ENERGY SCANDAL CLAIMS TWO SENIOR POLITICIANS

by Ben Taylor

The CAG report dominated front pages on Nov 27th (millardayo.com)

The CAG report dominated front pages on Nov 27th (millardayo.com)

For a week in November, the attention of Tanzania’s political scene was diverted away from the constitution and the 2015 elections and onto yet another energy sector corruption scandal – the IPTL Escrow case. The long-awaited report of the Controller and Auditor General (CAG) into the case was presented to the Parliamentary Accounts Committee (PAC) which in turn reported the key findings back to parliament.

That the report was presented at all was a triumph for parliamentary procedure and for a few determined MPs, including the Speaker, Anna Makinda, who resisted reported attempts by the judiciary, the Prime Minister and others to block the debate.

The scandal saw more than £116m taken from an escrow account at the Bank of Tanzania and transferred to offshore accounts held by private businessmen and government officials, according to Zitto Kabwe, the firebrand opposition (Chadema) MP and PAC chair. Kabwe presented the report to parliament together with the PAC deputy chair, Deo Filikunjombe (CCM).

The escrow account was opened in 2006, following a disagreement over charges to be paid by Tanesco, the national energy utility, to IPTL for emergency power generation. Tanesco was to deposit money in the account until such a time as the disagreement over charges could be resolved.

The ownership of IPTL has since changed hands, and a Tanzania-born Kenyan businessman, Harbinder Singh Sethi, now claims to be the legitimate owner of the firm, and that the funds in the escrow account were rightly his.

The case hinges principally on two issues: who is the rightful owner of IPTL, and did any or all of the money in the escrow account belong to the government and/or Tanesco?

The Parliamentary Accounts Committee said that irregularities in the sale of IPTL to Sethi’s company, Pan-African Power Solution (PAP) meant he was not the proper owner of the firm. Citing the support of the Controller and Auditor General, the Director General of the Prevention and Combatting of Corruption Bureau (PCCB) and the Commissioner of the Tanzania Revenue Authority (TRA), the committee argued that most of (or all) the funds in the escrow account were the rightful property of Tanesco.

Attorney General Frederick Werema, Minister of Energy and Minerals Professor Sospeter Muhongo, Prime Minister Mizengo Pinda and later President Kikwete all disagreed, arguing that Sethi was the owner of IPTL, and that the escrow account funds were his.

The case has already brought a heavy financial toll to Tanzania. In addi­tion to the money allegedly stolen from the public purse, the UK and eleven other international donors have suspended $490m in general budget support for the current financial year, citing the slow pace of investigations into the case. More recently, the Millennium Challenge Corporation, a US aid agency, indicated that they were monitoring developments closely and warned that their decision on a new fund­ing agreement – potentially several hundred million dollars – would depend on the Tanzanian government acting swiftly and decisively to combat corruption.

In presenting his committee’s report, Kabwe drew both shock and laughter as he explained that the Director General of PCCB had confirmed that people had collected funds in cash from the Mkombozi and Stanbic bank branches in plastic carrier bags, cardboard boxes, and sisal gunny sacks. As much as Tshs 73.5bn ($45m) was reportedly withdrawn on a single day in January 2014.

In his response to the parliamentary debate and resolutions, delayed by his health condition, President Kikwete spared the Minster of Energy and Minerals, Prof Muhongo, though parliament had called for his sacking. Instead, the President said that he has formed a team to investigate the Minister, and will make a decision once the team has reported back to him.

Prime Minister Pinda also survived when parliament revised the initial recommendation of the PAC that he should step aside.

In December the scandal claimed two senior scalps. Attorney General Werema, resigned on 17 December, though he denied any wrongdoing and said he was stepping down because his legal advice had been misunderstood. A few days later, President Kikwete sacked the Minster of Lands, Housing and Human Development Anna Tibaijuka for accepting a $1m payment from a Tanzanian businessman James Rugemalira, linked to the case.

Rugemalira had sold his 30% stake in IPTL to Sethi for $75m, and is alleged to have then transferred significant money into accounts held by a long list of public figures, including $1m to Mrs Tibaijuka. She does not deny receiving this amount, but claims that she was merely channelling the money onwards to a school. Other reported beneficiaries of Rugemalira’s generosity were senior political figures such as former Attorney General and veteran of the BAE-radar scandal, Andrew Chenge, two former Ministers of Energy and Minerals, William Ngeleja and Daniel Yona, and board members and employees of Tanesco, the Tanzania Revenue Authority, the Tanzania Investment Centre (TIC) and the Registration, Insolvency and Trusteeship Agency (RITA), as well as two judges and two bishops.

The political impact of the scandal, particularly in terms of the forthcoming elections may be significant. Pinda, a leading candidate for the CCM presidential nomination, has been weakened in the public eye. Anna Tibaijuka is no longer a viable candidate. The Speaker, Anna Makinda, an outside possibility for the nomination, surprised many with her strong handling of the affair – standing up to powerful figures, protecting parliamentary independence, and chairing heated discussions with considerable dexterity.

Other leading potential CCM candidates for the presidency did their best to stay out of the fray. Edward Lowassa and Bernard Membe were notably quiet, in public at least, and January Makamba spoke only in general terms that corruption should not be tolerated.

Though Chadema (aside from their renegade member, Zitto Kabwe,) was late to exploit the case, the party is likely to pick up some votes from the affair, simply because it makes CCM look bad.

Beyond the presidential race, several MPs’ reputations were enhanced. David Kafulila (NCCR-Mageuzi) earned plaudits for his long-standing campaign to bring this case to public attention. Zitto Kabwe’s forensic skill and determined handling of the PAC has been noted, and there are signs of a possible thawing of his previously frosty relations with his Chadema party leaders. Deputy PAC chair Deo Filikunjombe (CCM), was visibly nervous in presenting the report, and spoke later of his discomfort in calling for the resignation of a Prime Minister who was seated just a few feet away. Though his public reputation has been enhanced, he has lost popularity with some senior party figures, and may therefore face a difficult re-selection process in his Ludewa constituency.

Anti-corruption investigators continue to look into the case, and promise prosecutions where appropriate. Despite the pressure being exerted by donors, this may or may not happen. Though two senior government figures have lost their jobs, the suspicion remains that many others – including senior figures within State House – have got off lightly.

