One has been estimated
by the Mexican Government to be US$505
billion for the period 2015 - 2018
The blocks offered in the first and sec-
ond auctions launched by the National
Hydrocarbons Commission (ldquoNHCrdquo)
were presented under a Production
Sharing model and all o them presented
low geological risk with easy access to
the existing transport inrastructure
However since the offer came with strict
contractual requirements and a rather
high ldquogovernment take rdquo there was a poor
turnout at the auction Out o 14 possi-
ble blocks only two were awarded to a
consortium ormed by Sierra Oil amp Gas
Talos Energy and Premier Oil
In an attempt to attract more inter-
est the government altered the terms
o the second auction by reducing
the amount o the upront invest-
ment required by companies to bid and
increasing the size o the blocks availa-
ble This led to an increased interest and
in September 2015 the NHC awarded
three o five blocks orming part o the
auction to Eni SpA a consortium ormed
by Pan American Energy and EampP
Hidrocarburos y Servicios and a consor-
tium o Fieldwood Energy and Petrobal
The third auction is scheduled or 15
December 2015 and consists o 26 fields
which are to be awarded under a more
avourable licence model Considering
the characteristics o the fields and the
local content requirements (that are
slightly higher than or the two previous
auctions) there is reason to believe that
this bid presents good opportunities or
smaller and local participants to gain a
oothold in the process
Oil companies that are awarded blocks
during these auctions and enter into con-
tracts with the Mexican Government will
need to make firm commitments and will
be subject to firm deadlines by which they
need to meet their investments obliga-
tions Thus they will not have the opportu-
nity to postpone their obligations pending
an increase in the oil price With these
new entrants to the sector there should
be ample scope or oil service providers
to take advantage o increasing opportuni-
ties in a market that has been somewhat
passive or over 20 years The Mexican
market is opening up and this is expected
to continue to develop over the next ew
years notwithstanding the continuation o
a low oil price
I you are interested in obtaining additional
inormation on this matter please do not
hesitate to contact Santiago Sepuacutelveda
Yturbe ( santiagosepulvedacreelmx ) at
Creel Garciacutea-Cueacutellar Aiza y Enriacutequez
MEXICOndash slow but steady opportunities
7232019 Wikborg Global Offshore Projects DEC15
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14 15
T in connection with Russia and
Iran differ in many ways The ormer are recent targeted andfixed or the oreseeable uture the latter long-standing broad
and likely soon to change With regard to Iran Adoption Day
under the 14 July Joint Comprehensive Plan o Action (ldquoJCPOArdquo)
arrived as expected on 18 October 2015 Now the International
Atomic Energy Agencyrsquos (ldquoIAEArdquo) verdict is awaited on the
nuclear inrastructure changes to which Iran has agreed That
might come in the second quarter o 2016 and IAEA approval
will bring with it Implementation Day - the lifing o nuclear-
related sanctions against Iran
The opportunities created by the lifing o sanctions against
Iran are obvious The country sits high on listings o proven oil
gas and mineral reserves and its economy craves oreign invest-
ment However the risks are considerable and the circumstances
unique ndash acres o sanction text and decades o trade embargo will
vanish at the same moment as part o an agreement centred on
preventing an ideologically different unpredictable and ofen hos-
tile regime rom developing nuclear weapons
In this highly complex environment great care will need to
be taken once sanctions against Iran are lifed First Iran ranks
130189 in the World Bankrsquos Ease o Doing Business Report
and 136175 on Transparency Internationalrsquos Corruption
Perceptions Index Compliance awareness procedures written
instructions contract terms verification audit enorcement
and remedy will all need to match the likely difficulties The
first task will be to explain and then to apply amiliar concepts
Thorough screening must continue to support anti-corruption
and to detect individuals and entities that remain proscribed
perhaps on account o human rights or even terrorism as it is
only the nuclear-related restrictions that will be lifed
Second what can be removed can be reinstated This is the
ldquosnap-backrdquo mechanism a core part o the reassurance under-
pinning the JCPOA This is a procedure not an instant fix Any
party alleging ault could start the dispute resolution process
and i a serious breach was made out against Iran then sanc-
tions would be re-imposed Perhaps then additional sanctions
would ollow but at the very least the neo-lawul would again
become unlawul This would not be retrospective so con-
tracts pre-dating ldquosnap-backrdquo could still be perormed but it
is easy to oresee difficulties or example with suppliers or
IRANndash uncharted waters demanding care
with intended subcontracts While not
actually expecting such developmentsparties should prepare Much might be
gained rom analysis o what would or
might happen on any ldquosnap-backrdquo and
ensuring that there are adequate provi-
sions in contracts to cover such an even-
tuality just in case
Third the US has only lifed sanc-
tions ldquodirected towards non-US per-
sonsrdquo Save where there is a specific
OFAC licence the sanctions will still
apply in ull to ldquoUS personsrdquo as defined
This means that any such persons must
be sealed rom any involvement in Iran
issues whether they are individuals or
companies owned or controlled in the
relevant ways The structure o a com-
pany should not present difficulty but
individual nationality status - or all
rom directors and other key decision-
makers through to clerical and ancillary
staff - might prove harder to establish
and ready assumption must not replace
proper enquiry The recent Schlumberger
and Deutsche Bank cases illustrate the
costly and other adverse consequences
o impermissible involvement o US
persons A provable system or finding
who they are and keeping them away
rom Iran-related matters needs to be in
place
Lifing nuclear-related sanctions
against Iran will undoubtedly create
great opportunities but the danger
areas offer serious challenges that will
require great care to be taken In all
aspects o any emerging trade with Iran
awareness must be heightened issues
identified due diligence perormed and
caution exercised P H O T O 983098
I s t o c
k p
h o
t o
In this highly complexenvironment great care
will need to be takenonce sanctions against
Iran are lifed
7232019 Wikborg Global Offshore Projects DEC15
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16 17
area Where granted the license also has
a liespan o one year
The second requirement arises under
the Nigerian Oil and Gas Industry Content
Development Act o 2010 This Act
requires operators in the Nigerian oil and
gas industry to demonstrate that certain
minimum levels o Nigerian content is
used in their exploration and production
activities By way o example 65 o
the spend must be on Nigerian offshore
support vessels 55 on hire or drilling
rigs and 50 o the spend on production
units Even though the Act was passed
in 2010 the Nigerian authorities only
started to enorce these requirements in
2013 These requirements may similarly
be difficult to satisy or the operators
but in practice the main requirement
rom the supervisory Nigerian Content
Development Management Board (the
ldquoNCDMBrdquo) has been that the opera-
tors present a plan showing how they
plan to increase the Nigerian content in
their operations to the statutory mini-
mum requirements However NCMB
has also separately been pursuing a
marine vessel utilisation scheme which
seeks to achieve at least 60 ownership
o marine assets by Nigerian companies
by 2015 Owners o marine assets able to
demonstrate a higher level o Nigerian
content will accordingly have a competi-
tive advantage when tendering or con-
tracts in Nigeria
FUTURE DEVELOPMENTS
Following his election the new Nigerian
president Muhammadu Buhari has
introduced significant changes to the
Nigerian petroleum industry Mr Buhari
has assumed office as Nigeriarsquos new
oil minister he has replaced the entire
board o the state-run Nigerian National
Petroleum Corporation (ldquoNNPCrdquo) and
split the NNPC into two entities These
actions were taken as part o the new
presidentrsquos laudable aim to tackle the
substantial problems o corruption and
oil thefs within the oil industry
However in addition to these chal-
lenges there is also an urgent need or
the new administration to bring greater
clarity to the legal ramework applicable
to the Nigerian petroleum industry It is
anticipated that this task will be tackled
although it is expected that the changes
will be more conservative than progres-
sive Thus it is unlikely that any change
will see an end or serious reduction in the
local content requirements For some time
to come thereore owners o marine assets
will have to continue to take account o
the rather complex local content require-
ments when assessing business opportu-
nities in Nigeria
P H O T O 983098
I s t o c
k p
h o
t o
NIGERIA ndash an overdue doseo clarity required
I N authori-
ties have paid a great deal o attention
to compliance with the requirements or
local content relating to marine vessels
drilling units equipment and services
utilised in Nigeriarsquos oil and gas industry
However in order to attract international
investment and service providers there
is an urgent need or the recently elected
administration in Nigeria to create a
stable regulatory ramework through
which such investments and activities
can be carried out
CURRENT REGULATORY
FRAMEWORK
Owners wishing to utilise marine assets
in the offshore industry in Nigeria need
to take into account two main require-
ments regarding local content
The first is the Nigerian Coastal and
Inland Shipping (Cabotage) Act o 2003
This Act requires all vessels trading
between Nigerian ports or in Nigerian
waters (including in connection with
the exploration exploitation or trans-
portation o petroleum resources) to
be built by a Nigerian yard registered
in the name o a Nigerian company
owned by Nigerian shareholders to fly
the Nigerian flag and be manned only by
Nigerians These requirements apply to
vessels (including FPSOs) but there are
on-going cases in the Nigerian courts
regarding whether the Act applies to
drilling rigs and their operations I it
does then owners would need to obtain
waivers rom the three main require-
ments o the Act that they do not satisy
The ownership requirement may be
satisfied through a bareboat chartering
structure where a Nigerian company
bareboat charters a oreign vessel or a
minimum period o five years during
which period the vessel will be regis-
tered in the Nigerian Ship Register and
fly the Nigerian flag with simultaneous
suspension o the primary registration
o the oreign vessel The Cabotage Act
also provides or a system o waivers
whereby any o the three main Nigerian
content requirements may be waived
where no Nigerian capacity is available
or suitable However waivers relating to
ownership and manning requirements
are increasingly difficult to obtain due to
the increase in the number o Nigerian
owned vessels and Nigerian seaar-
ers On the other hand the waiver rom
the Nigerian build requirement is still
relatively easy to obtain due to the act
that there are very ew Nigerian ship-
yards with capability to construct the
type o vessels required Where waivers
are given they are valid or one year ndash
although they may be r enewed Foreign
vessels operating in the cabotage area
also require a licence in addition to the
waivers to operate within the cabotage
7232019 Wikborg Global Offshore Projects DEC15
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18 19
CHINA ndash a more cautious approach to fnancing
I C financial institutions have proved
to be an increasingly important source o capital or shipping
and offshore assets However difficult market conditions have
created challenges or the over-developed Chinese shipbuild-
ing industry and have dampened the enthusiasm o the Chinesefinancial markets Most Chinese banks and financial leasing
companies have become more cautious in their approach to the
financing o international shipping and offshore assets Despite
this China will continue to play an important role in financing
shipping and offshore transactions
INTERNATIONALISATION OF ldquoCHINESE SHIP FINANCErdquo
Traditionally Chinese banks supported Chinese owners and
yards but afer 2008 more and more financial institutions also
engaged with international owners This development ollowed
policy decisions by Chinese authorities encouraging amongst
other things the promotion o Shanghai as a global shipping
centre control o resources required or growth in the domestic
economy (including the fleet o vessels owned by Chinese state
owned entities) strategic links with resource rich countries and
general support or the Chinese shipbuilding industry
An important instrument in this development has been the
availability o Chinese export credit guarantees Export credit
arrangements have played a significant role as an instrument
which enables governments o many countries to support export-
ers and the importance o the Chinese export credit instructions is
a reflection o the growth o Chinese shipyards Various financing
products such as buyersrsquo or sellersrsquo credits and export credit insur-
ances have enriched the financing sources or Chinese ship or off-
shore unit exports and to a certain extent it has also contributed
to the prosperity o the Chinese shipyards
Another important development in the Chinese financing
arena has been the growth o Chinese leasing companies and
more than 1000 leasing companies have emerged during the
last ten years These companies provide unding through
ownership by way o ldquosale and leasebackrdquo ldquolease and purchaserdquo
or other similar arrangements with or without a purchase
option or the lessee Such arrangements may be attractive off-
balance-sheet alternatives to international owners by providing
more flexibility in deal structures and financing costs
THE NEXT STEPS
Chinese financing is no different rom financing or leasing arrange-
ments in other jurisdictions There are as in any jurisdiction
cultural aspects to be taken into account but the documentation
is similar to international transactions and industrial standards
(such as the LMA orms) and is ofen governed by English law
Chinese financing and leasing institutions were once
considered to be rather over eager to participate in financ-ing certain types o projects or assets but a clear trend in
todayrsquos market is that ownersrsquo backgrounds the economics
markets o assets and documentation underpinning projects
are required to undergo a detailed and thorough review beore
unds are committed This is particularly true within the
offshore segment where gloomy market conditions are casting
shadows onto the financing opportunities China Exim Bank has
on several occasions emphasised that they will give priority
to higher technology and higher value asset classes such as
LNG large containerships and eco-ships On the other hand
the Chinese unds are still available and rom many sources
but the competition between the Chinese financing institutions
to secure the good projects is fierce
The challenging conditions at Chinese shipyards are also
an important actor impacting the way orward or the Chinese
financing community The backlog o orders at the shipyards
includes a significant number o units that are to be delivered
into a market where employment rates are low This is an
environment where traditional shipping banks (and the capital
markets as a whole) may be reluctant to provide financing and
where the Chinese export credit agencies once again will need
to provide significant parts o the unding required The Chinese
export credit agencies have also expressed the need to guide
the shipping and shipbuilding sectors out o the current down-
turn but to what extent support is available may ultimately
turn on the political will o relevant authorities in respect o
the industry and asset class in question
The multiple aspects affecting Chinese ship and offshore
finance makes it difficult to predict how matters will develop
but Chinese financing institutions will continue to play an
important role in providing uture take-out financing or
refinancing o assets which in turn will have a significant
impact on the Chinese construction markets The expectation
is that such financing arrangements will become increasingly
complex and will involve elements o traditional bank unding
export credit leasing arrangements and other instruments The
question is thereore not so much whether Chinese financing
is still relevant but rather how to match the correct source o
unding with the right project through the best ramework P H O T O 983098
I l j 983137
H e n
d e
l
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20 21
OFFSHORECONSTRUCTION
IN CHINAndash a step too ar
O Chinese shipyards have moved
inexorably into the offshore construction market and in
particular into the jack up market Progressing rom the
construction o smaller units a number o Chinese yards are
now heavily involved in the construction o larger and more
sophisticated jack ups At the start o 2015 60 jack up units
were scheduled to be delivered rom Chinese yards in 2015-
2016 This figure represents about 60 o all jack ups to be
delivered in 2015-2016 worldwide
To secure such dominance in the market the Chinese yards
have provided attractive payment packages to prospective
owners or example in some cases requiring a small down
payment o only 5 at the start o the construction process
with the remaining 95 being payable on delivery Given
that larger jack ups commanded a price tag o around US$230
million such payment terms enabled more buyers to enter the
market many o them on a speculative basis It is estimated
that over hal o the jack ups contracted or at Chinese yards
were contracted or at a time when the prospective owners did
not have the security o a drilling contract ndash which is typically
required in order to secure take out financing
This business model worked well or the Chinese yards in the
good years but with the alling oil price and the reduction in capi-
tal EampP budgets o oil companies the demand or such drilling rigs
has allen significantly and this has caused major problems or the
Chinese yards The oversupply in the market has led to contracts
being cancelled where the prospective owners no longer consider
the project to be economically viable Even established drilling
contractors are looking to delay delivery o uncommitted rigs into
2016 and 2017 in the hope that market conditions will improve
Faced with cancellations by companies against whom ofen the
Chinese yards have limited rights o recourse the situation that
the Chinese yards find themselves in is becoming increasingly
desperate Where requests or extensions in delivery dates are
being made Chinese yards appear to be prepared to accommodate
such requests However it remains to be seen whether the parties
can agree upon urther delays beyond the already extended deliv -
ery dates should market conditions remain bleak
At the same time the value o the rigs under construction
has allen significantly and where cancellations occur the
Chinese yards are lef with assets on their hands that are
continuing to decrease in value It is unlikely that the yards
will want to operate these rigs and consequently their uture
remains uncertain Such circumstances may create oppor-
tunities or other prospective purchasers who look to secure
high specification drilling rigs at a knock down price At present
though there is little evidence to suggest that Chinese yards
most affected by rig cancellations are willing to part with the
units or a price significantly below the contract price agreed
or the construction o the unit
In part this can be explained by the custom o Chinese
yards to take out insurance with companies such as Sinosure
to protect themselves against buyerrsquos deault which sees them
made whole even i a buyer walks away rom an uneconomic
project However there also appears to be a general reluctance
on the part o the yards to sell such assets at a significant
discount Other options being explored are joint ventures with
the yard to operate the rig (at least until such time as the yard
has earned back its construction costs) andor initially leasing
the rig rom the yard with a subsequent purchase option Time
will tell as to how successul these inventive solutions are in
enabling the Chinese yards to overcome their problems but it
is clear that even the most optimistic amongst them consider
there are some very hard times still to be endured
At the start o 2015 60 jackup units were scheduled to bedelivered rom Chinese yards
in 2015-2016 This figurerepresents about 60 o all jack ups to be delivered in
2015-2016 worldwide
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22 23
WIKBORG REINrsquoS GLOBAL OFFSHORE PROJECTS TEAM
OSLO
Trond Eilertsen
Partner
teiwrno+47 901 99 186
+47 22 82 76 12
Are Zachariassen
Partner
azawrno+47 909 18 308
+47 22 82 76 72
Oddbjoslashrn Slinning
Partner
oslwrno+47 481 21 650
+47 22 82 75 14
Guy C Leonard
Senior Lawyer
gclwrno+47 977 35 003
+47 22 82 76 37
LONDON
Tormod Kloslashve
Senior Associate
tklwrno+81 90 3160 7668
+81 78 2721 777
BERGEN
Oslashystein Meland
Partner
omewrno+47 901 42 033
+47 55 21 52 75
Finn Bjoslashrnstad
Partner
fbjwrno+47 415 04 481
+47 22 82 76 11
Gaute Gjelsten
Partner
ggjwrno+47 995 23 535
+47 22 82 76 31
Oslashyvind Axe
Partner
axewrno+47 970 55 558
+47 55 21 52 71
Geir Ove Roslashberg
Partner
gorwrno+47 900 35 045
+47 55 21 52 65
Clare Calnan
Partner
clcwrcocouk+44 75 9560 7958
+44 20 7367 0304
Christian James-Olsen
Partner
colwrno+47 928 33 919
+47 55 21 52 70
Cecilie K Haltebrekke
Senior Lawyer
ckhwrno+47 416 49 158
+47 55 21 52 81
Jon Heimset
Partner
jhewrno+47 908 55 702
+47 55 21 52 72
SINGAPORE KOBE
Siri Wennevik
Partner
siwwrcomsg+65 9674 4906
+65 6496 8219
Robert Joiner
Partner
rajwrcomsg+65 8518 6239
+65 6496 8359
Ole Henrik Wille
Partner
owiwrcocouk+44 78 0351 4071
+44 20 7367 0326
Andreas Fjaeligrvoll-Larsen
Senior Lawyer
aflwrcocouk+44 77 1130 4251
+44 20 7367 0321
Rob Jardine-Brown
Partner
rjbwrcocouk+44 77 8572 2147
+44 20 7367 0305
Birgitte Karlsen
Partner
bkawrcocouk+44 75 2507 1742
+44 20 7367 0309
SHANGHAI
Ronin Zong
Partner
rlzwrcocomcn+86 138 1665 0656
+86 21 6339 0101
Chelsea Chen
Senior Lawyer
cchwrcocomcn+86 138 1687 8480
+86 210 6339 0101
Tormod Ludvik Nilsen
Partner
tlnwrcocomcn+86 216 3390 0101
+86 186 2194 4892
Jonathan C Page
Partner
jpawrcocouk+44 20 7367 0303
+44 71 3112 103
O one o the key
sources o renewable energy adopted
by European governments to meet
their commitments to mitigate climate
change and to decrease reliance on os-
sil uels in the coming years Despite
the offshore wind industry having flour-
ished in recent years the short-term
outlook or 2016 is set to see a sharp
decline in new grid connected offshore
wind capacity as compared to 2015 This
decline will affect all levels o the off-
shore wind supply chain
The sofening o the European offshore
wind market has also been compounded
by the recent slump in global oil prices
which has orced many North Sea oil
and gas companies to cut budgets and to
reeze all non-essential expenditure As
a result many maintenance brown field
enhancement and lie extension projects
in the North Sea oil and gas sector
originally scheduled or 2015 have been
temporarily halted and will likely only
now be sanctioned when the oil price
begins to stabilise at a realistic level
This has led to an oversupply o
vessels across both sectors resulting
in highly competitive rates in the off-
shore wind industry particularly on
less technically challenging projects
such as accommodation support WTG
commissioning and substation hook-up
and commissioning
The short term outlook is thereore
challenging and owners will need to
tighten their belts
The mid- to long-term outlook
however is more positive with demand
being expected to pick up in the
European offshore wind sector in late
2016 or early 2017 with approximately
20 GW o capacity expected to be added
between now and 2020 It is to be hoped
that this will bolster demand or vessels
in the European sector and hopeully
restore some equilibrium to vessel
rates
That said the extreme pressure both
rom governments and the industry itsel
to cut the capital costs o offshore wind
arm installation has resulted in devel-
opers increasingly seeking efficiencies
o scale and as a result many planned
projects will seek to utilise the new gen-
eration o larger 6-8MW turbines with
correspondingly larger oundations
The scale o these new projects will
thereore rule out many o the multi-
purpose vessels in the existing fleet o
offshore wind support vessels which
are ofen designed to perorm both oil
and gas maintenance and offshore wind
installation work A new generation
o purpose-build offshore wind arm
installation vessels will thereore be
required to meet demand
The newly delivered SEAJACKS
SCYLLA delivered rom Samsung
Heavy Industries Co Ltd to Seajacks
Group in November 2015 is one such
example and with a lif capacity o over
1500 tonnes SEAJACKS SCYLLA is
perectly placed to install the new larger
turbines and oundations
Whether other vessel owners will
ollow suit and place orders or vessels
with a similar lif capacity is yet to be
seen but with the worldrsquos shipyards
being desperate to increase their con-
tract backlog there may not be a better
time to place an order
PROSPECTS FOR THEEUROPEAN OFFSHORE
WIND INDUSTRY
991251 no good news
Despite the offshore windindustry having flourishedin recent years the short-
term outlook or 2016 is setto see a sharp decline in newgrid connected offshore wind
capacity as compared to 2015
7232019 Wikborg Global Offshore Projects DEC15
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Joe McGladdery
Partner
jmgwrcocouk+44 77 1311 3115
+44 20 7367 0302
OsloTel +47 22 82 75 00
Fax +47 22 82 75 01
oslowrno
BergenTel +47 55 21 52 00
Fax +47 55 21 52 01
bergenwrno
LondonTel +44 20 7367 0300
Fax +44 20 7367 0301
londonwrno
SingaporeTel +65 6438 4498
Fax +65 6438 4496
singaporewrno
ShanghaiTel +86 21 6339 010 1
Fax +86 21 6339 0606
shanghaiwrno
KobeTel +81 78 272 1777
Fax +81 78 272 1788
kobewrno
wwwwrno
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 613
10 11
BRAZILndash troubled waters seem
set to continue
983090983088983089983093 or oil
service providers and particularly so or
those working in the Brazilian market
The Car Wash Probe continues and the
end o this corruption scandal which has
had severe implications or Petrobras
and the industry is still some way off
That aside Petrobras has also taken the
opportunity in the prevailing market
conditions to clean-up and optimise both
its rig portolio and the offshore support
fleets through the re-negotiation or can-
cellation o contracts
Although the outcome o these renego-
tiations have not generally been made
public the view is that at least nine rigs
have been taken out o the Brazilian
market over the last ew months either
as a result o a cancellations use o
avourable stand-by provisions or by
Petrobras not exercising options that
had previously been ldquobankedrdquo by the rig
owners Outright terminations have also
occurred usually on grounds that there
has been a ldquobreach o contractrdquo but
normally without urther explanation
Some o these terminations may have
links to the Car Wash Probe but this has
not been officially confirmed
Another 13 rigs currently employed
by Petrobras will come off contract in
2016 and it is not expected that any
o these contracts will be extended or
renewed In addition many contractors in
the Brazilian rig market appear to have
accepted amended terms in their existing contracts generally
by agreeing to reducing charter hire against an extension o
the contract period This exercise will result in substantial
short term savings or Petrobras but hopeully will also give
rig owners in Brazil some relie (and increased predictability)
going orward
At the same time Petrobras have increased their ocus
on their periodic assessment o the offshore support fleet in
accordance with the ANTAQ rules Petrobras is under an obli-
gation under the ANTAQ rules to regularly (and normally on
an annual basis) assess whether any oreign vessel chartered
or operations in Brazil can be replaced by a Brazilian owned
flagged vessel Under the rules Brazilian tonnage is to be given
priority This has resulted in increased prioritisation being
given by Petrobras to Brazilian owners and vessels and the ter-
mination o charters entered into with oreign owned vessels
Over the last ew months the need to secure annual renewal
o the ANTAQ license which previously had been viewed as a
mere ormality has created substantial uncertainty or a num-
ber o oreign OSV owners including those who have been long
term players in the Brazilian market and who have substantial
OSV fleets operating in Brazil Similar regulations apply in other
jurisdictions or example in Mexico but oreign owners may have
previously viewed this as a ldquosleepingrdquo provision This is no longer
the case and a number o oreign OSV owners in Brazil who are
hard pressed to find alternative employment or their vessels are
looking at possibilities or converting into a more Brazilian
fleet through either arranging bareboat charters to a Brazilian
entity and suspension o the current flagdual registration
However not all ship registries accept dual registration and
restructuring ofen raises adverse tax and other consequences
that need to be careully assessed It remains to be seen how
much o an impact the application o ANTAQ rules may have
on the total OSV fleet in Brazil and whether Petrobras will
continue to prioritise its ocus on this during 2016 P H O T O 983098
I s t o c
k p
h o
t o
It remains to be seen howmuch o an impact the
application o ANTAQ rulesmay have on the total OSV
fleet in Brazil
7232019 Wikborg Global Offshore Projects DEC15
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12 13
P H O T O 983098
i s t o c
k p
h o
t o
W in the oil and
gas sector has created a challenging
environment or all including Pemex
the Mexican Energy reorm programme
is expected to create new opportunities
or those oil service providers who have
the will and capabilities to navigate
their way through the developing stages
o an emerging Mexican EampP industry
These opportunities arise as a result o
the Mexican Governmentrsquos decision to
invite oreign and private oil companies
to compete or blocks and licences off-
shore Mexico thus providing important
sources o new investment or the indus-
try Hopeully this will in the medium
term reduce the effects o Pemexrsquo
tightening liquidity recently leading
to a credit downgrade by Moodyrsquos and
expected to urther reduce investments
RECENT AUCTION PROCESSES
IN ROUND ONE
Following the implementation of the Energy
Reform in December 2014 the Mexican
Government announced the initial stages of
Round One of the public licence auctions
in which private entities were also able to
bid for the opportunity to perform explora-
tion and extraction activities in Mexico The
total investment including Pemexrsquos farm-
outs for Round One has been estimated
by the Mexican Government to be US$505
billion for the period 2015 - 2018
The blocks offered in the first and sec-
ond auctions launched by the National
Hydrocarbons Commission (ldquoNHCrdquo)
were presented under a Production
Sharing model and all o them presented
low geological risk with easy access to
the existing transport inrastructure
However since the offer came with strict
contractual requirements and a rather
high ldquogovernment take rdquo there was a poor
turnout at the auction Out o 14 possi-
ble blocks only two were awarded to a
consortium ormed by Sierra Oil amp Gas
Talos Energy and Premier Oil
In an attempt to attract more inter-
est the government altered the terms
o the second auction by reducing
the amount o the upront invest-
ment required by companies to bid and
increasing the size o the blocks availa-
ble This led to an increased interest and
in September 2015 the NHC awarded
three o five blocks orming part o the
auction to Eni SpA a consortium ormed
by Pan American Energy and EampP
Hidrocarburos y Servicios and a consor-
tium o Fieldwood Energy and Petrobal
The third auction is scheduled or 15
December 2015 and consists o 26 fields
which are to be awarded under a more
avourable licence model Considering
the characteristics o the fields and the
local content requirements (that are
slightly higher than or the two previous
auctions) there is reason to believe that
this bid presents good opportunities or
smaller and local participants to gain a
oothold in the process
Oil companies that are awarded blocks
during these auctions and enter into con-
tracts with the Mexican Government will
need to make firm commitments and will
be subject to firm deadlines by which they
need to meet their investments obliga-
tions Thus they will not have the opportu-
nity to postpone their obligations pending
an increase in the oil price With these
new entrants to the sector there should
be ample scope or oil service providers
to take advantage o increasing opportuni-
ties in a market that has been somewhat
passive or over 20 years The Mexican
market is opening up and this is expected
to continue to develop over the next ew
years notwithstanding the continuation o
a low oil price
I you are interested in obtaining additional
inormation on this matter please do not
hesitate to contact Santiago Sepuacutelveda
Yturbe ( santiagosepulvedacreelmx ) at
Creel Garciacutea-Cueacutellar Aiza y Enriacutequez
MEXICOndash slow but steady opportunities
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 813
14 15
T in connection with Russia and
Iran differ in many ways The ormer are recent targeted andfixed or the oreseeable uture the latter long-standing broad
and likely soon to change With regard to Iran Adoption Day
under the 14 July Joint Comprehensive Plan o Action (ldquoJCPOArdquo)
arrived as expected on 18 October 2015 Now the International
Atomic Energy Agencyrsquos (ldquoIAEArdquo) verdict is awaited on the
nuclear inrastructure changes to which Iran has agreed That
might come in the second quarter o 2016 and IAEA approval
will bring with it Implementation Day - the lifing o nuclear-
related sanctions against Iran
The opportunities created by the lifing o sanctions against
Iran are obvious The country sits high on listings o proven oil
gas and mineral reserves and its economy craves oreign invest-
ment However the risks are considerable and the circumstances
unique ndash acres o sanction text and decades o trade embargo will
vanish at the same moment as part o an agreement centred on
preventing an ideologically different unpredictable and ofen hos-
tile regime rom developing nuclear weapons
In this highly complex environment great care will need to
be taken once sanctions against Iran are lifed First Iran ranks
130189 in the World Bankrsquos Ease o Doing Business Report
and 136175 on Transparency Internationalrsquos Corruption
Perceptions Index Compliance awareness procedures written
instructions contract terms verification audit enorcement
and remedy will all need to match the likely difficulties The
first task will be to explain and then to apply amiliar concepts
Thorough screening must continue to support anti-corruption
and to detect individuals and entities that remain proscribed
perhaps on account o human rights or even terrorism as it is
only the nuclear-related restrictions that will be lifed
Second what can be removed can be reinstated This is the
ldquosnap-backrdquo mechanism a core part o the reassurance under-
pinning the JCPOA This is a procedure not an instant fix Any
party alleging ault could start the dispute resolution process
and i a serious breach was made out against Iran then sanc-
tions would be re-imposed Perhaps then additional sanctions
would ollow but at the very least the neo-lawul would again
become unlawul This would not be retrospective so con-
tracts pre-dating ldquosnap-backrdquo could still be perormed but it
is easy to oresee difficulties or example with suppliers or
IRANndash uncharted waters demanding care
with intended subcontracts While not
actually expecting such developmentsparties should prepare Much might be
gained rom analysis o what would or
might happen on any ldquosnap-backrdquo and
ensuring that there are adequate provi-
sions in contracts to cover such an even-
tuality just in case
Third the US has only lifed sanc-
tions ldquodirected towards non-US per-
sonsrdquo Save where there is a specific
OFAC licence the sanctions will still
apply in ull to ldquoUS personsrdquo as defined
This means that any such persons must
be sealed rom any involvement in Iran
issues whether they are individuals or
companies owned or controlled in the
relevant ways The structure o a com-
pany should not present difficulty but
individual nationality status - or all
rom directors and other key decision-
makers through to clerical and ancillary
staff - might prove harder to establish
and ready assumption must not replace
proper enquiry The recent Schlumberger
and Deutsche Bank cases illustrate the
costly and other adverse consequences
o impermissible involvement o US
persons A provable system or finding
who they are and keeping them away
rom Iran-related matters needs to be in
place
Lifing nuclear-related sanctions
against Iran will undoubtedly create
great opportunities but the danger
areas offer serious challenges that will
require great care to be taken In all
aspects o any emerging trade with Iran
awareness must be heightened issues
identified due diligence perormed and
caution exercised P H O T O 983098
I s t o c
k p
h o
t o
In this highly complexenvironment great care
will need to be takenonce sanctions against
Iran are lifed
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 913
16 17
area Where granted the license also has
a liespan o one year
The second requirement arises under
the Nigerian Oil and Gas Industry Content
Development Act o 2010 This Act
requires operators in the Nigerian oil and
gas industry to demonstrate that certain
minimum levels o Nigerian content is
used in their exploration and production
activities By way o example 65 o
the spend must be on Nigerian offshore
support vessels 55 on hire or drilling
rigs and 50 o the spend on production
units Even though the Act was passed
in 2010 the Nigerian authorities only
started to enorce these requirements in
2013 These requirements may similarly
be difficult to satisy or the operators
but in practice the main requirement
rom the supervisory Nigerian Content
Development Management Board (the
ldquoNCDMBrdquo) has been that the opera-
tors present a plan showing how they
plan to increase the Nigerian content in
their operations to the statutory mini-
mum requirements However NCMB
has also separately been pursuing a
marine vessel utilisation scheme which
seeks to achieve at least 60 ownership
o marine assets by Nigerian companies