In November the Executive Director of Tanzania Legal and Human Rights Centre Dr Hellen Kijo-Bisimba said President Kikwete failed to take a bold decision on the scandal and in turn acted “like an advocate of Pan African Power Solution.” Even Zitto Kabwe showed little appetite to take the matter further. “As Parliament we passed the resolutions by consensus, patriotism and avoiding being unfair to anyone. Parliament did its work ….and I’m leaving this matter to wananchi, they will make their own judgement,” he said.

The leader of opposition and chairperson of Chadema Mr Freeman Mbowe said by failing to sack the architects of the scandal the President showed the country that he is part of the wider corruption problem. “Anna Tibaijuka was but a branch of the scandal, so she was used as a scapegoat, while [those who] orchestrated the whole thing are yet to be touched,” he said.

A political science professor from Ruaha University College, Gaudence Mpangala, said the President did not arrive at decisions that were awaited by many in the country. “By saying that the escrow monies belong to IPTL, the President blew the whole thing away and that is very wrong,” he said.

ENERGY & MINERALS

by Roger Nellist

Statoil’s seventh Tanzanian gas discovery
Statoil and its co-venturer Exxon Mobil have continued their extraor­dinary drilling success by making another – their seventh – natural gas discovery offshore Tanzania. In October, Statoil’s Senior Vice President for Western Hemisphere Exploration, Nick Maden, announced the discovery of an additional 1.2 trillion cubic feet (tcf) of natural gas in-place, through the drilling of their ‘Giligiliani-1’ well, and said that this discovery opens up additional prospects for the partners’ on-going multi-well drilling programme. The Giligiliani-1 discovery is located on the western side of Licence Block 2, which Statoil operates on behalf of Exxon Mobil and the Tanzania Petroleum Development Corporation (TPDC), and brings the total of gas volumes in-place to 21tcf in that Block. (For comparison: 1tcf = 180 million barrels of oil equivalent). Like the earlier wells, Giligiliani-1 lies in very deep water (in depths of about 2,500 metres), which will make the eventual commercialisation of these gas discoveries technically complex and hugely expensive. The consortium’s drilling rig “Discoverer Americas” has now moved to the central part of Block 2 to drill an eighth well on what is termed the ‘Kungamanga’ prospect.

Mnazi Bay gas sales agreement
In September the Tanzanian government signed an agreement with the licensees of the Mnazi Bay and Msimbati gas fields in southern Tanzania for the supply of gas through the long Chinese-built pipeline to Dar (see Tanzania & Extractives article earlier in this issue).

Petroleum contracts: TPDC officials arrested and released
The ongoing controversy over the undisclosed terms in 26 petroleum Production Sharing Agreements (PSAs) negotiated between the govern­ment, TPDC and foreign oil companies came to a dramatic head on 3 November when the chairman of the parliamentary Public Accounts Committee (PAC), Zitto Kabwe MP, had TPDC’s Board Chairman Michael Mwanda and its acting Director James Andilile arrested for failure to deliver to the PAC copies of the PSAs and certain other docu­ments. The two men were apparently arrested in a committee room in the Parliament building in Dar but, after questioning, were later released without charge. The police said legal clarification was needed from the Attorney General before any prosecution of the TPDC officials could proceed. The PAC believes that the PSAs should be scrutinised by Parliament in the interests of transparency and to ensure that the national interest is protected. Tensions arose earlier this year when the Gas Addendum to Statoil’s PSA was leaked publicly and the terms were then criticised (by Kabwe, among others) as being insufficiently favourable to Tanzania. However, like many other countries, the practice in Tanzania is not to disclose negotiated petroleum and mining agreements, which the par­ties agree to keep confidential for business reasons. It is understood that in Tanzania the terms of such agreements are usually negotiated by an inter-Ministerial GOT team and then approved by the Cabinet before signature. TPDC said it was bound by confidentiality provisions and could not hand over copies of the PSAs unless it got permission to do so from the oil companies concerned, and that it was awaiting guidance from the Attorney General and the Ministry of Energy and Minerals. Minister Sospeter Muhongo then confirmed that his Ministry would not submit the PSAs to the PAC, citing ‘technical reasons’. It is understood that the PAC then warned that it still intended to pursue the matter.

Tanzania to become a major rare-earths producer
Australian-listed Peak Resources Ltd is fast tracking the development of its 100%-owned ‘Ngualla’ rare earth metals (REMs) project in Chunya District, 150 kilometres from Mbeya. REMs are high-value raw materi­als used in the electronics industries and in other hi-tech applications. Discovered in 2010, ‘Ngualla’ is one of the largest and highest grade REMs deposits in the world. The company’s 2014 Prefeasibility Study indicates a maiden ore reserve in excess of 20 million tonnes, containing almost 1 million tonnes of rare earth oxides. The large, high grade and low radioactivity nature of the deposit, that can be mined through open pit operations and processed on site over a period of more than 50 years, should result in a low cost, low risk and highly profitable project. The company expects first production in 2017. (See www.peakresources.co.au for further details).

Tougher mining taxation terms agreed
It was reported in October that AngloGold Ashanti and Geita Gold Mine were the first companies to sign a new, tougher tax deal for mining companies – which for several years have been thought to be enjoying too generous a fiscal treatment. In 2008 President Kikwete ordered a review of mining company taxation and appointed a presidential committee to advise the government on necessary changes. The new deal reflects the committee’s recommendations and replaces the earlier Mining Development Agreement (MDA). The new terms are tougher for the companies in four respects. First, royalty will now be levied at the rate of 4% of the gross value of mineral production (instead of 3% of net profit), though the rate will be increased to 5% for gemstones. Second, the 15% VAT waiver has been scrapped. Third, the fee that mining companies pay for services they receive in the mining areas – the Service Levy – has been increased, from the previous flat rate of $200,000 to 0.3% of mine turnover. Fourth, the additional capital allowance of 15% that mining companies could claim in their tax computations under pre-2001 MDAs has also been abolished. When signing these new deals, Minister Muhongo said that Tanzanians were right to complain that the country was not profiting as much as it should from mining and that the situation had now changed. He estimated that Geita district in Mwanza region, for example, would now receive $1.8 million annually in Service Levy to fund development needs, up from $200,000 currently. It is understood that company executives expressed themselves “comfortable” with the changes.

Stamico to take over four mines
The Tanzanian government has decided to take over four mining operations which larger mining companies consider to be unprofitable. The mines will be run by the State Mining Company (Stamico) – a state-owned enterprise established in 1972 – through a newly established subsidiary. In an exclusive interview to The Citizen on 1 September, the Deputy Minister for Energy and Minerals, Stephen Masele, named the mines as: Biharamulo Gold mine (formerly owned by African Barrick Gold); Buckreef Gold Mine in Geita Region; Tanzanite One; and Kiwira coal. Masele said that these mines would be beneficial to Stamico and make significant contributions to state coffers. He cited the Biharamulo Gold Mine (formerly known as Tulawaka) – which has about 100,000 ounces of gold left to mine, on which Stamico can make a profit of TSh 7 billion during the next three years but for which a mining giant like ABG finds the operating costs unduly high. Buckreef is now processing an Environmental Impact Assessment and mining license, whilst Tanzanite One and Kiwira coal are both still operational (the latter with expansion plans).

ENERGY & MINERALS

by Roger Nellist

Statoil’s new discovery boosts Tanzania’s gas reserves
On 19 June Statoil announced its sixth gas discovery offshore Tanzania in Block 2, which it operates with ExxonMobil on behalf of the Tanzania Petroleum Development Corporation (TPDC). Lying under 2,360 metres of water, this new gas find (named Piri-1) adds 2-3 trillion cubic feet (tcf) of gas to the known volumes in-place in Block 2, which now total 20 tcf. In July, reporting second quarter corporate results, Statoil’s Norwegian HQ said that Piri-1 is the world’s largest gas discovery during 2014 to date. Statoil-ExxonMobil will be drilling several additional wells in their Block this year and next.

During the Second Tanzania Oil and Gas Suppliers Conference in June, TPDC confirmed that the country’s natural gas deposits are now estimated at 50 tcf. A total of 17 companies are operating 25 licences on behalf of TPDC under Production Sharing Agreements (PSAs).

Gas pipeline nearing completion
In July, marking the 50th anniversary of the establishment of China-Tanzania diplomatic relations, TPDC announced that construction of the 542 kilometre onshore and offshore gas pipeline from Mtwara via Songo Songo to Kinyerezi (Dar), as well as the associated facilities (two gas processing plants, 16 safety stations, staff housing, flood control, water wells), is more than 90% complete. The 36-inch diameter pipeline comprises 47,000 welded pipe sections.

The construction work is being undertaken by three Chinese companies and is financed by a US$ 1.25 billion loan to Tanzania from China’s EXIM Bank (carrying 33 year maturity and 2% interest rate). It is the EXIM Bank’s largest single contract in Africa. TPDC owns the pipeline, which should be completed by December; live testing is scheduled for January 2015 and commercial commissioning for June 2015.

This huge investment is expected to be “transformational” for Tanzania – delivering a more reliable electricity supply, relieving current power shortages and saving about US$ 800 million annually on oil imports. It will also lay a solid foundation for Tanzania’s energy sector restructuring and industrialisation, boosting GOT tax revenue and promoting wider social development. During the construction phase about 2,000 local jobs have been created. Once the gas reaches Dar, it is anticipated that in addition to large-scale power generation more than 30,000 houses, hotels, factories and other businesses in the city will be connected and supplied directly with gas, as well as 8,000 cars converted to run on CNG (compressed natural gas) under a project costing US$ 76 million over three years. In a pilot phase, 70 houses and 53 cars are already being supplied in the Mikocheni area.

Big challenges for LNG exports
In March British companies Ophir and British Gas (BG), along with the other gas discoverers Statoil and ExxonMobil, signed a Memorandum of Understanding (MOU) with the Tanzanian government to construct an LNG plant in southern Tanzania. The plant will be fed by gas from the companies’ discoveries in Blocks 1, 2, 3, and 4 and is estimated to cost between US$ 30 and 40 billion.

Out of a possible 30 sites identified for the onshore LNG plant, the companies have opted for Likongo–Mchinga in Lindi. However, this location is likely to upset Mtwara region, where the long gas pipeline to Dar originates and where the government had promised earlier that the plant would be built to enhance the region’s development. Also, the plant and an associated industrial park requires a large area of land (a 6,800-acre site is suggested) over which there may be title disputes. Although the companies could still use Mtwara as the supply base, it is feared that these two problems could delay the project significantly. The MOU gives the government responsibility for securing the land and clarifies on compensation to affected local communities.

Independently, in an interview to Reuters in June, Royal Dutch Shell’s Director of Projects and Technology, Matthias Bichsel, cautioned that only a fraction of the world’s anticipated natural gas export projects will materialise – because of high and rising development costs, low profit margins and new producers flooding world markets with gas. Against this background some analysts believe that the Tanzanian and Mozambique LNG projects will struggle to find the necessary financing and that costly production delays are likely. Bichsel described the Tanzanian and Mozambique LNG development schedules as “somewhat ambitious since all infrastructure there has to be built from scratch”.

Two ongoing controversies
Petroleum and mining operations are often controversial, and those in Tanzania are no exception. Whilst the Statoil-ExxonMobil offshore drilling has been highly successful (with a 100% drilling success rate), there has been recent criticism by parliamentarians and commentators about some of the terms in the gas PSA that these companies concluded with the government and TPDC in February 2012. In June a copy of their signed contract was leaked and circulated in social media. The criticism – first aired in Parliament by Opposition MP Zitto Kabwe – focuses on the companies’ obligation to supply gas to the domestic market as well as on the (perceived low) share of the profit gas that will accrue to TPDC and government. It is suggested that if gas production becomes as large as some sources indicate, government revenues will be hundreds of millions of dollars lower annually than what might have been expected. In a press release TPDC denied these claims.

These concerns are bolstering calls for a much larger local Tanzanian engagement and content in the country’s incipient gas industry, as well as greater transparency in the extractive sectors – particularly for the government to make public the PSAs it signs with each foreign oil and mining company. Whilst many governments – like Tanzania – do not publish their extractives contracts, the Swala PSA terms were made public as part of its recent share offering (see below). Addressing these concerns, in April, the Ministry of Energy and Minerals published a Draft Local Content Policy document, for public consultation.

Other petroleum sector news
Tanzania’s 4th Deep Offshore Licensing Round closed in May. Bids were received from the China National Offshore Oil Corporation; Russian Gazprom; two UAE companies (including one for Lake Tanganyika North); and Statoil & ExxonMobil. The bids are being evaluated and successful bidders will be invited to negotiate with the government and TPDC on the basis of Tanzania’s 2013 Model PSA, which contains stronger terms including higher royalty rates, and signature and production bonuses. The British High Commissioner to Tanzania, Dianna Melrose, cautioned that this tougher PSA may make Tanzania uncompetitive in the oil and gas exploration business and scare away potential investors.