by 2015 Owners o marine assets able to
demonstrate a higher level o Nigerian
content will accordingly have a competi-
tive advantage when tendering or con-
tracts in Nigeria
FUTURE DEVELOPMENTS
Following his election the new Nigerian
president Muhammadu Buhari has
introduced significant changes to the
Nigerian petroleum industry Mr Buhari
has assumed office as Nigeriarsquos new
oil minister he has replaced the entire
board o the state-run Nigerian National
Petroleum Corporation (ldquoNNPCrdquo) and
split the NNPC into two entities These
actions were taken as part o the new
presidentrsquos laudable aim to tackle the
substantial problems o corruption and
oil thefs within the oil industry
However in addition to these chal-
lenges there is also an urgent need or
the new administration to bring greater
clarity to the legal ramework applicable
to the Nigerian petroleum industry It is
anticipated that this task will be tackled
although it is expected that the changes
will be more conservative than progres-
sive Thus it is unlikely that any change
will see an end or serious reduction in the
local content requirements For some time
to come thereore owners o marine assets
will have to continue to take account o
the rather complex local content require-
ments when assessing business opportu-
nities in Nigeria
P H O T O 983098
I s t o c
k p
h o
t o
NIGERIA ndash an overdue doseo clarity required
I N authori-
ties have paid a great deal o attention
to compliance with the requirements or
local content relating to marine vessels
drilling units equipment and services
utilised in Nigeriarsquos oil and gas industry
However in order to attract international
investment and service providers there
is an urgent need or the recently elected
administration in Nigeria to create a
stable regulatory ramework through
which such investments and activities
can be carried out
CURRENT REGULATORY
FRAMEWORK
Owners wishing to utilise marine assets
in the offshore industry in Nigeria need
to take into account two main require-
ments regarding local content
The first is the Nigerian Coastal and
Inland Shipping (Cabotage) Act o 2003
This Act requires all vessels trading
between Nigerian ports or in Nigerian
waters (including in connection with
the exploration exploitation or trans-
portation o petroleum resources) to
be built by a Nigerian yard registered
in the name o a Nigerian company
owned by Nigerian shareholders to fly
the Nigerian flag and be manned only by
Nigerians These requirements apply to
vessels (including FPSOs) but there are
on-going cases in the Nigerian courts
regarding whether the Act applies to
drilling rigs and their operations I it
does then owners would need to obtain
waivers rom the three main require-
ments o the Act that they do not satisy
The ownership requirement may be
satisfied through a bareboat chartering
structure where a Nigerian company
bareboat charters a oreign vessel or a
minimum period o five years during
which period the vessel will be regis-
tered in the Nigerian Ship Register and
fly the Nigerian flag with simultaneous
suspension o the primary registration
o the oreign vessel The Cabotage Act
also provides or a system o waivers
whereby any o the three main Nigerian
content requirements may be waived
where no Nigerian capacity is available
or suitable However waivers relating to
ownership and manning requirements
are increasingly difficult to obtain due to
the increase in the number o Nigerian
owned vessels and Nigerian seaar-
ers On the other hand the waiver rom
the Nigerian build requirement is still
relatively easy to obtain due to the act
that there are very ew Nigerian ship-
yards with capability to construct the
type o vessels required Where waivers
are given they are valid or one year ndash
although they may be r enewed Foreign
vessels operating in the cabotage area
also require a licence in addition to the
waivers to operate within the cabotage
7232019 Wikborg Global Offshore Projects DEC15
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18 19
CHINA ndash a more cautious approach to fnancing
I C financial institutions have proved
to be an increasingly important source o capital or shipping
and offshore assets However difficult market conditions have
created challenges or the over-developed Chinese shipbuild-
ing industry and have dampened the enthusiasm o the Chinesefinancial markets Most Chinese banks and financial leasing
companies have become more cautious in their approach to the
financing o international shipping and offshore assets Despite
this China will continue to play an important role in financing
shipping and offshore transactions
INTERNATIONALISATION OF ldquoCHINESE SHIP FINANCErdquo
Traditionally Chinese banks supported Chinese owners and
yards but afer 2008 more and more financial institutions also
engaged with international owners This development ollowed
policy decisions by Chinese authorities encouraging amongst
other things the promotion o Shanghai as a global shipping
centre control o resources required or growth in the domestic
economy (including the fleet o vessels owned by Chinese state
owned entities) strategic links with resource rich countries and
general support or the Chinese shipbuilding industry
An important instrument in this development has been the
availability o Chinese export credit guarantees Export credit
arrangements have played a significant role as an instrument
which enables governments o many countries to support export-
ers and the importance o the Chinese export credit instructions is
a reflection o the growth o Chinese shipyards Various financing
products such as buyersrsquo or sellersrsquo credits and export credit insur-
ances have enriched the financing sources or Chinese ship or off-
shore unit exports and to a certain extent it has also contributed
to the prosperity o the Chinese shipyards
Another important development in the Chinese financing
arena has been the growth o Chinese leasing companies and
more than 1000 leasing companies have emerged during the
last ten years These companies provide unding through
ownership by way o ldquosale and leasebackrdquo ldquolease and purchaserdquo
or other similar arrangements with or without a purchase
option or the lessee Such arrangements may be attractive off-
balance-sheet alternatives to international owners by providing
more flexibility in deal structures and financing costs
THE NEXT STEPS
Chinese financing is no different rom financing or leasing arrange-
ments in other jurisdictions There are as in any jurisdiction
cultural aspects to be taken into account but the documentation
is similar to international transactions and industrial standards
(such as the LMA orms) and is ofen governed by English law
Chinese financing and leasing institutions were once
considered to be rather over eager to participate in financ-ing certain types o projects or assets but a clear trend in
todayrsquos market is that ownersrsquo backgrounds the economics
markets o assets and documentation underpinning projects
are required to undergo a detailed and thorough review beore
unds are committed This is particularly true within the
offshore segment where gloomy market conditions are casting
shadows onto the financing opportunities China Exim Bank has
on several occasions emphasised that they will give priority
to higher technology and higher value asset classes such as
LNG large containerships and eco-ships On the other hand
the Chinese unds are still available and rom many sources
but the competition between the Chinese financing institutions
to secure the good projects is fierce
The challenging conditions at Chinese shipyards are also
an important actor impacting the way orward or the Chinese
financing community The backlog o orders at the shipyards
includes a significant number o units that are to be delivered
into a market where employment rates are low This is an
environment where traditional shipping banks (and the capital
markets as a whole) may be reluctant to provide financing and
where the Chinese export credit agencies once again will need
to provide significant parts o the unding required The Chinese
export credit agencies have also expressed the need to guide
the shipping and shipbuilding sectors out o the current down-
turn but to what extent support is available may ultimately
turn on the political will o relevant authorities in respect o
the industry and asset class in question
The multiple aspects affecting Chinese ship and offshore
finance makes it difficult to predict how matters will develop
but Chinese financing institutions will continue to play an
important role in providing uture take-out financing or
refinancing o assets which in turn will have a significant
impact on the Chinese construction markets The expectation
is that such financing arrangements will become increasingly
complex and will involve elements o traditional bank unding
export credit leasing arrangements and other instruments The
question is thereore not so much whether Chinese financing
is still relevant but rather how to match the correct source o
unding with the right project through the best ramework P H O T O 983098
I l j 983137
H e n
d e
l
7232019 Wikborg Global Offshore Projects DEC15
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20 21
OFFSHORECONSTRUCTION
IN CHINAndash a step too ar
O Chinese shipyards have moved
inexorably into the offshore construction market and in
particular into the jack up market Progressing rom the
construction o smaller units a number o Chinese yards are
now heavily involved in the construction o larger and more
sophisticated jack ups At the start o 2015 60 jack up units
were scheduled to be delivered rom Chinese yards in 2015-
2016 This figure represents about 60 o all jack ups to be
delivered in 2015-2016 worldwide
To secure such dominance in the market the Chinese yards
have provided attractive payment packages to prospective
owners or example in some cases requiring a small down
payment o only 5 at the start o the construction process
with the remaining 95 being payable on delivery Given
that larger jack ups commanded a price tag o around US$230
million such payment terms enabled more buyers to enter the
market many o them on a speculative basis It is estimated
that over hal o the jack ups contracted or at Chinese yards
were contracted or at a time when the prospective owners did
not have the security o a drilling contract ndash which is typically
required in order to secure take out financing
This business model worked well or the Chinese yards in the
good years but with the alling oil price and the reduction in capi-
tal EampP budgets o oil companies the demand or such drilling rigs
has allen significantly and this has caused major problems or the
Chinese yards The oversupply in the market has led to contracts
being cancelled where the prospective owners no longer consider
the project to be economically viable Even established drilling
contractors are looking to delay delivery o uncommitted rigs into
2016 and 2017 in the hope that market conditions will improve
Faced with cancellations by companies against whom ofen the
Chinese yards have limited rights o recourse the situation that
the Chinese yards find themselves in is becoming increasingly
desperate Where requests or extensions in delivery dates are
being made Chinese yards appear to be prepared to accommodate
such requests However it remains to be seen whether the parties
can agree upon urther delays beyond the already extended deliv -
ery dates should market conditions remain bleak
At the same time the value o the rigs under construction
has allen significantly and where cancellations occur the
Chinese yards are lef with assets on their hands that are
continuing to decrease in value It is unlikely that the yards
will want to operate these rigs and consequently their uture
remains uncertain Such circumstances may create oppor-
tunities or other prospective purchasers who look to secure
high specification drilling rigs at a knock down price At present
though there is little evidence to suggest that Chinese yards
most affected by rig cancellations are willing to part with the
units or a price significantly below the contract price agreed
or the construction o the unit
In part this can be explained by the custom o Chinese
yards to take out insurance with companies such as Sinosure
to protect themselves against buyerrsquos deault which sees them
made whole even i a buyer walks away rom an uneconomic
project However there also appears to be a general reluctance
on the part o the yards to sell such assets at a significant
discount Other options being explored are joint ventures with
the yard to operate the rig (at least until such time as the yard
has earned back its construction costs) andor initially leasing
the rig rom the yard with a subsequent purchase option Time
will tell as to how successul these inventive solutions are in
enabling the Chinese yards to overcome their problems but it
is clear that even the most optimistic amongst them consider
there are some very hard times still to be endured
At the start o 2015 60 jackup units were scheduled to bedelivered rom Chinese yards
in 2015-2016 This figurerepresents about 60 o all jack ups to be delivered in
2015-2016 worldwide
7232019 Wikborg Global Offshore Projects DEC15
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22 23
WIKBORG REINrsquoS GLOBAL OFFSHORE PROJECTS TEAM
OSLO
Trond Eilertsen
Partner
teiwrno+47 901 99 186
+47 22 82 76 12
Are Zachariassen
Partner
azawrno+47 909 18 308
+47 22 82 76 72
Oddbjoslashrn Slinning
Partner
oslwrno+47 481 21 650
+47 22 82 75 14
Guy C Leonard
Senior Lawyer
gclwrno+47 977 35 003
+47 22 82 76 37
LONDON
Tormod Kloslashve
Senior Associate
tklwrno+81 90 3160 7668
+81 78 2721 777
BERGEN
Oslashystein Meland
Partner
omewrno+47 901 42 033
+47 55 21 52 75
Finn Bjoslashrnstad
Partner
fbjwrno+47 415 04 481
+47 22 82 76 11
Gaute Gjelsten
Partner
ggjwrno+47 995 23 535
+47 22 82 76 31
Oslashyvind Axe
Partner
axewrno+47 970 55 558
+47 55 21 52 71
Geir Ove Roslashberg
Partner
gorwrno+47 900 35 045
+47 55 21 52 65
Clare Calnan
Partner
clcwrcocouk+44 75 9560 7958
+44 20 7367 0304
Christian James-Olsen
Partner
colwrno+47 928 33 919
+47 55 21 52 70
Cecilie K Haltebrekke
Senior Lawyer
ckhwrno+47 416 49 158
+47 55 21 52 81
Jon Heimset
Partner
jhewrno+47 908 55 702
+47 55 21 52 72
SINGAPORE KOBE
Siri Wennevik
Partner
siwwrcomsg+65 9674 4906
+65 6496 8219
Robert Joiner
Partner
rajwrcomsg+65 8518 6239
+65 6496 8359
Ole Henrik Wille
Partner
owiwrcocouk+44 78 0351 4071
+44 20 7367 0326
Andreas Fjaeligrvoll-Larsen
Senior Lawyer
aflwrcocouk+44 77 1130 4251
+44 20 7367 0321
Rob Jardine-Brown
Partner
rjbwrcocouk+44 77 8572 2147
+44 20 7367 0305
Birgitte Karlsen
Partner
bkawrcocouk+44 75 2507 1742
+44 20 7367 0309
SHANGHAI
Ronin Zong
Partner
rlzwrcocomcn+86 138 1665 0656
+86 21 6339 0101
Chelsea Chen
Senior Lawyer
cchwrcocomcn+86 138 1687 8480
+86 210 6339 0101
Tormod Ludvik Nilsen
Partner
tlnwrcocomcn+86 216 3390 0101
+86 186 2194 4892
Jonathan C Page
Partner
jpawrcocouk+44 20 7367 0303
+44 71 3112 103
O one o the key
sources o renewable energy adopted
by European governments to meet
their commitments to mitigate climate
change and to decrease reliance on os-
sil uels in the coming years Despite
the offshore wind industry having flour-
ished in recent years the short-term
outlook or 2016 is set to see a sharp
decline in new grid connected offshore
wind capacity as compared to 2015 This
decline will affect all levels o the off-
shore wind supply chain
The sofening o the European offshore
wind market has also been compounded
by the recent slump in global oil prices
which has orced many North Sea oil
and gas companies to cut budgets and to
reeze all non-essential expenditure As
a result many maintenance brown field
enhancement and lie extension projects
in the North Sea oil and gas sector
originally scheduled or 2015 have been
temporarily halted and will likely only
now be sanctioned when the oil price
begins to stabilise at a realistic level
This has led to an oversupply o
vessels across both sectors resulting
in highly competitive rates in the off-
shore wind industry particularly on
less technically challenging projects
such as accommodation support WTG
commissioning and substation hook-up
and commissioning
The short term outlook is thereore
challenging and owners will need to
tighten their belts
The mid- to long-term outlook
however is more positive with demand
being expected to pick up in the
European offshore wind sector in late
2016 or early 2017 with approximately
20 GW o capacity expected to be added
between now and 2020 It is to be hoped
that this will bolster demand or vessels
in the European sector and hopeully
restore some equilibrium to vessel
rates
That said the extreme pressure both
rom governments and the industry itsel
to cut the capital costs o offshore wind
arm installation has resulted in devel-
opers increasingly seeking efficiencies
o scale and as a result many planned
projects will seek to utilise the new gen-
eration o larger 6-8MW turbines with
correspondingly larger oundations
The scale o these new projects will
thereore rule out many o the multi-
purpose vessels in the existing fleet o
offshore wind support vessels which
are ofen designed to perorm both oil
and gas maintenance and offshore wind
installation work A new generation
o purpose-build offshore wind arm
installation vessels will thereore be
required to meet demand
The newly delivered SEAJACKS
SCYLLA delivered rom Samsung
Heavy Industries Co Ltd to Seajacks
Group in November 2015 is one such
example and with a lif capacity o over
1500 tonnes SEAJACKS SCYLLA is
perectly placed to install the new larger
turbines and oundations
Whether other vessel owners will
ollow suit and place orders or vessels
with a similar lif capacity is yet to be
seen but with the worldrsquos shipyards
being desperate to increase their con-
tract backlog there may not be a better
time to place an order
PROSPECTS FOR THEEUROPEAN OFFSHORE
WIND INDUSTRY
991251 no good news
Despite the offshore windindustry having flourishedin recent years the short-
term outlook or 2016 is setto see a sharp decline in newgrid connected offshore wind
capacity as compared to 2015
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1313
Joe McGladdery
Partner
jmgwrcocouk+44 77 1311 3115
+44 20 7367 0302
OsloTel +47 22 82 75 00
Fax +47 22 82 75 01
oslowrno
BergenTel +47 55 21 52 00
Fax +47 55 21 52 01
bergenwrno
LondonTel +44 20 7367 0300
Fax +44 20 7367 0301
londonwrno
SingaporeTel +65 6438 4498
Fax +65 6438 4496
singaporewrno
ShanghaiTel +86 21 6339 010 1
Fax +86 21 6339 0606
shanghaiwrno
KobeTel +81 78 272 1777
Fax +81 78 272 1788
kobewrno
wwwwrno
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 713
12 13
P H O T O 983098
i s t o c
k p
h o
t o
W in the oil and
gas sector has created a challenging
environment or all including Pemex
the Mexican Energy reorm programme
is expected to create new opportunities
or those oil service providers who have
the will and capabilities to navigate
their way through the developing stages
o an emerging Mexican EampP industry
These opportunities arise as a result o
the Mexican Governmentrsquos decision to
invite oreign and private oil companies
to compete or blocks and licences off-
shore Mexico thus providing important
sources o new investment or the indus-
try Hopeully this will in the medium
term reduce the effects o Pemexrsquo
tightening liquidity recently leading
to a credit downgrade by Moodyrsquos and
expected to urther reduce investments
RECENT AUCTION PROCESSES
IN ROUND ONE
Following the implementation of the Energy
Reform in December 2014 the Mexican
Government announced the initial stages of