In June Australian explorer Swala Energy Ltd launched its first shares offer to Tanzanians, selling 9.6 million Ordinary Shares in its Tanzanian subsidiary in order to fund further exploration work in its Pangani and Kilosa-Kilombero license area and to enhance Tanzanians’ participation in the growing petroleum business. Priced at Tsh 500 each, and expecting to raise Tsh 4.8 billion, this was the first such offering in the oil and gas business in East Africa.

Troubles at African Barrick Gold
Meanwhile, serious allegations continue to be made against African Barrick Gold (ABG) for its alleged use of excessive force in handling the large numbers of local village intruders who enter its North Mara gold mine (Tanzania’s largest), reportedly to steal gold-bearing rocks and other property. Tanzanian police and security staff contracted by ABG are accused of shooting dead 16 trespassers and injuring another 11 over the last six years. ABG is the British subsidiary of Canadian Barrick Gold, the world’s largest gold company, and is now facing a case in the UK High Court brought by 10 villagers. ABG vigorously refutes these claims. In July, after calls for the British government to intervene, three UK All-Party Parliamentary Groups (on Human Rights, Extractives and Tanzania) held a joint meeting to debate the issues. A number of responses were suggested, and the APPGs plan to hold a separate meeting with ABG.

Gold continues to be a major export. In the year ending March 2014 total gold exports from all Tanzanian mines amounted to US$1,750 million, constituting 37% of the value of the country’s total exports.

ENERGY & MINERALS

by Roger Nellist

New jobs in Tanzania’s gas industry
An early indication of the type of career opportunities that the emerging gas industry can offer professional Tanzanians was evident from major recruitment drives in February. The Tanzania Petroleum Development Corporation (TPDC) placed an 11 page advert in The Guardian on Sunday inviting applications for 226 new posts across 39 technical, managerial and administrative disciplines. Reflecting the offshore gas field locations and the expected onshore facilities, nearly three-quarters of these jobs (161) will be in Mtwara, with a handful shared with Songo Songo), and the remainder in Dar.

Mindful of regional interests and concerns, the BG Group (working with Ophir, Statoil and ExxonMobil in the south) also advertised for a Community Liaison Officer (CLO) in Tanzania. With progress on a potential large LNG project imminent, the CLO will build relationships with local stakeholders so that local concerns can be addressed before work is initiated.

Other recent petroleum developments
In January President Kikwete confirmed that the government will establish a special fund to receive a portion of revenues collected from natural gas production. The fund will be used to support national projects in other sectors, so that all Tanzanians can benefit directly from exploitation of the country’s gas. Similar sovereign wealth funds have been established by other resource-rich countries. Kikwete said Parliament will oversee the process, adding that the government is examining ways to sell TPDC shares to Tanzanians to ensure broader ownership and benefits.

The Australian company Swala Energy, which is prospecting for oil and gas in the Pangani basin and in the Kilosa-Kilombero area, has been in discussion with Tanzania’s financial authorities about floating shares on the Dar Stock Exchange. Swala is seeking to raise US $2 – 3 million from Tanzanian and other East African Community investors to fund further exploration work in its licence areas, where early results were encouraging.

In March, London-based Solo Oil confirmed the start of seismic surveys in its onshore south-eastern Tanzania licence area to determine future drilling locations. In 2012 its Ntorya-1 Well discovered “significant” reserves of gas-condensate. Solo has been seeking potential partners and expects to transport the gas through the pipeline now being built by the Chinese from Mtwara to Dar.

TANESCO troubles
Faced with large debts and increased demand for its services, TANESCO has threatened to disconnect defaulting customers. At end 2013 it was owed TSh233bn (about £90 million), of which more than half (TSh129bn) was owed by government institutions. In January 2014 TANESCO raised its tariff by 67% for domestic consumers, who will pay TSh100 per unit of electricity instead of TSh60. TANESCO has introduced a more effective procurement system to speed up customer power connections, for which applications have risen from 30,000 in 2006 to 143,000 now. It is also planning management changes to improve its service to the public and has also warned people to stop tarnishing its image through social media sites (there is much criticism of TANESCO providing almost TSh 1bn p.a. of electricity free to its staff).

In February the Parliamentary Committee on Energy and Minerals told TANESCO to inform people on the actual cost of installing electricity in rural areas under the Rural Energy Agency (REA) scheme. In some villages the uptake of the scheme has been low, partly because REA has been charging villagers for electricity poles, contrary to a government directive. During 2013/14 Parliament voted TSh 881bn for rural electrification projects. REA said that in the first phase 22,000 rural dwellers in 16 districts were connected and villages in a further 24 districts will be connected in a second phase starting this year.

Mineral mapping
In January, Energy and Minerals Minister Muhongo published the results of the latest high resolution airborne geophysical survey, indicating that 31 districts on the mainland have “plenty” of mineral reserves – specifically gold, diamonds, iron, nickel and copper. These surveys are an effective mineral prospecting tool and help the government meet its target of increasing mineral revenues to 10% of GDP by 2025. The surveys also assist land-use planning, environmental management, groundwater detection and animal conservation. A second phase survey will cover other districts.

ENERGY & MINERALS

Roger Nellist

National Natural Gas Policy
Against the background of huge natural gas discoveries since 2010, the Minister of Energy and Minerals, Prof. Muhongo, announced in October 2013 a National Natural Gas Policy. This has been formulated over the last two years through what the Minister described as “a thoroughly consultative process which we did transparently and involved road shows across 12 regions of the country”. The international oil and gas industry, development partners and other stakeholders were also engaged in the process.
The policy provides guidance to ensure that the benefits to Tanzania from the development of natural gas are maximized and contribute to the accelerated growth and socio-economic transformation of the country, including an improved quality of life for Tanzanians. It lays out a comprehensive framework to guide the development of the gas industry in the country, in the expectation that gas will contribute significantly to the goal of Tanzania becoming a middle-income country by 2025.

The policy document runs to 34 pages and has also been published in Kiswahili. It covers the legal, fiscal and institutional frameworks for development of the gas sector and addresses major issues such as: the provision and security of gas infrastructure; domestic gas utilisation, gas exports and gas pricing; management of the gas revenues; meet­ing the needs of local communities; capacity building and investor responsibilities; environment and safety; links with other strategic sectors; transparency; and regional and international co-operation. The concluding chapter highlights the roles of the many stakeholders in the Tanzanian gas industry.

Petroleum Licensing
Also in October, President Kikwete launched the much-delayed Fourth Petroleum Licensing Round – inviting the oil and gas industry to apply for seven offshore deep-water blocks and for Lake Tanganyika North (which is onshore). Investors must bid by May 2014.

It is understood that two further license blocks have been reserved for the government, and the Tanzania Petroleum Development Corporation (TPDC) is seeking partners in a separate process. Successful bidders will negotiate Production Sharing Agreements (PSAs) with government and the TPDC. Negotiations proceed on the basis of the Petroleum Law and the Model PSA (recently revamped to provide for tougher terms for investors). The Ministry of Energy and Minerals expects the PSAs to be concluded by September 2014 – which some commentators think is too optimistic.

Lack of Tanzanian commercial involvement in the petroleum sector
Commercial involvement of Tanzanians in the natural resource sector remains a highly sensitive issue. President Kikwete stressed that the new Gas Policy (see above) will ensure that the future of the lucrative but capital-intensive industry will be in the hands of locals. He stated that under the Fourth Licensing Round Tanzania’s national interest is “more than safeguarded with TPDC as our representative”, adding that the PSAs with foreign oil and gas companies will not repeat the mistakes made in some mining sector agreements.

However, whilst acknowledging that the PSAs are good, the chairman of the Chief Executive Officers Round Table, Ali Mufuruki, called for the Tanzanian private sector to be more involved commercially in the potentially lucrative gas subsector – and that TPDC alone should not be left to represent Tanzania in such a big business. He criticised Muhungo’s Ministry for undermining the local private sector – and pointed to the need to learn lessons from successful petroleum economies like Norway and Malaysia.

There had been calls from the Tanzania Private Sector Foundation, NGOs and the opposition party Chadema for the current licensing round to be postponed and for exploration blocks to be reserved for Tanzanians.

MINING & ENERGY

by Roger Nellist

Tanzania in the wider African context
Recent Tanzanian mining developments were included at the Africa Mining Summit convened by the Commonwealth Business Council in London on 25-26 June 2013, although the country was not represented at Ministerial level. Ministers from other leading African mining countries – notably Cameroon, Ghana, Kenya, Rwanda, South Sudan and Zambia – shared their experiences and highlighted recent policy approaches to mineral development in their countries.

Recurring themes at the summit were (a) increased acceptance of greater transparency in mining sector operations, driven in part by the Extractives Industry Transparency Initiative (of which Tanzania is a member); and (b) the emergence across the continent of various forms of “resource nationalism” – of which the most common are the need to maximise national value-add from the minerals produced and also to ensure that local communities where the mining operations take place derive specific, identifiable benefits. These themes for mining also ring true for oil and gas operations (see TA 105 on Tanzania’s offshore gas developments).

In a presentation at the summit by IntierraRMG, Tanzania was bench-marked against other African mineral-producing countries, confirming that the country is a significant minerals player, especially in gold. In recent years Tanzania has ranked 3rd in the African annual gold production league, producing significantly less than South Africa and Ghana but a little more than Mali, Burkina Faso, Guinea, Zimbabwe and others. Tanzania also ranked 3rd in 2011 and 2012 in the number of new gold prospects drilled across the continent – which will help sustain the country’s gold production levels in future years. Tanzania’s Geita mine ranks 4th in the list of Africa’s top 10 gold mines.

Tanzania produces useful quantities of other minerals too; but in terms of the total value of all minerals produced, the country ranks only 11th out of the 28 African countries listed by IntierraRMG. South Africa dominates Africa’s minerals value list, with some US$60 billion of annual mineral production revenue, which dwarfs Tanzania’s US$2 billion, as well as Zambia’s US$7 billion (in second place in the African league table). Mozambique lies in third place (with about US$5.5 bil­lion) and Ghana is fourth with US$5 billion.

Gold (20%), coal (19%) and copper (9%) together accounted for almost half of total African mineral production revenue in 2012. Importantly, mineral prospecting and appraisal work last year enabled Tanzania to identify additional resources of each of these three key minerals, as well as other major metal and mineral resources, ensuring that the mineral sector has good potential to continue to contribute to the Tanzanian economy in the years ahead. (www.intierrarmg.com)

The Africa Mining Summit also demonstrated that the contribution of mining to economic and social development in Sub-Saharan Africa is under increased scrutiny and criticism. Minerals and petroleum are non-renewable resources, and unless the production gains are effi­ciently captured and invested by governments, the host countries could experience a net reduction in their national wealth.

Mineral taxation
In April 2013 the International Centre for Tax and Development (ICTD) published a paper entitled Low Government Revenue from the Mining Sector in Zambia and Tanzania: Fiscal Design, Technical Capacity or Political Will? Written by Olav Lundstøl, Gaël Raballand and Fuvya Nyirongo, it examines the impact of Tanzania’s mineral taxation regime on govern­ment (GOT) revenues over the last decade. This suggests that the GOT could have earned substantially more had it levied on an internationally competitive set of fiscal terms.

The authors illustrate the big turn-around in Tanzanian mining over the last 15 years, citing export statistics for gold, the country’s domi­nant mineral. The annual value of Tanzanian gold exports increased from just US$ 22 million in 1998 to US$ 2,200 million in 2011, reflecting a tenfold increase in the quantity produced and the large global price hike. However, government revenues from the mining sector have not risen correspondingly. The country’s mining tax regime during this period was basically an outcome of efforts to make the sector more attractive in the late 1990s, following decades of public ownership and stagnating levels of investment. In an attempt to address the perceived revenue imbalance, mining terms were tightened in 2004 and again in 2010 – though efforts to enhance revenue flows from existing mining operations were reportedly frustrated by fiscal stabilisation terms previ­ously agreed with the mining companies.