Round One of the public licence auctions
in which private entities were also able to
bid for the opportunity to perform explora-
tion and extraction activities in Mexico The
total investment including Pemexrsquos farm-
outs for Round One has been estimated
by the Mexican Government to be US$505
billion for the period 2015 - 2018
The blocks offered in the first and sec-
ond auctions launched by the National
Hydrocarbons Commission (ldquoNHCrdquo)
were presented under a Production
Sharing model and all o them presented
low geological risk with easy access to
the existing transport inrastructure
However since the offer came with strict
contractual requirements and a rather
high ldquogovernment take rdquo there was a poor
turnout at the auction Out o 14 possi-
ble blocks only two were awarded to a
consortium ormed by Sierra Oil amp Gas
Talos Energy and Premier Oil
In an attempt to attract more inter-
est the government altered the terms
o the second auction by reducing
the amount o the upront invest-
ment required by companies to bid and
increasing the size o the blocks availa-
ble This led to an increased interest and
in September 2015 the NHC awarded
three o five blocks orming part o the
auction to Eni SpA a consortium ormed
by Pan American Energy and EampP
Hidrocarburos y Servicios and a consor-
tium o Fieldwood Energy and Petrobal
The third auction is scheduled or 15
December 2015 and consists o 26 fields
which are to be awarded under a more
avourable licence model Considering
the characteristics o the fields and the
local content requirements (that are
slightly higher than or the two previous
auctions) there is reason to believe that
this bid presents good opportunities or
smaller and local participants to gain a
oothold in the process
Oil companies that are awarded blocks
during these auctions and enter into con-
tracts with the Mexican Government will
need to make firm commitments and will
be subject to firm deadlines by which they
need to meet their investments obliga-
tions Thus they will not have the opportu-
nity to postpone their obligations pending
an increase in the oil price With these
new entrants to the sector there should
be ample scope or oil service providers
to take advantage o increasing opportuni-
ties in a market that has been somewhat
passive or over 20 years The Mexican
market is opening up and this is expected
to continue to develop over the next ew
years notwithstanding the continuation o
a low oil price
I you are interested in obtaining additional
inormation on this matter please do not
hesitate to contact Santiago Sepuacutelveda
Yturbe ( santiagosepulvedacreelmx ) at
Creel Garciacutea-Cueacutellar Aiza y Enriacutequez
MEXICOndash slow but steady opportunities
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 813
14 15
T in connection with Russia and
Iran differ in many ways The ormer are recent targeted andfixed or the oreseeable uture the latter long-standing broad
and likely soon to change With regard to Iran Adoption Day
under the 14 July Joint Comprehensive Plan o Action (ldquoJCPOArdquo)
arrived as expected on 18 October 2015 Now the International
Atomic Energy Agencyrsquos (ldquoIAEArdquo) verdict is awaited on the
nuclear inrastructure changes to which Iran has agreed That
might come in the second quarter o 2016 and IAEA approval
will bring with it Implementation Day - the lifing o nuclear-
related sanctions against Iran
The opportunities created by the lifing o sanctions against
Iran are obvious The country sits high on listings o proven oil
gas and mineral reserves and its economy craves oreign invest-
ment However the risks are considerable and the circumstances
unique ndash acres o sanction text and decades o trade embargo will
vanish at the same moment as part o an agreement centred on
preventing an ideologically different unpredictable and ofen hos-
tile regime rom developing nuclear weapons
In this highly complex environment great care will need to
be taken once sanctions against Iran are lifed First Iran ranks
130189 in the World Bankrsquos Ease o Doing Business Report
and 136175 on Transparency Internationalrsquos Corruption
Perceptions Index Compliance awareness procedures written
instructions contract terms verification audit enorcement
and remedy will all need to match the likely difficulties The
first task will be to explain and then to apply amiliar concepts
Thorough screening must continue to support anti-corruption
and to detect individuals and entities that remain proscribed
perhaps on account o human rights or even terrorism as it is
only the nuclear-related restrictions that will be lifed
Second what can be removed can be reinstated This is the
ldquosnap-backrdquo mechanism a core part o the reassurance under-
pinning the JCPOA This is a procedure not an instant fix Any
party alleging ault could start the dispute resolution process
and i a serious breach was made out against Iran then sanc-
tions would be re-imposed Perhaps then additional sanctions
would ollow but at the very least the neo-lawul would again
become unlawul This would not be retrospective so con-
tracts pre-dating ldquosnap-backrdquo could still be perormed but it
is easy to oresee difficulties or example with suppliers or
IRANndash uncharted waters demanding care
with intended subcontracts While not
actually expecting such developmentsparties should prepare Much might be
gained rom analysis o what would or
might happen on any ldquosnap-backrdquo and
ensuring that there are adequate provi-
sions in contracts to cover such an even-
tuality just in case
Third the US has only lifed sanc-
tions ldquodirected towards non-US per-
sonsrdquo Save where there is a specific
OFAC licence the sanctions will still
apply in ull to ldquoUS personsrdquo as defined
This means that any such persons must
be sealed rom any involvement in Iran
issues whether they are individuals or
companies owned or controlled in the
relevant ways The structure o a com-
pany should not present difficulty but
individual nationality status - or all
rom directors and other key decision-
makers through to clerical and ancillary
staff - might prove harder to establish
and ready assumption must not replace
proper enquiry The recent Schlumberger
and Deutsche Bank cases illustrate the
costly and other adverse consequences
o impermissible involvement o US
persons A provable system or finding
who they are and keeping them away
rom Iran-related matters needs to be in
place
Lifing nuclear-related sanctions
against Iran will undoubtedly create
great opportunities but the danger
areas offer serious challenges that will
require great care to be taken In all
aspects o any emerging trade with Iran
awareness must be heightened issues
identified due diligence perormed and
caution exercised P H O T O 983098
I s t o c
k p
h o
t o
In this highly complexenvironment great care
will need to be takenonce sanctions against
Iran are lifed
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 913
16 17
area Where granted the license also has
a liespan o one year
The second requirement arises under
the Nigerian Oil and Gas Industry Content
Development Act o 2010 This Act
requires operators in the Nigerian oil and
gas industry to demonstrate that certain
minimum levels o Nigerian content is
used in their exploration and production
activities By way o example 65 o
the spend must be on Nigerian offshore
support vessels 55 on hire or drilling
rigs and 50 o the spend on production
units Even though the Act was passed
in 2010 the Nigerian authorities only
started to enorce these requirements in
2013 These requirements may similarly
be difficult to satisy or the operators
but in practice the main requirement
rom the supervisory Nigerian Content
Development Management Board (the
ldquoNCDMBrdquo) has been that the opera-
tors present a plan showing how they
plan to increase the Nigerian content in
their operations to the statutory mini-
mum requirements However NCMB
has also separately been pursuing a
marine vessel utilisation scheme which
seeks to achieve at least 60 ownership
o marine assets by Nigerian companies
by 2015 Owners o marine assets able to
demonstrate a higher level o Nigerian
content will accordingly have a competi-
tive advantage when tendering or con-
tracts in Nigeria
FUTURE DEVELOPMENTS
Following his election the new Nigerian
president Muhammadu Buhari has
introduced significant changes to the
Nigerian petroleum industry Mr Buhari
has assumed office as Nigeriarsquos new
oil minister he has replaced the entire
board o the state-run Nigerian National
Petroleum Corporation (ldquoNNPCrdquo) and
split the NNPC into two entities These
actions were taken as part o the new
presidentrsquos laudable aim to tackle the
substantial problems o corruption and
oil thefs within the oil industry
However in addition to these chal-
lenges there is also an urgent need or
the new administration to bring greater
clarity to the legal ramework applicable
to the Nigerian petroleum industry It is
anticipated that this task will be tackled
although it is expected that the changes
will be more conservative than progres-
sive Thus it is unlikely that any change
will see an end or serious reduction in the
local content requirements For some time
to come thereore owners o marine assets
will have to continue to take account o
the rather complex local content require-
ments when assessing business opportu-
nities in Nigeria
P H O T O 983098
I s t o c
k p
h o
t o
NIGERIA ndash an overdue doseo clarity required
I N authori-
ties have paid a great deal o attention
to compliance with the requirements or
local content relating to marine vessels
drilling units equipment and services
utilised in Nigeriarsquos oil and gas industry
However in order to attract international
investment and service providers there
is an urgent need or the recently elected
administration in Nigeria to create a
stable regulatory ramework through
which such investments and activities
can be carried out
CURRENT REGULATORY
FRAMEWORK
Owners wishing to utilise marine assets
in the offshore industry in Nigeria need
to take into account two main require-
ments regarding local content
The first is the Nigerian Coastal and
Inland Shipping (Cabotage) Act o 2003
This Act requires all vessels trading
between Nigerian ports or in Nigerian
waters (including in connection with
the exploration exploitation or trans-
portation o petroleum resources) to
be built by a Nigerian yard registered
in the name o a Nigerian company
owned by Nigerian shareholders to fly
the Nigerian flag and be manned only by
Nigerians These requirements apply to
vessels (including FPSOs) but there are
on-going cases in the Nigerian courts
regarding whether the Act applies to
drilling rigs and their operations I it
does then owners would need to obtain
waivers rom the three main require-
ments o the Act that they do not satisy
The ownership requirement may be
satisfied through a bareboat chartering
structure where a Nigerian company
bareboat charters a oreign vessel or a
minimum period o five years during
which period the vessel will be regis-
tered in the Nigerian Ship Register and
fly the Nigerian flag with simultaneous
suspension o the primary registration
o the oreign vessel The Cabotage Act
also provides or a system o waivers
whereby any o the three main Nigerian
content requirements may be waived
where no Nigerian capacity is available
or suitable However waivers relating to
ownership and manning requirements
are increasingly difficult to obtain due to
the increase in the number o Nigerian
owned vessels and Nigerian seaar-
ers On the other hand the waiver rom
the Nigerian build requirement is still
relatively easy to obtain due to the act
that there are very ew Nigerian ship-
yards with capability to construct the
type o vessels required Where waivers
are given they are valid or one year ndash
although they may be r enewed Foreign
vessels operating in the cabotage area
also require a licence in addition to the
waivers to operate within the cabotage
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1013
18 19
CHINA ndash a more cautious approach to fnancing
I C financial institutions have proved
to be an increasingly important source o capital or shipping
and offshore assets However difficult market conditions have
created challenges or the over-developed Chinese shipbuild-
ing industry and have dampened the enthusiasm o the Chinesefinancial markets Most Chinese banks and financial leasing
companies have become more cautious in their approach to the
financing o international shipping and offshore assets Despite
this China will continue to play an important role in financing
shipping and offshore transactions
INTERNATIONALISATION OF ldquoCHINESE SHIP FINANCErdquo
Traditionally Chinese banks supported Chinese owners and
yards but afer 2008 more and more financial institutions also
engaged with international owners This development ollowed
policy decisions by Chinese authorities encouraging amongst
other things the promotion o Shanghai as a global shipping
centre control o resources required or growth in the domestic
economy (including the fleet o vessels owned by Chinese state
owned entities) strategic links with resource rich countries and
general support or the Chinese shipbuilding industry
An important instrument in this development has been the
availability o Chinese export credit guarantees Export credit
arrangements have played a significant role as an instrument
which enables governments o many countries to support export-
ers and the importance o the Chinese export credit instructions is
a reflection o the growth o Chinese shipyards Various financing
products such as buyersrsquo or sellersrsquo credits and export credit insur-
ances have enriched the financing sources or Chinese ship or off-
shore unit exports and to a certain extent it has also contributed
to the prosperity o the Chinese shipyards
Another important development in the Chinese financing
arena has been the growth o Chinese leasing companies and
more than 1000 leasing companies have emerged during the
last ten years These companies provide unding through
ownership by way o ldquosale and leasebackrdquo ldquolease and purchaserdquo
or other similar arrangements with or without a purchase
option or the lessee Such arrangements may be attractive off-
balance-sheet alternatives to international owners by providing
more flexibility in deal structures and financing costs
THE NEXT STEPS
Chinese financing is no different rom financing or leasing arrange-
ments in other jurisdictions There are as in any jurisdiction
cultural aspects to be taken into account but the documentation
is similar to international transactions and industrial standards
(such as the LMA orms) and is ofen governed by English law
Chinese financing and leasing institutions were once
considered to be rather over eager to participate in financ-ing certain types o projects or assets but a clear trend in
todayrsquos market is that ownersrsquo backgrounds the economics
markets o assets and documentation underpinning projects
are required to undergo a detailed and thorough review beore
unds are committed This is particularly true within the
offshore segment where gloomy market conditions are casting
shadows onto the financing opportunities China Exim Bank has
on several occasions emphasised that they will give priority
to higher technology and higher value asset classes such as
LNG large containerships and eco-ships On the other hand
the Chinese unds are still available and rom many sources
but the competition between the Chinese financing institutions
to secure the good projects is fierce
The challenging conditions at Chinese shipyards are also
an important actor impacting the way orward or the Chinese
financing community The backlog o orders at the shipyards
includes a significant number o units that are to be delivered
into a market where employment rates are low This is an
environment where traditional shipping banks (and the capital
markets as a whole) may be reluctant to provide financing and
where the Chinese export credit agencies once again will need
to provide significant parts o the unding required The Chinese
export credit agencies have also expressed the need to guide
the shipping and shipbuilding sectors out o the current down-
turn but to what extent support is available may ultimately
turn on the political will o relevant authorities in respect o
the industry and asset class in question
The multiple aspects affecting Chinese ship and offshore
finance makes it difficult to predict how matters will develop
but Chinese financing institutions will continue to play an
important role in providing uture take-out financing or
refinancing o assets which in turn will have a significant
impact on the Chinese construction markets The expectation
is that such financing arrangements will become increasingly
complex and will involve elements o traditional bank unding
export credit leasing arrangements and other instruments The
question is thereore not so much whether Chinese financing
is still relevant but rather how to match the correct source o
unding with the right project through the best ramework P H O T O 983098
I l j 983137
H e n
d e
l
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1113
20 21
OFFSHORECONSTRUCTION
IN CHINAndash a step too ar
O Chinese shipyards have moved
inexorably into the offshore construction market and in
particular into the jack up market Progressing rom the
construction o smaller units a number o Chinese yards are
now heavily involved in the construction o larger and more
sophisticated jack ups At the start o 2015 60 jack up units
were scheduled to be delivered rom Chinese yards in 2015-
2016 This figure represents about 60 o all jack ups to be
delivered in 2015-2016 worldwide
To secure such dominance in the market the Chinese yards
have provided attractive payment packages to prospective
owners or example in some cases requiring a small down
payment o only 5 at the start o the construction process
with the remaining 95 being payable on delivery Given
that larger jack ups commanded a price tag o around US$230
million such payment terms enabled more buyers to enter the
market many o them on a speculative basis It is estimated
that over hal o the jack ups contracted or at Chinese yards
were contracted or at a time when the prospective owners did
not have the security o a drilling contract ndash which is typically
required in order to secure take out financing
This business model worked well or the Chinese yards in the
good years but with the alling oil price and the reduction in capi-
tal EampP budgets o oil companies the demand or such drilling rigs
has allen significantly and this has caused major problems or the
Chinese yards The oversupply in the market has led to contracts
being cancelled where the prospective owners no longer consider
the project to be economically viable Even established drilling
contractors are looking to delay delivery o uncommitted rigs into
2016 and 2017 in the hope that market conditions will improve
Faced with cancellations by companies against whom ofen the
Chinese yards have limited rights o recourse the situation that
the Chinese yards find themselves in is becoming increasingly
desperate Where requests or extensions in delivery dates are
being made Chinese yards appear to be prepared to accommodate
such requests However it remains to be seen whether the parties
can agree upon urther delays beyond the already extended deliv -
ery dates should market conditions remain bleak
At the same time the value o the rigs under construction
has allen significantly and where cancellations occur the