The ICTD paper compared mineral revenue-sharing between invest­ing companies and host governments in seven major mining countries worldwide, including Tanzania and Zambia, and then estimated the amount of mining revenue forgone by the government during the period 1998 – 2011 due to ‘ineffective mining revenue-sharing terms’. Noting that effective sharing of mineral benefits between companies and governments has been notoriously difficult to achieve, especially in Sub-Saharan Africa and certainly when compared with petroleum operations, the authors found that if Tanzania had performed as well as the best mining countries in the comparative benchmarking sample, the government might have collected an extra US$ 1 billion of tax rev­enue from large mining operations over the period 1998 – 2011. Total revenues might then have been US$ 1,831 million instead of the US$ 776 million it is understood the GOT earned. This would have been an increase of 136%, or very roughly US$ 75 million extra per year. (Zambia performed much worse, with a discrepancy of almost 300%).

The ICTD paper also examined the composition of the GOT’s mining revenues. Company data from the most recent Tanzanian Extractive Industries Transparency Initiative (TEITI) reports for 2008/9 and 2009/10 showed that six mines dominated the large-scale mining sector, all pre­dominantly in gold. These accounted for 85-90% of the audited export of gold from Tanzania as well as the majority of the direct investment, pro­curement and employment in the large-scale mining sector . However, ICTD’s analysis of these TEITI reports found that profit-based corporate tax made a very modest contribution to mining revenue, despite 5-10 years of operations under the current mine owners and a global mineral super cycle since 2005/6. Gross value-based corporate taxes, together with employee-based taxes, dominate the tax revenue collected from the mining sector. As is common in other mineral producing countries, certain fiscal exemptions are part of the mining regime, though the government is now trying to minimise their use. (For full text, see http:// www.ictd.ac/sites/default/files/ICTD%20WP9.pdf)

Electricity: The US “Power Africa” Initiative
On 2 July 2013, in the presence of President Kikwete, President Obama delivered a speech at the Ubungo Symbion Power Plant in Dar es Salaam. Drawing attention to the fact that nearly 70% of Africans lack access to electricity, a major obstacle to economic and social develop­ment, Obama profiled a major new initiative – “Power Africa” – that he had announced in Cape Town a few days earlier. Power Africa prom­ises to double access to electricity in Africa, as a first step bringing elec­tricity to 20 million homes and businesses. It will do this by matching public and private resources with projects led by six African countries that are committed to energy reforms, including Tanzania. The US is committing $7 billion in support of this new initiative and private sector companies have already committed more than $9 billion.

Obama cited the Ubungo plant as a model for replication across the continent: ”This facility was idle. But the Tanzanian government, under President Kikwete’s leadership, committed to making reforms in the energy sector. With support from the Millennium Challenge grant, General Electric, and Symbion, they got it up and running again. More Tanzanians got electricity”.

Obama appealed for a sense of urgency in African energy reform effort. One of the things he had learned from the business roundtable during his visit was that “if we are going to electrify Africa, we’ve got to do it with more speed…. It’s hard to attract private-sector business if they feel as if their money is going to be tied up forever in uncertainty. So we want to focus on speed, but we also want to do it right. And the United States intends to be a strong partner in this process”.

EVEN MORE GAS DISCOVERED

Roger Nellist, the latest volunteer to join our panel of contributors reports as follows on an announcement by Statoil of their third big gas discovery offshore Tanzania:

On 18 March 2013 Statoil and its co-venturer ExxonMobil gave details of their third high-impact gas discovery in licence Block 2 in a year. The new discovery (known as Tangawizi-1) is located 10 kilometres from their first two discoveries (Lavani and Zafarani) made in 2012, and is located in water depth of 2,300 metres. The consortium will drill further wells later this year.

The Tangawizi-1 discovery brings the estimated total volume of natural gas in-place in Block 2 to between 15 and 17 trillion cubic feet (Tcf). Depending on reservoir characteristics and field development plans, this could result in recoverable gas volumes in the range of 10-13 Tcf from just this one Block. These are large reserves by international stand­ards. By comparison, Tanzania’s first gas field at Songo Songo island has volumes of about 1 Tcf.

Statoil has been in Tanzania since 2007 and has an office in Dar es Salaam. It operates the licence on Block 2 on behalf of the Tanzania Petroleum Development Corporation (TPDC) and has a 65% working interest, with ExxonMobil Exploration and Production Tanzania Limited holding the remaining 35%. It is understood that under the Production Sharing Agreement that governs the operations, TPDC has the right to a 10% working participation interest in case of a development phase.

Commenting on the Tangawizi-1 announcement, the Tanzanian Minister for Energy and Minerals, Hon. Professor Sospeter Muhongo, said “The Tanzania Government is pleased to learn about additional gas resources discovered in Block 2 and remains optimistic on future developments”.
The Block 2 discoveries complement other recent gas discoveries made by the BG Group. The investors and the Government have both domes­tic gas utilisation and large-scale exports in mind.

For more information see: http://www.statoil.com/en/NewsAndMedia/ News/2013/Pages/18Mar_Tanzania.aspx

Map showing the Block 2 Licensing Area and locations of the gas discoveries Source: Statoil

Map showing the Block 2 Licensing Area and locations of the gas discoveries Source: Statoil


Great expectations

In February Samuel Kamndaya, the Citizen’s Business Editor, published some very useful background. Extracts:

‘Come 2023, natural gas will contribute up to 35% of the total market value of officially recognised final goods and services produced in Tanzania, analysts say. But that will happen only after companies that are prospecting for natural gas in the deep sea south of Tanzania get enough finds to attract investors into developing a Liquefied Natural Gas (LNG) facility for dissolving the hydrocarbon product for an export market. Getting to that stage, analysts caution, requires a great deal of patience, commitment, predictability and information sharing among key stakeholders–including the government, investors and wananchi, considering the massive investment required to realise the dream.
“You need a great deal of time, expertise and investment before bring­ing such a project to fruition,” said the BG Tanzania head of policy and corporate affairs, Fred Kibodya. “Developing an LNG project requires a massive investment of not less than $15 billion in the region.” His Statoil Tanzania counterpart, Ms Genevieve Kasanga, puts the estimated investment in setting up an LPG project in the region of $20 billion.

Tanzania’s GDP now stands at $23 billion. A 35% contribution to GDP, at the current rates, translates into an input of $8.1 billion. This is close to Tanzania’s entire budget of TShs 15.1 trillion (about $9.5 billion) for the current financial year. Agriculture contributes about 24% to Tanzania’s GDP and tourism comes second with a contribution of about 17%. If the country’s current economic growth projection of 6.5% is sustained, and a clear linkage is built between natural gas and the manufacturing and agriculture sectors, Tanzania should graduate into a middle income country.

“The fact that natural gas may bring economic fortunes to Tanzania can in no way be underestimated,” says Prof Humphrey Moshi of the University of Dar es Salaam. “But we should not expect wonders if there is no linkage between the sector and other dynamic sectors such as industries and agriculture.”

But Mtwara is not happy
The prospect of sending the gas by pipeline to Dar es Salaam for use by new industries there has caused considerable upset in Mtwara. People there want new industrial plants to be built in Mtwara, where the gas will come ashore, rather than in Dar es Salaam. There have been violent demonstrations in Mtwara, reportedly supported by Mtwara Urban CCM MP Hasnain Murji.

In early February, the Citizen quoted Mr Murji, who has publicly differed with the position of his party on transporting gas to Dar es Salaam, as calling for a Select Committee to probe controversies sur­rounding the matter. He asked for the Speaker’s directive on why Parliament had failed to form a committee as had been agreed earlier. House chairperson, Mrs Jenister Muhagama, said nothing could be done because the Speaker, Ms Anne Makinda, had already ruled on the matter. Parliament eventually dropped the idea of forming a select-committee because it was satisfied with the Prime Minister’s handling of the matter.

BIG NEW GAS DISCOVERY

Map of Tanzania oil/gas exploration zones (source Heritage Oil plc)

Tanzania is in the midst of a vast programme of energy development aimed at putting an end to the country’s repeated cuts in supply of electricity (see TA 101). And in March 2012 there was some very good news for Tanzanians:

BG Group announced a significant gas discovery from its Jodari-1 exploration well in Block 1, located approximately 39 km offshore southern Tanzania and in a water depth of 1,150 m. Their evaluation suggested gas reserves in the range of 2.5 to 4.4 trillion cubic feet (tcf). When combined with their previous discoveries (Chaza-1 in Block 1, and the Chewa-1 and Pweza-1 discoveries in Block 4), total gas reserves are estimated at up to 7 tcf. The gas was found in rock formed during the Oligocene epoch between 23 million and 34 million years ago; the same age of rock in which huge gas reserves were discovered recently off Mozambique by an American investor.

The partnership between BG Group (60% and operator) and Ophir Energy (40%) has had exploration successes in all four wells drilled so far in Tanzania, and their next target for drilling is the Mzia-1 location, about 23 kilometres to the north of Jodari-1.

BG Group is a world leader in natural gas, with a strategy focused on connecting competitively priced resources to specific, high-value markets. Active in more than 25 countries on five continents, BG Group claims that it combines a deep understanding of gas markets with a proven track record in finding and commercialising reserves. The Group emphasises however that the figures above are all forward-looking estimates and, as such, they are only predictions. Actual results may differ materially.

Ophir Energy is a conglomerate in which Indian Steel magnate Lakshmi Metal holds 14% of the shares, the hedge fund Och-Ziff (10%), the Polish millionaire Jan Kulkzic (10.6%), plus Tokyo Sexwale, the South African tycoon who was jailed with Nelson Mandela on Robben Island. Ophir’s chief executive Nick Cooper commented that Jodari 1 is the biggest discovery in the company’s history. Reacting to this exciting news, Ophir’s stock market valuation rose substantially on the London Stock Exchange.

Biomass fuels
Biomass-based fuels, namely firewood, charcoal and bio-residues, still dominate the energy balance in Tanzania, accounting for about 90 percent of the primary energy supply. About 42 million cubic metres of wood were consumed in Tanzania in 1999, of which 26 million cubic metres were consumed in rural areas as firewood and 14 million cubic metres in the urban areas mainly as charcoal. The fuel is used predominantly for household cooking and heating.

It is estimated that around 40,000 bags of charcoal enter Dar es Salaam city daily and a comparable amount enters the other major Tanzanian towns, a combined total consumption of around 2,650 tonnes each day. Wood and charcoal are technically renewable fuels with near zero net carbon emissions, since the amount of carbon dioxide emitted when they are burnt is equivalent to the amount of carbon dioxide absorbed when they were growing. However, their uncontrolled use is leading to deforestation and accompanying environmental problems such as soil erosion, and also to urban air quality problems. A forestry expert with Tanzania’s Natural Resources and Tourism Ministry, Stephen Bandoma, said charcoal use could be reduced if there were alternative energy such as natural gas and solar power. However, he added, “Many ordinary people cannot afford alternative energy and instead end up using charcoal. Few people can afford to buy Liquefied Petroleum Gas (LPG) when the price of a cylinder has risen from TShs 20,000 two years ago to TShs 50,000.”

Energy efficient stoves manufacturered by TaTEDO (Lundgren - UNEP)


One way of improving the situation would be to make cooking stoves more efficient, and TaTEDO (Centre for Sustainable Modern Energy Expertise) among others have been promoting more energy efficient stoves for nearly two decades with modest success.

Alternative energy
Since 2006, the UN Environment Programme (UNEP) has worked hard to raise awareness of alternative sources of energy. Their programme refers to a range of technologies, including solar-powered fridges for storing vaccines, road surfacing material made out of molasses, ships powered by the sun and grease-consuming bacteria.

A recent World Bank credit of $22.88 million includes funds for a study on the implementation of small hydropower projects in rural areas and capital subsidies to bring down the cost of energy. Investment opportunities exist for developing hydropower dams, solar photovoltaic systems and biomass based electricity co-generation in sugar, wood, and tea factories to provide electricity.

The rural energy projects developed with the help of the Bank will ultimately be owned and implemented largely by the private sector, NGOs and conservation initiatives, largely independent of the national utility, Tanzania Electric Supply Company Ltd (Tanesco). Nationally, total installed generation capacity is 1,219 MW, of which hydropower comprises 561 MW (46%) (Kidatu, Kihansi, Mtera, Pangani, Hale, and Nyumba ya Mungu) and thermal (gas and diesel) 658 MW (54%).

Warning on biofuel production
East African Cooperation Minister Samuel Sitta has revealed that the government is in the process of formulating a new policy on bio-energy production. He warned against growing bio-fuel products on vast lands without adequate research, saying that bio-energy production competes with food production and they do not complement each other. Sitta also cautioned that if precautions were not taken, production of bio-energy would turn villagers into labourers. The idea that government should direct more efforts to the production of jatropha was still theoretical. Special emphasis must be given to food production.