Chinese yards are lef with assets on their hands that are
continuing to decrease in value It is unlikely that the yards
will want to operate these rigs and consequently their uture
remains uncertain Such circumstances may create oppor-
tunities or other prospective purchasers who look to secure
high specification drilling rigs at a knock down price At present
though there is little evidence to suggest that Chinese yards
most affected by rig cancellations are willing to part with the
units or a price significantly below the contract price agreed
or the construction o the unit
In part this can be explained by the custom o Chinese
yards to take out insurance with companies such as Sinosure
to protect themselves against buyerrsquos deault which sees them
made whole even i a buyer walks away rom an uneconomic
project However there also appears to be a general reluctance
on the part o the yards to sell such assets at a significant
discount Other options being explored are joint ventures with
the yard to operate the rig (at least until such time as the yard
has earned back its construction costs) andor initially leasing
the rig rom the yard with a subsequent purchase option Time
will tell as to how successul these inventive solutions are in
enabling the Chinese yards to overcome their problems but it
is clear that even the most optimistic amongst them consider
there are some very hard times still to be endured
At the start o 2015 60 jackup units were scheduled to bedelivered rom Chinese yards
in 2015-2016 This figurerepresents about 60 o all jack ups to be delivered in
2015-2016 worldwide
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1213
22 23
WIKBORG REINrsquoS GLOBAL OFFSHORE PROJECTS TEAM
OSLO
Trond Eilertsen
Partner
teiwrno+47 901 99 186
+47 22 82 76 12
Are Zachariassen
Partner
azawrno+47 909 18 308
+47 22 82 76 72
Oddbjoslashrn Slinning
Partner
oslwrno+47 481 21 650
+47 22 82 75 14
Guy C Leonard
Senior Lawyer
gclwrno+47 977 35 003
+47 22 82 76 37
LONDON
Tormod Kloslashve
Senior Associate
tklwrno+81 90 3160 7668
+81 78 2721 777
BERGEN
Oslashystein Meland
Partner
omewrno+47 901 42 033
+47 55 21 52 75
Finn Bjoslashrnstad
Partner
fbjwrno+47 415 04 481
+47 22 82 76 11
Gaute Gjelsten
Partner
ggjwrno+47 995 23 535
+47 22 82 76 31
Oslashyvind Axe
Partner
axewrno+47 970 55 558
+47 55 21 52 71
Geir Ove Roslashberg
Partner
gorwrno+47 900 35 045
+47 55 21 52 65
Clare Calnan
Partner
clcwrcocouk+44 75 9560 7958
+44 20 7367 0304
Christian James-Olsen
Partner
colwrno+47 928 33 919
+47 55 21 52 70
Cecilie K Haltebrekke
Senior Lawyer
ckhwrno+47 416 49 158
+47 55 21 52 81
Jon Heimset
Partner
jhewrno+47 908 55 702
+47 55 21 52 72
SINGAPORE KOBE
Siri Wennevik
Partner
siwwrcomsg+65 9674 4906
+65 6496 8219
Robert Joiner
Partner
rajwrcomsg+65 8518 6239
+65 6496 8359
Ole Henrik Wille
Partner
owiwrcocouk+44 78 0351 4071
+44 20 7367 0326
Andreas Fjaeligrvoll-Larsen
Senior Lawyer
aflwrcocouk+44 77 1130 4251
+44 20 7367 0321
Rob Jardine-Brown
Partner
rjbwrcocouk+44 77 8572 2147
+44 20 7367 0305
Birgitte Karlsen
Partner
bkawrcocouk+44 75 2507 1742
+44 20 7367 0309
SHANGHAI
Ronin Zong
Partner
rlzwrcocomcn+86 138 1665 0656
+86 21 6339 0101
Chelsea Chen
Senior Lawyer
cchwrcocomcn+86 138 1687 8480
+86 210 6339 0101
Tormod Ludvik Nilsen
Partner
tlnwrcocomcn+86 216 3390 0101
+86 186 2194 4892
Jonathan C Page
Partner
jpawrcocouk+44 20 7367 0303
+44 71 3112 103
O one o the key
sources o renewable energy adopted
by European governments to meet
their commitments to mitigate climate
change and to decrease reliance on os-
sil uels in the coming years Despite
the offshore wind industry having flour-
ished in recent years the short-term
outlook or 2016 is set to see a sharp
decline in new grid connected offshore
wind capacity as compared to 2015 This
decline will affect all levels o the off-
shore wind supply chain
The sofening o the European offshore
wind market has also been compounded
by the recent slump in global oil prices
which has orced many North Sea oil
and gas companies to cut budgets and to
reeze all non-essential expenditure As
a result many maintenance brown field
enhancement and lie extension projects
in the North Sea oil and gas sector
originally scheduled or 2015 have been
temporarily halted and will likely only
now be sanctioned when the oil price
begins to stabilise at a realistic level
This has led to an oversupply o
vessels across both sectors resulting
in highly competitive rates in the off-
shore wind industry particularly on
less technically challenging projects
such as accommodation support WTG
commissioning and substation hook-up
and commissioning
The short term outlook is thereore
challenging and owners will need to
tighten their belts
The mid- to long-term outlook
however is more positive with demand
being expected to pick up in the
European offshore wind sector in late
2016 or early 2017 with approximately
20 GW o capacity expected to be added
between now and 2020 It is to be hoped
that this will bolster demand or vessels
in the European sector and hopeully
restore some equilibrium to vessel
rates
That said the extreme pressure both
rom governments and the industry itsel
to cut the capital costs o offshore wind
arm installation has resulted in devel-
opers increasingly seeking efficiencies
o scale and as a result many planned
projects will seek to utilise the new gen-
eration o larger 6-8MW turbines with
correspondingly larger oundations
The scale o these new projects will
thereore rule out many o the multi-
purpose vessels in the existing fleet o
offshore wind support vessels which
are ofen designed to perorm both oil
and gas maintenance and offshore wind
installation work A new generation
o purpose-build offshore wind arm
installation vessels will thereore be
required to meet demand
The newly delivered SEAJACKS
SCYLLA delivered rom Samsung
Heavy Industries Co Ltd to Seajacks
Group in November 2015 is one such
example and with a lif capacity o over
1500 tonnes SEAJACKS SCYLLA is
perectly placed to install the new larger
turbines and oundations
Whether other vessel owners will
ollow suit and place orders or vessels
with a similar lif capacity is yet to be
seen but with the worldrsquos shipyards
being desperate to increase their con-
tract backlog there may not be a better
time to place an order
PROSPECTS FOR THEEUROPEAN OFFSHORE
WIND INDUSTRY
991251 no good news
Despite the offshore windindustry having flourishedin recent years the short-
term outlook or 2016 is setto see a sharp decline in newgrid connected offshore wind
capacity as compared to 2015
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1313
Joe McGladdery
Partner
jmgwrcocouk+44 77 1311 3115
+44 20 7367 0302
OsloTel +47 22 82 75 00
Fax +47 22 82 75 01
oslowrno
BergenTel +47 55 21 52 00
Fax +47 55 21 52 01
bergenwrno
LondonTel +44 20 7367 0300
Fax +44 20 7367 0301
londonwrno
SingaporeTel +65 6438 4498
Fax +65 6438 4496
singaporewrno
ShanghaiTel +86 21 6339 010 1
Fax +86 21 6339 0606
shanghaiwrno
KobeTel +81 78 272 1777
Fax +81 78 272 1788
kobewrno
wwwwrno
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 813
14 15
T in connection with Russia and
Iran differ in many ways The ormer are recent targeted andfixed or the oreseeable uture the latter long-standing broad
and likely soon to change With regard to Iran Adoption Day
under the 14 July Joint Comprehensive Plan o Action (ldquoJCPOArdquo)
arrived as expected on 18 October 2015 Now the International
Atomic Energy Agencyrsquos (ldquoIAEArdquo) verdict is awaited on the
nuclear inrastructure changes to which Iran has agreed That
might come in the second quarter o 2016 and IAEA approval
will bring with it Implementation Day - the lifing o nuclear-
related sanctions against Iran
The opportunities created by the lifing o sanctions against
Iran are obvious The country sits high on listings o proven oil
gas and mineral reserves and its economy craves oreign invest-
ment However the risks are considerable and the circumstances
unique ndash acres o sanction text and decades o trade embargo will
vanish at the same moment as part o an agreement centred on
preventing an ideologically different unpredictable and ofen hos-
tile regime rom developing nuclear weapons
In this highly complex environment great care will need to
be taken once sanctions against Iran are lifed First Iran ranks
130189 in the World Bankrsquos Ease o Doing Business Report
and 136175 on Transparency Internationalrsquos Corruption
Perceptions Index Compliance awareness procedures written
instructions contract terms verification audit enorcement
and remedy will all need to match the likely difficulties The
first task will be to explain and then to apply amiliar concepts
Thorough screening must continue to support anti-corruption
and to detect individuals and entities that remain proscribed
perhaps on account o human rights or even terrorism as it is
only the nuclear-related restrictions that will be lifed
Second what can be removed can be reinstated This is the
ldquosnap-backrdquo mechanism a core part o the reassurance under-
pinning the JCPOA This is a procedure not an instant fix Any
party alleging ault could start the dispute resolution process
and i a serious breach was made out against Iran then sanc-
tions would be re-imposed Perhaps then additional sanctions
would ollow but at the very least the neo-lawul would again
become unlawul This would not be retrospective so con-
tracts pre-dating ldquosnap-backrdquo could still be perormed but it
is easy to oresee difficulties or example with suppliers or
IRANndash uncharted waters demanding care
with intended subcontracts While not
actually expecting such developmentsparties should prepare Much might be
gained rom analysis o what would or
might happen on any ldquosnap-backrdquo and
ensuring that there are adequate provi-
sions in contracts to cover such an even-
tuality just in case
Third the US has only lifed sanc-
tions ldquodirected towards non-US per-
sonsrdquo Save where there is a specific
OFAC licence the sanctions will still
apply in ull to ldquoUS personsrdquo as defined
This means that any such persons must
be sealed rom any involvement in Iran
issues whether they are individuals or
companies owned or controlled in the
relevant ways The structure o a com-
pany should not present difficulty but
individual nationality status - or all
rom directors and other key decision-
makers through to clerical and ancillary
staff - might prove harder to establish
and ready assumption must not replace
proper enquiry The recent Schlumberger
and Deutsche Bank cases illustrate the
costly and other adverse consequences
o impermissible involvement o US
persons A provable system or finding
who they are and keeping them away
rom Iran-related matters needs to be in
place
Lifing nuclear-related sanctions
against Iran will undoubtedly create
great opportunities but the danger
areas offer serious challenges that will
require great care to be taken In all
aspects o any emerging trade with Iran
awareness must be heightened issues
identified due diligence perormed and
caution exercised P H O T O 983098
I s t o c
k p
h o
t o
In this highly complexenvironment great care
will need to be takenonce sanctions against
Iran are lifed
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 913
16 17
area Where granted the license also has
a liespan o one year
The second requirement arises under
the Nigerian Oil and Gas Industry Content
Development Act o 2010 This Act
requires operators in the Nigerian oil and
gas industry to demonstrate that certain
minimum levels o Nigerian content is
used in their exploration and production
activities By way o example 65 o
the spend must be on Nigerian offshore
support vessels 55 on hire or drilling
rigs and 50 o the spend on production
units Even though the Act was passed
in 2010 the Nigerian authorities only
started to enorce these requirements in
2013 These requirements may similarly
be difficult to satisy or the operators
but in practice the main requirement
rom the supervisory Nigerian Content
Development Management Board (the
ldquoNCDMBrdquo) has been that the opera-
tors present a plan showing how they
plan to increase the Nigerian content in
their operations to the statutory mini-
mum requirements However NCMB
has also separately been pursuing a
marine vessel utilisation scheme which
seeks to achieve at least 60 ownership
o marine assets by Nigerian companies
by 2015 Owners o marine assets able to
demonstrate a higher level o Nigerian
content will accordingly have a competi-
tive advantage when tendering or con-
tracts in Nigeria
FUTURE DEVELOPMENTS
Following his election the new Nigerian
president Muhammadu Buhari has
introduced significant changes to the
Nigerian petroleum industry Mr Buhari
has assumed office as Nigeriarsquos new
oil minister he has replaced the entire
board o the state-run Nigerian National
Petroleum Corporation (ldquoNNPCrdquo) and
split the NNPC into two entities These
actions were taken as part o the new
presidentrsquos laudable aim to tackle the
substantial problems o corruption and
oil thefs within the oil industry
However in addition to these chal-
lenges there is also an urgent need or
the new administration to bring greater
clarity to the legal ramework applicable
to the Nigerian petroleum industry It is
anticipated that this task will be tackled
although it is expected that the changes
will be more conservative than progres-
sive Thus it is unlikely that any change
will see an end or serious reduction in the
local content requirements For some time
to come thereore owners o marine assets
will have to continue to take account o
the rather complex local content require-
ments when assessing business opportu-
nities in Nigeria
P H O T O 983098
I s t o c
k p
h o
t o
NIGERIA ndash an overdue doseo clarity required
I N authori-
ties have paid a great deal o attention
to compliance with the requirements or
local content relating to marine vessels
drilling units equipment and services
utilised in Nigeriarsquos oil and gas industry
However in order to attract international
investment and service providers there
is an urgent need or the recently elected
administration in Nigeria to create a
stable regulatory ramework through
which such investments and activities
can be carried out
CURRENT REGULATORY
FRAMEWORK
Owners wishing to utilise marine assets
in the offshore industry in Nigeria need
to take into account two main require-
ments regarding local content
The first is the Nigerian Coastal and
Inland Shipping (Cabotage) Act o 2003
This Act requires all vessels trading
between Nigerian ports or in Nigerian
waters (including in connection with
the exploration exploitation or trans-
portation o petroleum resources) to
be built by a Nigerian yard registered
in the name o a Nigerian company
owned by Nigerian shareholders to fly
the Nigerian flag and be manned only by
Nigerians These requirements apply to
vessels (including FPSOs) but there are
on-going cases in the Nigerian courts
regarding whether the Act applies to
drilling rigs and their operations I it
does then owners would need to obtain
waivers rom the three main require-
ments o the Act that they do not satisy
The ownership requirement may be
satisfied through a bareboat chartering
structure where a Nigerian company
bareboat charters a oreign vessel or a
minimum period o five years during
which period the vessel will be regis-
tered in the Nigerian Ship Register and
fly the Nigerian flag with simultaneous
suspension o the primary registration
o the oreign vessel The Cabotage Act
also provides or a system o waivers
whereby any o the three main Nigerian
content requirements may be waived
where no Nigerian capacity is available
or suitable However waivers relating to
ownership and manning requirements
are increasingly difficult to obtain due to
the increase in the number o Nigerian
owned vessels and Nigerian seaar-
ers On the other hand the waiver rom
the Nigerian build requirement is still
relatively easy to obtain due to the act
that there are very ew Nigerian ship-
yards with capability to construct the
type o vessels required Where waivers
are given they are valid or one year ndash
although they may be r enewed Foreign
vessels operating in the cabotage area
also require a licence in addition to the
waivers to operate within the cabotage
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1013
18 19
CHINA ndash a more cautious approach to fnancing
I C financial institutions have proved
to be an increasingly important source o capital or shipping
and offshore assets However difficult market conditions have
created challenges or the over-developed Chinese shipbuild-
ing industry and have dampened the enthusiasm o the Chinesefinancial markets Most Chinese banks and financial leasing
companies have become more cautious in their approach to the
financing o international shipping and offshore assets Despite
this China will continue to play an important role in financing
shipping and offshore transactions
INTERNATIONALISATION OF ldquoCHINESE SHIP FINANCErdquo
Traditionally Chinese banks supported Chinese owners and
yards but afer 2008 more and more financial institutions also
engaged with international owners This development ollowed
policy decisions by Chinese authorities encouraging amongst
other things the promotion o Shanghai as a global shipping
centre control o resources required or growth in the domestic
economy (including the fleet o vessels owned by Chinese state
owned entities) strategic links with resource rich countries and
general support or the Chinese shipbuilding industry
An important instrument in this development has been the
availability o Chinese export credit guarantees Export credit
arrangements have played a significant role as an instrument
which enables governments o many countries to support export-
ers and the importance o the Chinese export credit instructions is
a reflection o the growth o Chinese shipyards Various financing
products such as buyersrsquo or sellersrsquo credits and export credit insur-
ances have enriched the financing sources or Chinese ship or off-
shore unit exports and to a certain extent it has also contributed
to the prosperity o the Chinese shipyards
Another important development in the Chinese financing
arena has been the growth o Chinese leasing companies and
more than 1000 leasing companies have emerged during the
last ten years These companies provide unding through
ownership by way o ldquosale and leasebackrdquo ldquolease and purchaserdquo
or other similar arrangements with or without a purchase
option or the lessee Such arrangements may be attractive off-
balance-sheet alternatives to international owners by providing
more flexibility in deal structures and financing costs
THE NEXT STEPS
Chinese financing is no different rom financing or leasing arrange-
ments in other jurisdictions There are as in any jurisdiction
cultural aspects to be taken into account but the documentation
is similar to international transactions and industrial standards
(such as the LMA orms) and is ofen governed by English law
Chinese financing and leasing institutions were once
considered to be rather over eager to participate in financ-ing certain types o projects or assets but a clear trend in
todayrsquos market is that ownersrsquo backgrounds the economics
markets o assets and documentation underpinning projects
are required to undergo a detailed and thorough review beore
unds are committed This is particularly true within the
offshore segment where gloomy market conditions are casting
shadows onto the financing opportunities China Exim Bank has
on several occasions emphasised that they will give priority
to higher technology and higher value asset classes such as