Business as Usual
The international oil firm Puma Energy, who took over BP’s operations in Tanzania in 2010, is planning a new $11 million investment to ensure sufficient oil and petroleum supply for domestic and industrial use. Maregesi Manyama explained to TA that the investment would be for construction of additional fuel storage tanks, re-branding retail and commercial sites and improving automation loading facilities.

Thanks to Judie and Thomas Mwarabu for sending a number of news items relating to energy from the Guardian. Other information from www.tatedo.org

AMBITIOUS PLANS TO END ENERGY CRISIS

The East African and other media outlets have been reporting on the ambitious new investment plans being drawn up which should fairly soon see a dramatic improvement in production of energy – and hopefully an end to the energy crisis.

In what African Report described as the largest ever single Chinese investment in Tanzania, an agreement worth $3 billion (about TShs 4.8 trillion) has been signed to develop the Mchuchuma coal and Liganga iron ore projects (The Citizen). The NDC will hold a 20% stake with the Chinese firm holding the remaining 80%. The projects will be implemented in two phases – the first phase will entail laying the groundwork at Mchuchuma and eventual mining of coal to be used in generating electricity, while the second phase will involve exploration and extraction of iron ore from Liganga.

Symbion is set to supply 205 MW to the national power grid in support of the government’s emergency power plan. Under the firm’s expansion plan, Symbion would import more than 205 MW of generating equipment, adding new power to the grid incrementally from October, and the full 205 MW capacity will be available to Tanesco by the end of the year (The Guardian).

The country has borrowed $63.4 million from the Export Import Bank of Korea which will help to build a power transmission line which will link future sources of electricity in the south of Tanzania with the north of the country.

Plans are being drawn up for a huge 2,100 MW new electricity plant at Stiegler’s Gorge in the Rufiji River Basin. It will be built using Brazilian technology and will be developed by Brazil’s Odebrecht company.

A Norwegian power engineering company has signed an agreement for a 100 MW turnkey project at Ubungu (using natural gas) in Dar and another at Nyakato near Mwanza (using heavy fuel oil). Finance totalling $530 million is coming from HSBC in Norway to support 15% from the government. Power is due to be switched on by June 2012.

Tanzania has also secured a $250 million dollar loan from a consortium of local and global financial institutions, including the Standard Bank of South Africa, to fund rural roads and production of electricity.

Finally, Tanzania has signed production sharing agreements ($75 million) with two oil companies to explore for oil and gas at Lake Rukwa and Nyuni East Songo Songo.

The blame
Rice farmers in the Ruaha River Basin have been blamed for the ongoing power crisis. The principal engineer at the Mtera Dam has claimed that uncontrolled rice farming is behind the decreased water flow into the dam.

Judie and Thomas Mwarabu have sent us the following weather warning published by the Tanzania Meteorological Agency (TMA) in Mwananchi in September which was partially vindicated by a week of early and heavy rain in mid-October:

TMA predicted that several areas of the country could face serious disasters such as floods, soil erosion and major damage to the infrastructure and environment during the short rains (vuli) between October and December. Other areas, which would not suffer from the effects of flooding, are expected to be faced with food shortages and perhaps famine due to insufficient rainfall. TMA has for the first time not only published this information in a highly professional way, but has also made clear which areas are threatened and gone on to make recommendations to deal with them. The government was advised to prepare itself thoroughly by designing strategies and creating new ways of protecting the economy of the country, by putting pressure on the Disasters Corps to ensure the preparation of sufficient and up-to-date supplies of all kinds, including air, road and waterborne transport, tents, blankets, medicines and rescue equipment.

People complain that Tanzania has repeatedly suffered from such disasters but they come again and again because the government has not learned from them.

The Tanesco monopoly on power production might be abolished, according to a report in Tanzania Daima. The government was said to have plans to amend current electricity laws to allow private companies to produce and supply. Minister of Finance Mustapha Mkulo said that “Currently we have power producers who remain with excess energy but they cannot sell it on to neighbouring communities. The new amendments will allow them mechanisms to sell it”.

The dependence of energy supplies on rainfall was demonstrated once again by the following report (slightly abridged) from The Guardian of 7th October before the very heavy rains mentioned above. By early October, hydropower generation at the major dams, Mtera and Kidatu, had been drastically reduced as water levels dwindled even further, President Kikwete admitted. This was after the President was informed that the Kidatu plant, with a capacity to generate 200 megawatts, was producing only 40 MW and the Mtera plant was generating only 30 MW while it has the capacity to produce 80 MW. The Kihansi plant was producing 90 MW against 180 MW, Nyumba ya Mungu 3.5 MW against 8 MW and New Pangani 20 MW against 68 MW. The country was relying on electricity from Songas – generating 182 MW, Ubungo 100 MW, Tegeta 45 MW and Symbion 70 MW.

NEW MINING BILL PASSED

Parliament passed the new Mining Bill following heated debate in the National Assembly in April. Prime Minister Mizengo Pinda, Attorney General, Frederick Werema, and Minister for Energy and Minerals William Ngeleja, had to hear hours of critical contributions by MP’s. The Citizen reported that CHADEMA MP Zitto Kabwe, Speaker Samuel Sitta, newly nominated Zanzibar CUF MP Ismail Jussa, and Bumbuli CCM MP William Shelukindo were among those who kept the front bench on its toes, constantly seeking clarification on issues.

The MPs took issue with the inadequate compensation paid to villagers whose land is acquired for mining and also called for more transparency in operations in the industry. Some 84 MPs contributed to the Bill which became the most debated Bill during the 19th parliamentary session.

The Bill provides for:
– the setting up of a new Mining Authority
– the government to effectively manage and supervise the sector
– five year reviews of mining contracts
– setting aside specific areas for small-scale miners to avert conflicts between artisanal miners and big mining companies.
– gemstones to be processed locally; foreigners wishing to mine gemstones will be required to enter into joint ventures with locals.

The Africa Report (No 23 of 23.06.10) commented that this Bill marked an attempt to increase government revenue and ease fierce public hostility towards foreign mining companies. New investors in Tanzania’s mining sector will now be charged 4% rather than 3% royalties for precious and base metals (gross rather than net); they will have to list on the Dar es Salaam Stock Exchange; and, the government will have a stake in any new mining project. Gemstone companies will have to be at least 50% Tanzanian.

The proposed changes are expected to raise mining revenue from $57m in 2009 to $110m in 2010.