LNG large containerships and eco-ships On the other hand
the Chinese unds are still available and rom many sources
but the competition between the Chinese financing institutions
to secure the good projects is fierce
The challenging conditions at Chinese shipyards are also
an important actor impacting the way orward or the Chinese
financing community The backlog o orders at the shipyards
includes a significant number o units that are to be delivered
into a market where employment rates are low This is an
environment where traditional shipping banks (and the capital
markets as a whole) may be reluctant to provide financing and
where the Chinese export credit agencies once again will need
to provide significant parts o the unding required The Chinese
export credit agencies have also expressed the need to guide
the shipping and shipbuilding sectors out o the current down-
turn but to what extent support is available may ultimately
turn on the political will o relevant authorities in respect o
the industry and asset class in question
The multiple aspects affecting Chinese ship and offshore
finance makes it difficult to predict how matters will develop
but Chinese financing institutions will continue to play an
important role in providing uture take-out financing or
refinancing o assets which in turn will have a significant
impact on the Chinese construction markets The expectation
is that such financing arrangements will become increasingly
complex and will involve elements o traditional bank unding
export credit leasing arrangements and other instruments The
question is thereore not so much whether Chinese financing
is still relevant but rather how to match the correct source o
unding with the right project through the best ramework P H O T O 983098
I l j 983137
H e n
d e
l
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1113
20 21
OFFSHORECONSTRUCTION
IN CHINAndash a step too ar
O Chinese shipyards have moved
inexorably into the offshore construction market and in
particular into the jack up market Progressing rom the
construction o smaller units a number o Chinese yards are
now heavily involved in the construction o larger and more
sophisticated jack ups At the start o 2015 60 jack up units
were scheduled to be delivered rom Chinese yards in 2015-
2016 This figure represents about 60 o all jack ups to be
delivered in 2015-2016 worldwide
To secure such dominance in the market the Chinese yards
have provided attractive payment packages to prospective
owners or example in some cases requiring a small down
payment o only 5 at the start o the construction process
with the remaining 95 being payable on delivery Given
that larger jack ups commanded a price tag o around US$230
million such payment terms enabled more buyers to enter the
market many o them on a speculative basis It is estimated
that over hal o the jack ups contracted or at Chinese yards
were contracted or at a time when the prospective owners did
not have the security o a drilling contract ndash which is typically
required in order to secure take out financing
This business model worked well or the Chinese yards in the
good years but with the alling oil price and the reduction in capi-
tal EampP budgets o oil companies the demand or such drilling rigs
has allen significantly and this has caused major problems or the
Chinese yards The oversupply in the market has led to contracts
being cancelled where the prospective owners no longer consider
the project to be economically viable Even established drilling
contractors are looking to delay delivery o uncommitted rigs into
2016 and 2017 in the hope that market conditions will improve
Faced with cancellations by companies against whom ofen the
Chinese yards have limited rights o recourse the situation that
the Chinese yards find themselves in is becoming increasingly
desperate Where requests or extensions in delivery dates are
being made Chinese yards appear to be prepared to accommodate
such requests However it remains to be seen whether the parties
can agree upon urther delays beyond the already extended deliv -
ery dates should market conditions remain bleak
At the same time the value o the rigs under construction
has allen significantly and where cancellations occur the
Chinese yards are lef with assets on their hands that are
continuing to decrease in value It is unlikely that the yards
will want to operate these rigs and consequently their uture
remains uncertain Such circumstances may create oppor-
tunities or other prospective purchasers who look to secure
high specification drilling rigs at a knock down price At present
though there is little evidence to suggest that Chinese yards
most affected by rig cancellations are willing to part with the
units or a price significantly below the contract price agreed
or the construction o the unit
In part this can be explained by the custom o Chinese
yards to take out insurance with companies such as Sinosure
to protect themselves against buyerrsquos deault which sees them
made whole even i a buyer walks away rom an uneconomic
project However there also appears to be a general reluctance
on the part o the yards to sell such assets at a significant
discount Other options being explored are joint ventures with
the yard to operate the rig (at least until such time as the yard
has earned back its construction costs) andor initially leasing
the rig rom the yard with a subsequent purchase option Time
will tell as to how successul these inventive solutions are in
enabling the Chinese yards to overcome their problems but it
is clear that even the most optimistic amongst them consider
there are some very hard times still to be endured
At the start o 2015 60 jackup units were scheduled to bedelivered rom Chinese yards
in 2015-2016 This figurerepresents about 60 o all jack ups to be delivered in
2015-2016 worldwide
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1213
22 23
WIKBORG REINrsquoS GLOBAL OFFSHORE PROJECTS TEAM
OSLO
Trond Eilertsen
Partner
teiwrno+47 901 99 186
+47 22 82 76 12
Are Zachariassen
Partner
azawrno+47 909 18 308
+47 22 82 76 72
Oddbjoslashrn Slinning
Partner
oslwrno+47 481 21 650
+47 22 82 75 14
Guy C Leonard
Senior Lawyer
gclwrno+47 977 35 003
+47 22 82 76 37
LONDON
Tormod Kloslashve
Senior Associate
tklwrno+81 90 3160 7668
+81 78 2721 777
BERGEN
Oslashystein Meland
Partner
omewrno+47 901 42 033
+47 55 21 52 75
Finn Bjoslashrnstad
Partner
fbjwrno+47 415 04 481
+47 22 82 76 11
Gaute Gjelsten
Partner
ggjwrno+47 995 23 535
+47 22 82 76 31
Oslashyvind Axe
Partner
axewrno+47 970 55 558
+47 55 21 52 71
Geir Ove Roslashberg
Partner
gorwrno+47 900 35 045
+47 55 21 52 65
Clare Calnan
Partner
clcwrcocouk+44 75 9560 7958
+44 20 7367 0304
Christian James-Olsen
Partner
colwrno+47 928 33 919
+47 55 21 52 70
Cecilie K Haltebrekke
Senior Lawyer
ckhwrno+47 416 49 158
+47 55 21 52 81
Jon Heimset
Partner
jhewrno+47 908 55 702
+47 55 21 52 72
SINGAPORE KOBE
Siri Wennevik
Partner
siwwrcomsg+65 9674 4906
+65 6496 8219
Robert Joiner
Partner
rajwrcomsg+65 8518 6239
+65 6496 8359
Ole Henrik Wille
Partner
owiwrcocouk+44 78 0351 4071
+44 20 7367 0326
Andreas Fjaeligrvoll-Larsen
Senior Lawyer
aflwrcocouk+44 77 1130 4251
+44 20 7367 0321
Rob Jardine-Brown
Partner
rjbwrcocouk+44 77 8572 2147
+44 20 7367 0305
Birgitte Karlsen
Partner
bkawrcocouk+44 75 2507 1742
+44 20 7367 0309
SHANGHAI
Ronin Zong
Partner
rlzwrcocomcn+86 138 1665 0656
+86 21 6339 0101
Chelsea Chen
Senior Lawyer
cchwrcocomcn+86 138 1687 8480
+86 210 6339 0101
Tormod Ludvik Nilsen
Partner
tlnwrcocomcn+86 216 3390 0101
+86 186 2194 4892
Jonathan C Page
Partner
jpawrcocouk+44 20 7367 0303
+44 71 3112 103
O one o the key
sources o renewable energy adopted
by European governments to meet
their commitments to mitigate climate
change and to decrease reliance on os-
sil uels in the coming years Despite
the offshore wind industry having flour-
ished in recent years the short-term
outlook or 2016 is set to see a sharp
decline in new grid connected offshore
wind capacity as compared to 2015 This
decline will affect all levels o the off-
shore wind supply chain
The sofening o the European offshore
wind market has also been compounded
by the recent slump in global oil prices
which has orced many North Sea oil
and gas companies to cut budgets and to
reeze all non-essential expenditure As
a result many maintenance brown field
enhancement and lie extension projects
in the North Sea oil and gas sector
originally scheduled or 2015 have been
temporarily halted and will likely only
now be sanctioned when the oil price
begins to stabilise at a realistic level
This has led to an oversupply o
vessels across both sectors resulting
in highly competitive rates in the off-
shore wind industry particularly on
less technically challenging projects
such as accommodation support WTG
commissioning and substation hook-up
and commissioning
The short term outlook is thereore
challenging and owners will need to
tighten their belts
The mid- to long-term outlook
however is more positive with demand
being expected to pick up in the
European offshore wind sector in late
2016 or early 2017 with approximately
20 GW o capacity expected to be added
between now and 2020 It is to be hoped
that this will bolster demand or vessels
in the European sector and hopeully
restore some equilibrium to vessel
rates
That said the extreme pressure both
rom governments and the industry itsel
to cut the capital costs o offshore wind
arm installation has resulted in devel-
opers increasingly seeking efficiencies
o scale and as a result many planned
projects will seek to utilise the new gen-
eration o larger 6-8MW turbines with
correspondingly larger oundations
The scale o these new projects will
thereore rule out many o the multi-
purpose vessels in the existing fleet o
offshore wind support vessels which
are ofen designed to perorm both oil
and gas maintenance and offshore wind
installation work A new generation
o purpose-build offshore wind arm
installation vessels will thereore be
required to meet demand
The newly delivered SEAJACKS
SCYLLA delivered rom Samsung
Heavy Industries Co Ltd to Seajacks
Group in November 2015 is one such
example and with a lif capacity o over
1500 tonnes SEAJACKS SCYLLA is
perectly placed to install the new larger
turbines and oundations
Whether other vessel owners will
ollow suit and place orders or vessels
with a similar lif capacity is yet to be
seen but with the worldrsquos shipyards
being desperate to increase their con-
tract backlog there may not be a better
time to place an order
PROSPECTS FOR THEEUROPEAN OFFSHORE
WIND INDUSTRY
991251 no good news
Despite the offshore windindustry having flourishedin recent years the short-
term outlook or 2016 is setto see a sharp decline in newgrid connected offshore wind
capacity as compared to 2015
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1313
Joe McGladdery
Partner
jmgwrcocouk+44 77 1311 3115
+44 20 7367 0302
OsloTel +47 22 82 75 00
Fax +47 22 82 75 01
oslowrno
BergenTel +47 55 21 52 00
Fax +47 55 21 52 01
bergenwrno
LondonTel +44 20 7367 0300
Fax +44 20 7367 0301
londonwrno
SingaporeTel +65 6438 4498
Fax +65 6438 4496
singaporewrno
ShanghaiTel +86 21 6339 010 1
Fax +86 21 6339 0606
shanghaiwrno
KobeTel +81 78 272 1777
Fax +81 78 272 1788
kobewrno
wwwwrno
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 913
16 17
area Where granted the license also has
a liespan o one year
The second requirement arises under
the Nigerian Oil and Gas Industry Content
Development Act o 2010 This Act
requires operators in the Nigerian oil and
gas industry to demonstrate that certain
minimum levels o Nigerian content is
used in their exploration and production
activities By way o example 65 o
the spend must be on Nigerian offshore
support vessels 55 on hire or drilling
rigs and 50 o the spend on production
units Even though the Act was passed
in 2010 the Nigerian authorities only
started to enorce these requirements in
2013 These requirements may similarly
be difficult to satisy or the operators
but in practice the main requirement
rom the supervisory Nigerian Content
Development Management Board (the
ldquoNCDMBrdquo) has been that the opera-
tors present a plan showing how they
plan to increase the Nigerian content in
their operations to the statutory mini-
mum requirements However NCMB
has also separately been pursuing a
marine vessel utilisation scheme which
seeks to achieve at least 60 ownership
o marine assets by Nigerian companies
by 2015 Owners o marine assets able to
demonstrate a higher level o Nigerian
content will accordingly have a competi-
tive advantage when tendering or con-
tracts in Nigeria
FUTURE DEVELOPMENTS
Following his election the new Nigerian
president Muhammadu Buhari has
introduced significant changes to the
Nigerian petroleum industry Mr Buhari
has assumed office as Nigeriarsquos new
oil minister he has replaced the entire
board o the state-run Nigerian National
Petroleum Corporation (ldquoNNPCrdquo) and
split the NNPC into two entities These
actions were taken as part o the new
presidentrsquos laudable aim to tackle the
substantial problems o corruption and
oil thefs within the oil industry
However in addition to these chal-
lenges there is also an urgent need or
the new administration to bring greater
clarity to the legal ramework applicable
to the Nigerian petroleum industry It is
anticipated that this task will be tackled
although it is expected that the changes
will be more conservative than progres-
sive Thus it is unlikely that any change
will see an end or serious reduction in the
local content requirements For some time
to come thereore owners o marine assets
will have to continue to take account o
the rather complex local content require-
ments when assessing business opportu-
nities in Nigeria
P H O T O 983098
I s t o c
k p
h o
t o
NIGERIA ndash an overdue doseo clarity required
I N authori-
ties have paid a great deal o attention
to compliance with the requirements or
local content relating to marine vessels
drilling units equipment and services
utilised in Nigeriarsquos oil and gas industry
However in order to attract international
investment and service providers there
is an urgent need or the recently elected
administration in Nigeria to create a
stable regulatory ramework through
which such investments and activities
can be carried out
CURRENT REGULATORY
FRAMEWORK
Owners wishing to utilise marine assets
in the offshore industry in Nigeria need
to take into account two main require-
ments regarding local content
The first is the Nigerian Coastal and
Inland Shipping (Cabotage) Act o 2003
This Act requires all vessels trading
between Nigerian ports or in Nigerian
waters (including in connection with
the exploration exploitation or trans-
portation o petroleum resources) to
be built by a Nigerian yard registered
in the name o a Nigerian company
owned by Nigerian shareholders to fly
the Nigerian flag and be manned only by
Nigerians These requirements apply to
vessels (including FPSOs) but there are
on-going cases in the Nigerian courts
regarding whether the Act applies to
drilling rigs and their operations I it
does then owners would need to obtain
waivers rom the three main require-
ments o the Act that they do not satisy
The ownership requirement may be
satisfied through a bareboat chartering
structure where a Nigerian company
bareboat charters a oreign vessel or a
minimum period o five years during
which period the vessel will be regis-
tered in the Nigerian Ship Register and
fly the Nigerian flag with simultaneous
suspension o the primary registration
o the oreign vessel The Cabotage Act
also provides or a system o waivers
whereby any o the three main Nigerian
content requirements may be waived
where no Nigerian capacity is available
or suitable However waivers relating to
ownership and manning requirements
are increasingly difficult to obtain due to
the increase in the number o Nigerian
owned vessels and Nigerian seaar-
ers On the other hand the waiver rom
the Nigerian build requirement is still
relatively easy to obtain due to the act
that there are very ew Nigerian ship-
yards with capability to construct the
type o vessels required Where waivers
are given they are valid or one year ndash
although they may be r enewed Foreign
vessels operating in the cabotage area
also require a licence in addition to the
waivers to operate within the cabotage
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1013
18 19
CHINA ndash a more cautious approach to fnancing
I C financial institutions have proved
to be an increasingly important source o capital or shipping
and offshore assets However difficult market conditions have
created challenges or the over-developed Chinese shipbuild-
ing industry and have dampened the enthusiasm o the Chinesefinancial markets Most Chinese banks and financial leasing
companies have become more cautious in their approach to the
financing o international shipping and offshore assets Despite
this China will continue to play an important role in financing
shipping and offshore transactions
INTERNATIONALISATION OF ldquoCHINESE SHIP FINANCErdquo
Traditionally Chinese banks supported Chinese owners and
yards but afer 2008 more and more financial institutions also
engaged with international owners This development ollowed
policy decisions by Chinese authorities encouraging amongst
other things the promotion o Shanghai as a global shipping
centre control o resources required or growth in the domestic
economy (including the fleet o vessels owned by Chinese state
owned entities) strategic links with resource rich countries and
general support or the Chinese shipbuilding industry
An important instrument in this development has been the
availability o Chinese export credit guarantees Export credit
arrangements have played a significant role as an instrument
which enables governments o many countries to support export-
ers and the importance o the Chinese export credit instructions is
a reflection o the growth o Chinese shipyards Various financing
products such as buyersrsquo or sellersrsquo credits and export credit insur-
ances have enriched the financing sources or Chinese ship or off-
shore unit exports and to a certain extent it has also contributed
to the prosperity o the Chinese shipyards
Another important development in the Chinese financing
arena has been the growth o Chinese leasing companies and
more than 1000 leasing companies have emerged during the
last ten years These companies provide unding through
ownership by way o ldquosale and leasebackrdquo ldquolease and purchaserdquo
or other similar arrangements with or without a purchase
option or the lessee Such arrangements may be attractive off-
balance-sheet alternatives to international owners by providing
more flexibility in deal structures and financing costs
THE NEXT STEPS
Chinese financing is no different rom financing or leasing arrange-
ments in other jurisdictions There are as in any jurisdiction
cultural aspects to be taken into account but the documentation
is similar to international transactions and industrial standards
(such as the LMA orms) and is ofen governed by English law
Chinese financing and leasing institutions were once
considered to be rather over eager to participate in financ-ing certain types o projects or assets but a clear trend in
todayrsquos market is that ownersrsquo backgrounds the economics
markets o assets and documentation underpinning projects
are required to undergo a detailed and thorough review beore
unds are committed This is particularly true within the
offshore segment where gloomy market conditions are casting
shadows onto the financing opportunities China Exim Bank has
on several occasions emphasised that they will give priority
to higher technology and higher value asset classes such as
LNG large containerships and eco-ships On the other hand
the Chinese unds are still available and rom many sources
but the competition between the Chinese financing institutions
to secure the good projects is fierce
The challenging conditions at Chinese shipyards are also
an important actor impacting the way orward or the Chinese
financing community The backlog o orders at the shipyards
includes a significant number o units that are to be delivered
into a market where employment rates are low This is an
environment where traditional shipping banks (and the capital
markets as a whole) may be reluctant to provide financing and
where the Chinese export credit agencies once again will need
to provide significant parts o the unding required The Chinese
export credit agencies have also expressed the need to guide
the shipping and shipbuilding sectors out o the current down-
turn but to what extent support is available may ultimately
turn on the political will o relevant authorities in respect o
the industry and asset class in question
The multiple aspects affecting Chinese ship and offshore
finance makes it difficult to predict how matters will develop
but Chinese financing institutions will continue to play an
important role in providing uture take-out financing or
refinancing o assets which in turn will have a significant
impact on the Chinese construction markets The expectation
is that such financing arrangements will become increasingly
complex and will involve elements o traditional bank unding
export credit leasing arrangements and other instruments The
question is thereore not so much whether Chinese financing
is still relevant but rather how to match the correct source o
unding with the right project through the best ramework P H O T O 983098
I l j 983137
H e n
d e
l
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1113
20 21
OFFSHORECONSTRUCTION
IN CHINAndash a step too ar
O Chinese shipyards have moved
inexorably into the offshore construction market and in
particular into the jack up market Progressing rom the
construction o smaller units a number o Chinese yards are
now heavily involved in the construction o larger and more
sophisticated jack ups At the start o 2015 60 jack up units
were scheduled to be delivered rom Chinese yards in 2015-
2016 This figure represents about 60 o all jack ups to be
delivered in 2015-2016 worldwide
To secure such dominance in the market the Chinese yards
have provided attractive payment packages to prospective
owners or example in some cases requiring a small down
payment o only 5 at the start o the construction process
with the remaining 95 being payable on delivery Given
that larger jack ups commanded a price tag o around US$230
million such payment terms enabled more buyers to enter the
market many o them on a speculative basis It is estimated
that over hal o the jack ups contracted or at Chinese yards
were contracted or at a time when the prospective owners did
not have the security o a drilling contract ndash which is typically
required in order to secure take out financing
This business model worked well or the Chinese yards in the
good years but with the alling oil price and the reduction in capi-
tal EampP budgets o oil companies the demand or such drilling rigs
has allen significantly and this has caused major problems or the
Chinese yards The oversupply in the market has led to contracts
being cancelled where the prospective owners no longer consider
the project to be economically viable Even established drilling
contractors are looking to delay delivery o uncommitted rigs into
2016 and 2017 in the hope that market conditions will improve
Faced with cancellations by companies against whom ofen the
Chinese yards have limited rights o recourse the situation that
the Chinese yards find themselves in is becoming increasingly
desperate Where requests or extensions in delivery dates are
being made Chinese yards appear to be prepared to accommodate
such requests However it remains to be seen whether the parties
can agree upon urther delays beyond the already extended deliv -
ery dates should market conditions remain bleak
At the same time the value o the rigs under construction
has allen significantly and where cancellations occur the
Chinese yards are lef with assets on their hands that are
continuing to decrease in value It is unlikely that the yards
will want to operate these rigs and consequently their uture
remains uncertain Such circumstances may create oppor-
tunities or other prospective purchasers who look to secure
high specification drilling rigs at a knock down price At present
though there is little evidence to suggest that Chinese yards
most affected by rig cancellations are willing to part with the
units or a price significantly below the contract price agreed
or the construction o the unit
In part this can be explained by the custom o Chinese
yards to take out insurance with companies such as Sinosure
to protect themselves against buyerrsquos deault which sees them
made whole even i a buyer walks away rom an uneconomic
project However there also appears to be a general reluctance
on the part o the yards to sell such assets at a significant
discount Other options being explored are joint ventures with
the yard to operate the rig (at least until such time as the yard
has earned back its construction costs) andor initially leasing
the rig rom the yard with a subsequent purchase option Time
will tell as to how successul these inventive solutions are in
enabling the Chinese yards to overcome their problems but it
is clear that even the most optimistic amongst them consider
there are some very hard times still to be endured
At the start o 2015 60 jackup units were scheduled to bedelivered rom Chinese yards
in 2015-2016 This figurerepresents about 60 o all jack ups to be delivered in
2015-2016 worldwide
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1213
22 23
WIKBORG REINrsquoS GLOBAL OFFSHORE PROJECTS TEAM
OSLO
Trond Eilertsen
Partner
teiwrno+47 901 99 186
+47 22 82 76 12
Are Zachariassen
Partner
azawrno+47 909 18 308
+47 22 82 76 72
Oddbjoslashrn Slinning
Partner
oslwrno+47 481 21 650
+47 22 82 75 14
Guy C Leonard
Senior Lawyer
gclwrno+47 977 35 003
+47 22 82 76 37
LONDON
Tormod Kloslashve
Senior Associate
tklwrno+81 90 3160 7668
+81 78 2721 777
BERGEN
Oslashystein Meland
Partner
omewrno+47 901 42 033
+47 55 21 52 75
Finn Bjoslashrnstad
Partner
fbjwrno+47 415 04 481
+47 22 82 76 11
Gaute Gjelsten
Partner
ggjwrno+47 995 23 535
+47 22 82 76 31
Oslashyvind Axe
Partner
axewrno+47 970 55 558
+47 55 21 52 71
Geir Ove Roslashberg
Partner
gorwrno+47 900 35 045
+47 55 21 52 65
Clare Calnan
Partner
clcwrcocouk+44 75 9560 7958
+44 20 7367 0304
Christian James-Olsen
Partner
colwrno+47 928 33 919
+47 55 21 52 70
Cecilie K Haltebrekke
Senior Lawyer
ckhwrno+47 416 49 158
+47 55 21 52 81
Jon Heimset
Partner
jhewrno+47 908 55 702
+47 55 21 52 72
SINGAPORE KOBE
Siri Wennevik
Partner
siwwrcomsg+65 9674 4906
+65 6496 8219
Robert Joiner
Partner
rajwrcomsg+65 8518 6239
+65 6496 8359
Ole Henrik Wille
Partner
owiwrcocouk+44 78 0351 4071
+44 20 7367 0326
Andreas Fjaeligrvoll-Larsen
Senior Lawyer
aflwrcocouk+44 77 1130 4251
+44 20 7367 0321
Rob Jardine-Brown
Partner
rjbwrcocouk+44 77 8572 2147
+44 20 7367 0305
Birgitte Karlsen
Partner
bkawrcocouk+44 75 2507 1742
+44 20 7367 0309
SHANGHAI
Ronin Zong
Partner
rlzwrcocomcn+86 138 1665 0656
+86 21 6339 0101
Chelsea Chen
Senior Lawyer
cchwrcocomcn+86 138 1687 8480
+86 210 6339 0101
Tormod Ludvik Nilsen
Partner
tlnwrcocomcn+86 216 3390 0101
+86 186 2194 4892
Jonathan C Page
Partner
jpawrcocouk+44 20 7367 0303
+44 71 3112 103
O one o the key
sources o renewable energy adopted
by European governments to meet
their commitments to mitigate climate
change and to decrease reliance on os-
sil uels in the coming years Despite
the offshore wind industry having flour-
ished in recent years the short-term
outlook or 2016 is set to see a sharp
decline in new grid connected offshore
wind capacity as compared to 2015 This
decline will affect all levels o the off-
shore wind supply chain
The sofening o the European offshore
wind market has also been compounded
by the recent slump in global oil prices
which has orced many North Sea oil
and gas companies to cut budgets and to
reeze all non-essential expenditure As
a result many maintenance brown field
enhancement and lie extension projects
in the North Sea oil and gas sector
originally scheduled or 2015 have been
temporarily halted and will likely only
now be sanctioned when the oil price
begins to stabilise at a realistic level
This has led to an oversupply o
vessels across both sectors resulting
in highly competitive rates in the off-
shore wind industry particularly on
less technically challenging projects
such as accommodation support WTG
commissioning and substation hook-up
and commissioning
The short term outlook is thereore
challenging and owners will need to
tighten their belts
The mid- to long-term outlook
however is more positive with demand
being expected to pick up in the
European offshore wind sector in late
2016 or early 2017 with approximately
20 GW o capacity expected to be added
between now and 2020 It is to be hoped
that this will bolster demand or vessels
in the European sector and hopeully
restore some equilibrium to vessel
rates
That said the extreme pressure both
rom governments and the industry itsel
to cut the capital costs o offshore wind
arm installation has resulted in devel-
opers increasingly seeking efficiencies
o scale and as a result many planned
projects will seek to utilise the new gen-
eration o larger 6-8MW turbines with
correspondingly larger oundations
The scale o these new projects will
thereore rule out many o the multi-
purpose vessels in the existing fleet o
offshore wind support vessels which
are ofen designed to perorm both oil
and gas maintenance and offshore wind
installation work A new generation
o purpose-build offshore wind arm
installation vessels will thereore be
required to meet demand
The newly delivered SEAJACKS
SCYLLA delivered rom Samsung
Heavy Industries Co Ltd to Seajacks
Group in November 2015 is one such
example and with a lif capacity o over
1500 tonnes SEAJACKS SCYLLA is
perectly placed to install the new larger
turbines and oundations
Whether other vessel owners will
ollow suit and place orders or vessels
with a similar lif capacity is yet to be
seen but with the worldrsquos shipyards
being desperate to increase their con-
tract backlog there may not be a better
time to place an order
PROSPECTS FOR THEEUROPEAN OFFSHORE
WIND INDUSTRY
991251 no good news
Despite the offshore windindustry having flourishedin recent years the short-
term outlook or 2016 is setto see a sharp decline in newgrid connected offshore wind
capacity as compared to 2015
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1313
Joe McGladdery
Partner
jmgwrcocouk+44 77 1311 3115
+44 20 7367 0302
OsloTel +47 22 82 75 00
Fax +47 22 82 75 01
oslowrno
BergenTel +47 55 21 52 00
Fax +47 55 21 52 01
bergenwrno
LondonTel +44 20 7367 0300
Fax +44 20 7367 0301
londonwrno
SingaporeTel +65 6438 4498
Fax +65 6438 4496
singaporewrno
ShanghaiTel +86 21 6339 010 1
Fax +86 21 6339 0606
shanghaiwrno
KobeTel +81 78 272 1777
Fax +81 78 272 1788
kobewrno
wwwwrno
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1013
18 19
CHINA ndash a more cautious approach to fnancing
I C financial institutions have proved
to be an increasingly important source o capital or shipping
and offshore assets However difficult market conditions have
created challenges or the over-developed Chinese shipbuild-
ing industry and have dampened the enthusiasm o the Chinesefinancial markets Most Chinese banks and financial leasing
companies have become more cautious in their approach to the
financing o international shipping and offshore assets Despite
this China will continue to play an important role in financing
shipping and offshore transactions
INTERNATIONALISATION OF ldquoCHINESE SHIP FINANCErdquo
Traditionally Chinese banks supported Chinese owners and
yards but afer 2008 more and more financial institutions also
engaged with international owners This development ollowed
policy decisions by Chinese authorities encouraging amongst
other things the promotion o Shanghai as a global shipping
centre control o resources required or growth in the domestic
economy (including the fleet o vessels owned by Chinese state
owned entities) strategic links with resource rich countries and
general support or the Chinese shipbuilding industry
An important instrument in this development has been the
availability o Chinese export credit guarantees Export credit
arrangements have played a significant role as an instrument
which enables governments o many countries to support export-
ers and the importance o the Chinese export credit instructions is
a reflection o the growth o Chinese shipyards Various financing
products such as buyersrsquo or sellersrsquo credits and export credit insur-
ances have enriched the financing sources or Chinese ship or off-
shore unit exports and to a certain extent it has also contributed
to the prosperity o the Chinese shipyards
Another important development in the Chinese financing
arena has been the growth o Chinese leasing companies and
more than 1000 leasing companies have emerged during the
last ten years These companies provide unding through
ownership by way o ldquosale and leasebackrdquo ldquolease and purchaserdquo
or other similar arrangements with or without a purchase
option or the lessee Such arrangements may be attractive off-
balance-sheet alternatives to international owners by providing
more flexibility in deal structures and financing costs
THE NEXT STEPS
Chinese financing is no different rom financing or leasing arrange-
ments in other jurisdictions There are as in any jurisdiction
cultural aspects to be taken into account but the documentation
is similar to international transactions and industrial standards
(such as the LMA orms) and is ofen governed by English law
Chinese financing and leasing institutions were once
considered to be rather over eager to participate in financ-ing certain types o projects or assets but a clear trend in
todayrsquos market is that ownersrsquo backgrounds the economics
markets o assets and documentation underpinning projects
are required to undergo a detailed and thorough review beore
unds are committed This is particularly true within the
offshore segment where gloomy market conditions are casting
shadows onto the financing opportunities China Exim Bank has
on several occasions emphasised that they will give priority
to higher technology and higher value asset classes such as
LNG large containerships and eco-ships On the other hand
the Chinese unds are still available and rom many sources
but the competition between the Chinese financing institutions
to secure the good projects is fierce
The challenging conditions at Chinese shipyards are also
an important actor impacting the way orward or the Chinese
financing community The backlog o orders at the shipyards
includes a significant number o units that are to be delivered
into a market where employment rates are low This is an
environment where traditional shipping banks (and the capital
markets as a whole) may be reluctant to provide financing and
where the Chinese export credit agencies once again will need
to provide significant parts o the unding required The Chinese
export credit agencies have also expressed the need to guide
the shipping and shipbuilding sectors out o the current down-
turn but to what extent support is available may ultimately
turn on the political will o relevant authorities in respect o
the industry and asset class in question
The multiple aspects affecting Chinese ship and offshore
finance makes it difficult to predict how matters will develop
but Chinese financing institutions will continue to play an
important role in providing uture take-out financing or
refinancing o assets which in turn will have a significant
impact on the Chinese construction markets The expectation
is that such financing arrangements will become increasingly
complex and will involve elements o traditional bank unding
export credit leasing arrangements and other instruments The
question is thereore not so much whether Chinese financing
is still relevant but rather how to match the correct source o
unding with the right project through the best ramework P H O T O 983098
I l j 983137
H e n
d e
l
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1113
20 21
OFFSHORECONSTRUCTION
IN CHINAndash a step too ar
O Chinese shipyards have moved
inexorably into the offshore construction market and in
particular into the jack up market Progressing rom the
construction o smaller units a number o Chinese yards are
now heavily involved in the construction o larger and more
sophisticated jack ups At the start o 2015 60 jack up units
were scheduled to be delivered rom Chinese yards in 2015-
2016 This figure represents about 60 o all jack ups to be
delivered in 2015-2016 worldwide
To secure such dominance in the market the Chinese yards
have provided attractive payment packages to prospective
owners or example in some cases requiring a small down
payment o only 5 at the start o the construction process
with the remaining 95 being payable on delivery Given
that larger jack ups commanded a price tag o around US$230
million such payment terms enabled more buyers to enter the
market many o them on a speculative basis It is estimated
that over hal o the jack ups contracted or at Chinese yards
were contracted or at a time when the prospective owners did
not have the security o a drilling contract ndash which is typically
required in order to secure take out financing
This business model worked well or the Chinese yards in the
good years but with the alling oil price and the reduction in capi-
tal EampP budgets o oil companies the demand or such drilling rigs
has allen significantly and this has caused major problems or the
Chinese yards The oversupply in the market has led to contracts
being cancelled where the prospective owners no longer consider
the project to be economically viable Even established drilling
contractors are looking to delay delivery o uncommitted rigs into
2016 and 2017 in the hope that market conditions will improve
Faced with cancellations by companies against whom ofen the
Chinese yards have limited rights o recourse the situation that
the Chinese yards find themselves in is becoming increasingly
desperate Where requests or extensions in delivery dates are
being made Chinese yards appear to be prepared to accommodate
such requests However it remains to be seen whether the parties
can agree upon urther delays beyond the already extended deliv -
ery dates should market conditions remain bleak
At the same time the value o the rigs under construction
has allen significantly and where cancellations occur the
Chinese yards are lef with assets on their hands that are
continuing to decrease in value It is unlikely that the yards
will want to operate these rigs and consequently their uture
remains uncertain Such circumstances may create oppor-
tunities or other prospective purchasers who look to secure
high specification drilling rigs at a knock down price At present
though there is little evidence to suggest that Chinese yards
most affected by rig cancellations are willing to part with the
units or a price significantly below the contract price agreed
or the construction o the unit
In part this can be explained by the custom o Chinese
yards to take out insurance with companies such as Sinosure
to protect themselves against buyerrsquos deault which sees them
made whole even i a buyer walks away rom an uneconomic
project However there also appears to be a general reluctance
on the part o the yards to sell such assets at a significant
discount Other options being explored are joint ventures with
the yard to operate the rig (at least until such time as the yard
has earned back its construction costs) andor initially leasing
the rig rom the yard with a subsequent purchase option Time
will tell as to how successul these inventive solutions are in
enabling the Chinese yards to overcome their problems but it
is clear that even the most optimistic amongst them consider
there are some very hard times still to be endured
At the start o 2015 60 jackup units were scheduled to bedelivered rom Chinese yards
in 2015-2016 This figurerepresents about 60 o all jack ups to be delivered in
2015-2016 worldwide
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1213
22 23
WIKBORG REINrsquoS GLOBAL OFFSHORE PROJECTS TEAM
OSLO
Trond Eilertsen
Partner
teiwrno+47 901 99 186
+47 22 82 76 12
Are Zachariassen
Partner
azawrno+47 909 18 308
+47 22 82 76 72
Oddbjoslashrn Slinning
Partner
oslwrno+47 481 21 650
+47 22 82 75 14
Guy C Leonard
Senior Lawyer
gclwrno+47 977 35 003
+47 22 82 76 37
LONDON
Tormod Kloslashve
Senior Associate
tklwrno+81 90 3160 7668
+81 78 2721 777
BERGEN
Oslashystein Meland
Partner
omewrno+47 901 42 033
+47 55 21 52 75
Finn Bjoslashrnstad
Partner
fbjwrno+47 415 04 481
+47 22 82 76 11
Gaute Gjelsten
Partner
ggjwrno+47 995 23 535
+47 22 82 76 31
Oslashyvind Axe
Partner
axewrno+47 970 55 558
+47 55 21 52 71
Geir Ove Roslashberg
Partner
gorwrno+47 900 35 045
+47 55 21 52 65
Clare Calnan
Partner
clcwrcocouk+44 75 9560 7958
+44 20 7367 0304
Christian James-Olsen
Partner
colwrno+47 928 33 919
+47 55 21 52 70
Cecilie K Haltebrekke
Senior Lawyer
ckhwrno+47 416 49 158
+47 55 21 52 81
Jon Heimset
Partner
jhewrno+47 908 55 702
+47 55 21 52 72
SINGAPORE KOBE
Siri Wennevik
Partner
siwwrcomsg+65 9674 4906
+65 6496 8219
Robert Joiner
Partner
rajwrcomsg+65 8518 6239
+65 6496 8359
Ole Henrik Wille
Partner
owiwrcocouk+44 78 0351 4071
+44 20 7367 0326
Andreas Fjaeligrvoll-Larsen
Senior Lawyer
aflwrcocouk+44 77 1130 4251
+44 20 7367 0321
Rob Jardine-Brown
Partner
rjbwrcocouk+44 77 8572 2147
+44 20 7367 0305
Birgitte Karlsen
Partner
bkawrcocouk+44 75 2507 1742
+44 20 7367 0309
SHANGHAI
Ronin Zong
Partner
rlzwrcocomcn+86 138 1665 0656
+86 21 6339 0101
Chelsea Chen
Senior Lawyer
cchwrcocomcn+86 138 1687 8480
+86 210 6339 0101
Tormod Ludvik Nilsen
Partner
tlnwrcocomcn+86 216 3390 0101
+86 186 2194 4892
Jonathan C Page
Partner
jpawrcocouk+44 20 7367 0303
+44 71 3112 103
O one o the key
sources o renewable energy adopted
by European governments to meet
their commitments to mitigate climate
change and to decrease reliance on os-
sil uels in the coming years Despite
the offshore wind industry having flour-
ished in recent years the short-term
outlook or 2016 is set to see a sharp
decline in new grid connected offshore
wind capacity as compared to 2015 This
decline will affect all levels o the off-
shore wind supply chain
The sofening o the European offshore
wind market has also been compounded
by the recent slump in global oil prices
which has orced many North Sea oil
and gas companies to cut budgets and to
reeze all non-essential expenditure As
a result many maintenance brown field
enhancement and lie extension projects
in the North Sea oil and gas sector
originally scheduled or 2015 have been
temporarily halted and will likely only
now be sanctioned when the oil price
begins to stabilise at a realistic level
This has led to an oversupply o
vessels across both sectors resulting
in highly competitive rates in the off-
shore wind industry particularly on
less technically challenging projects
such as accommodation support WTG
commissioning and substation hook-up
and commissioning
The short term outlook is thereore
challenging and owners will need to
tighten their belts
The mid- to long-term outlook
however is more positive with demand
being expected to pick up in the
European offshore wind sector in late
2016 or early 2017 with approximately
20 GW o capacity expected to be added
between now and 2020 It is to be hoped
that this will bolster demand or vessels
in the European sector and hopeully
restore some equilibrium to vessel
rates
That said the extreme pressure both
rom governments and the industry itsel
to cut the capital costs o offshore wind
arm installation has resulted in devel-
opers increasingly seeking efficiencies
o scale and as a result many planned
projects will seek to utilise the new gen-
eration o larger 6-8MW turbines with
correspondingly larger oundations
The scale o these new projects will
thereore rule out many o the multi-
purpose vessels in the existing fleet o
offshore wind support vessels which
are ofen designed to perorm both oil
and gas maintenance and offshore wind
installation work A new generation
o purpose-build offshore wind arm
installation vessels will thereore be
required to meet demand
The newly delivered SEAJACKS
SCYLLA delivered rom Samsung
Heavy Industries Co Ltd to Seajacks
Group in November 2015 is one such
example and with a lif capacity o over
1500 tonnes SEAJACKS SCYLLA is
perectly placed to install the new larger
turbines and oundations
Whether other vessel owners will
ollow suit and place orders or vessels
with a similar lif capacity is yet to be
seen but with the worldrsquos shipyards
being desperate to increase their con-
tract backlog there may not be a better
time to place an order
PROSPECTS FOR THEEUROPEAN OFFSHORE
WIND INDUSTRY
991251 no good news
Despite the offshore windindustry having flourishedin recent years the short-
term outlook or 2016 is setto see a sharp decline in newgrid connected offshore wind
capacity as compared to 2015
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1313
Joe McGladdery
Partner
jmgwrcocouk+44 77 1311 3115
+44 20 7367 0302
OsloTel +47 22 82 75 00
Fax +47 22 82 75 01
oslowrno
BergenTel +47 55 21 52 00
Fax +47 55 21 52 01
bergenwrno
LondonTel +44 20 7367 0300
Fax +44 20 7367 0301
londonwrno
SingaporeTel +65 6438 4498
Fax +65 6438 4496
singaporewrno
ShanghaiTel +86 21 6339 010 1
Fax +86 21 6339 0606
shanghaiwrno
KobeTel +81 78 272 1777
Fax +81 78 272 1788
kobewrno
wwwwrno
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1113
20 21
OFFSHORECONSTRUCTION
IN CHINAndash a step too ar
O Chinese shipyards have moved
inexorably into the offshore construction market and in
particular into the jack up market Progressing rom the
construction o smaller units a number o Chinese yards are
now heavily involved in the construction o larger and more
sophisticated jack ups At the start o 2015 60 jack up units
were scheduled to be delivered rom Chinese yards in 2015-
2016 This figure represents about 60 o all jack ups to be
delivered in 2015-2016 worldwide
To secure such dominance in the market the Chinese yards
have provided attractive payment packages to prospective
owners or example in some cases requiring a small down
payment o only 5 at the start o the construction process
with the remaining 95 being payable on delivery Given
that larger jack ups commanded a price tag o around US$230
million such payment terms enabled more buyers to enter the
market many o them on a speculative basis It is estimated
that over hal o the jack ups contracted or at Chinese yards
were contracted or at a time when the prospective owners did
not have the security o a drilling contract ndash which is typically
required in order to secure take out financing
This business model worked well or the Chinese yards in the
good years but with the alling oil price and the reduction in capi-
tal EampP budgets o oil companies the demand or such drilling rigs
has allen significantly and this has caused major problems or the
Chinese yards The oversupply in the market has led to contracts
being cancelled where the prospective owners no longer consider
the project to be economically viable Even established drilling
contractors are looking to delay delivery o uncommitted rigs into
2016 and 2017 in the hope that market conditions will improve
Faced with cancellations by companies against whom ofen the
Chinese yards have limited rights o recourse the situation that
the Chinese yards find themselves in is becoming increasingly
desperate Where requests or extensions in delivery dates are
being made Chinese yards appear to be prepared to accommodate
such requests However it remains to be seen whether the parties
can agree upon urther delays beyond the already extended deliv -
ery dates should market conditions remain bleak
At the same time the value o the rigs under construction
has allen significantly and where cancellations occur the
Chinese yards are lef with assets on their hands that are
continuing to decrease in value It is unlikely that the yards
will want to operate these rigs and consequently their uture
remains uncertain Such circumstances may create oppor-
tunities or other prospective purchasers who look to secure
high specification drilling rigs at a knock down price At present
though there is little evidence to suggest that Chinese yards
most affected by rig cancellations are willing to part with the
units or a price significantly below the contract price agreed
or the construction o the unit
In part this can be explained by the custom o Chinese
yards to take out insurance with companies such as Sinosure
to protect themselves against buyerrsquos deault which sees them
made whole even i a buyer walks away rom an uneconomic
project However there also appears to be a general reluctance
on the part o the yards to sell such assets at a significant
discount Other options being explored are joint ventures with
the yard to operate the rig (at least until such time as the yard
has earned back its construction costs) andor initially leasing
the rig rom the yard with a subsequent purchase option Time
will tell as to how successul these inventive solutions are in
enabling the Chinese yards to overcome their problems but it
is clear that even the most optimistic amongst them consider
there are some very hard times still to be endured
At the start o 2015 60 jackup units were scheduled to bedelivered rom Chinese yards
in 2015-2016 This figurerepresents about 60 o all jack ups to be delivered in
2015-2016 worldwide
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1213
22 23
WIKBORG REINrsquoS GLOBAL OFFSHORE PROJECTS TEAM
OSLO
Trond Eilertsen
Partner
teiwrno+47 901 99 186
+47 22 82 76 12
Are Zachariassen
Partner
azawrno+47 909 18 308
+47 22 82 76 72
Oddbjoslashrn Slinning
Partner
oslwrno+47 481 21 650
+47 22 82 75 14
Guy C Leonard
Senior Lawyer
gclwrno+47 977 35 003
+47 22 82 76 37
LONDON
Tormod Kloslashve
Senior Associate
tklwrno+81 90 3160 7668
+81 78 2721 777
BERGEN
Oslashystein Meland
Partner
omewrno+47 901 42 033
+47 55 21 52 75
Finn Bjoslashrnstad
Partner
fbjwrno+47 415 04 481
+47 22 82 76 11
Gaute Gjelsten
Partner
ggjwrno+47 995 23 535
+47 22 82 76 31
Oslashyvind Axe
Partner
axewrno+47 970 55 558
+47 55 21 52 71
Geir Ove Roslashberg
Partner
gorwrno+47 900 35 045
+47 55 21 52 65
Clare Calnan
Partner
clcwrcocouk+44 75 9560 7958
+44 20 7367 0304
Christian James-Olsen
Partner
colwrno+47 928 33 919
+47 55 21 52 70
Cecilie K Haltebrekke
Senior Lawyer
ckhwrno+47 416 49 158
+47 55 21 52 81
Jon Heimset
Partner
jhewrno+47 908 55 702
+47 55 21 52 72
SINGAPORE KOBE
Siri Wennevik
Partner
siwwrcomsg+65 9674 4906
+65 6496 8219
Robert Joiner
Partner
rajwrcomsg+65 8518 6239
+65 6496 8359
Ole Henrik Wille
Partner
owiwrcocouk+44 78 0351 4071
+44 20 7367 0326
Andreas Fjaeligrvoll-Larsen
Senior Lawyer
aflwrcocouk+44 77 1130 4251
+44 20 7367 0321
Rob Jardine-Brown
Partner
rjbwrcocouk+44 77 8572 2147
+44 20 7367 0305
Birgitte Karlsen
Partner
bkawrcocouk+44 75 2507 1742
+44 20 7367 0309
SHANGHAI
Ronin Zong
Partner
rlzwrcocomcn+86 138 1665 0656
+86 21 6339 0101
Chelsea Chen
Senior Lawyer
cchwrcocomcn+86 138 1687 8480
+86 210 6339 0101
Tormod Ludvik Nilsen
Partner
tlnwrcocomcn+86 216 3390 0101
+86 186 2194 4892
Jonathan C Page
Partner
jpawrcocouk+44 20 7367 0303
+44 71 3112 103
O one o the key
sources o renewable energy adopted
by European governments to meet
their commitments to mitigate climate
change and to decrease reliance on os-
sil uels in the coming years Despite
the offshore wind industry having flour-
ished in recent years the short-term
outlook or 2016 is set to see a sharp
decline in new grid connected offshore
wind capacity as compared to 2015 This
decline will affect all levels o the off-
shore wind supply chain
The sofening o the European offshore
wind market has also been compounded
by the recent slump in global oil prices
which has orced many North Sea oil
and gas companies to cut budgets and to
reeze all non-essential expenditure As
a result many maintenance brown field
enhancement and lie extension projects
in the North Sea oil and gas sector
originally scheduled or 2015 have been
temporarily halted and will likely only
now be sanctioned when the oil price
begins to stabilise at a realistic level
This has led to an oversupply o
vessels across both sectors resulting
in highly competitive rates in the off-
shore wind industry particularly on
less technically challenging projects
such as accommodation support WTG
commissioning and substation hook-up
and commissioning
The short term outlook is thereore
challenging and owners will need to
tighten their belts
The mid- to long-term outlook
however is more positive with demand
being expected to pick up in the
European offshore wind sector in late
2016 or early 2017 with approximately
20 GW o capacity expected to be added
between now and 2020 It is to be hoped
that this will bolster demand or vessels
in the European sector and hopeully
restore some equilibrium to vessel
rates
That said the extreme pressure both
rom governments and the industry itsel
to cut the capital costs o offshore wind
arm installation has resulted in devel-
opers increasingly seeking efficiencies
o scale and as a result many planned
projects will seek to utilise the new gen-
eration o larger 6-8MW turbines with
correspondingly larger oundations
The scale o these new projects will
thereore rule out many o the multi-
purpose vessels in the existing fleet o
offshore wind support vessels which
are ofen designed to perorm both oil
and gas maintenance and offshore wind
installation work A new generation
o purpose-build offshore wind arm
installation vessels will thereore be
required to meet demand
The newly delivered SEAJACKS
SCYLLA delivered rom Samsung
Heavy Industries Co Ltd to Seajacks
Group in November 2015 is one such
example and with a lif capacity o over
1500 tonnes SEAJACKS SCYLLA is
perectly placed to install the new larger
turbines and oundations
Whether other vessel owners will
ollow suit and place orders or vessels
with a similar lif capacity is yet to be
seen but with the worldrsquos shipyards
being desperate to increase their con-
tract backlog there may not be a better
time to place an order
PROSPECTS FOR THEEUROPEAN OFFSHORE
WIND INDUSTRY
991251 no good news
Despite the offshore windindustry having flourishedin recent years the short-
term outlook or 2016 is setto see a sharp decline in newgrid connected offshore wind
capacity as compared to 2015
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1313
Joe McGladdery
Partner
jmgwrcocouk+44 77 1311 3115
+44 20 7367 0302
OsloTel +47 22 82 75 00
Fax +47 22 82 75 01
oslowrno
BergenTel +47 55 21 52 00
Fax +47 55 21 52 01
bergenwrno
LondonTel +44 20 7367 0300
Fax +44 20 7367 0301
londonwrno
SingaporeTel +65 6438 4498
Fax +65 6438 4496
singaporewrno
ShanghaiTel +86 21 6339 010 1
Fax +86 21 6339 0606
shanghaiwrno
KobeTel +81 78 272 1777
Fax +81 78 272 1788
kobewrno
wwwwrno
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1213
22 23
WIKBORG REINrsquoS GLOBAL OFFSHORE PROJECTS TEAM
OSLO
Trond Eilertsen
Partner
teiwrno+47 901 99 186
+47 22 82 76 12
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O one o the key
sources o renewable energy adopted
by European governments to meet
their commitments to mitigate climate
change and to decrease reliance on os-
sil uels in the coming years Despite
the offshore wind industry having flour-
ished in recent years the short-term
outlook or 2016 is set to see a sharp
decline in new grid connected offshore
wind capacity as compared to 2015 This
decline will affect all levels o the off-
shore wind supply chain
The sofening o the European offshore
wind market has also been compounded
by the recent slump in global oil prices
which has orced many North Sea oil
and gas companies to cut budgets and to
reeze all non-essential expenditure As
a result many maintenance brown field
enhancement and lie extension projects
in the North Sea oil and gas sector
originally scheduled or 2015 have been
temporarily halted and will likely only
now be sanctioned when the oil price
begins to stabilise at a realistic level
This has led to an oversupply o
vessels across both sectors resulting
in highly competitive rates in the off-
shore wind industry particularly on
less technically challenging projects
such as accommodation support WTG
commissioning and substation hook-up
and commissioning
The short term outlook is thereore
challenging and owners will need to
tighten their belts
The mid- to long-term outlook
however is more positive with demand
being expected to pick up in the
European offshore wind sector in late
2016 or early 2017 with approximately
20 GW o capacity expected to be added
between now and 2020 It is to be hoped
that this will bolster demand or vessels
in the European sector and hopeully
restore some equilibrium to vessel
rates
That said the extreme pressure both
rom governments and the industry itsel
to cut the capital costs o offshore wind
arm installation has resulted in devel-
opers increasingly seeking efficiencies
o scale and as a result many planned
projects will seek to utilise the new gen-
eration o larger 6-8MW turbines with
correspondingly larger oundations
The scale o these new projects will
thereore rule out many o the multi-
purpose vessels in the existing fleet o
offshore wind support vessels which
are ofen designed to perorm both oil
and gas maintenance and offshore wind
installation work A new generation
o purpose-build offshore wind arm
installation vessels will thereore be
required to meet demand
The newly delivered SEAJACKS
SCYLLA delivered rom Samsung
Heavy Industries Co Ltd to Seajacks
Group in November 2015 is one such
example and with a lif capacity o over
1500 tonnes SEAJACKS SCYLLA is
perectly placed to install the new larger
turbines and oundations
Whether other vessel owners will
ollow suit and place orders or vessels
with a similar lif capacity is yet to be
seen but with the worldrsquos shipyards
being desperate to increase their con-
tract backlog there may not be a better
time to place an order
PROSPECTS FOR THEEUROPEAN OFFSHORE
WIND INDUSTRY
991251 no good news
Despite the offshore windindustry having flourishedin recent years the short-
term outlook or 2016 is setto see a sharp decline in newgrid connected offshore wind
capacity as compared to 2015
7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1313
Joe McGladdery
Partner
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+44 20 7367 0302
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Fax +47 22 82 75 01
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7232019 Wikborg Global Offshore Projects DEC15
httpslidepdfcomreaderfullwikborg-global-offshore-projects-dec15 1313
Joe McGladdery
Partner
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+44 20 7367 0302
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