Speaking Energy
As the energy industry continues to grow and change with new technologies, markets and resources, the Speaking Energy blog provides readers with key updates and insights.
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Last month over 35,000 participants attended the Gastech 2019 Conference, the world’s largest gas and LNG conference, in Houston, Texas. Members of
Akin Gump Strauss Hauer & Feld LLP’s global energy and transactions team attended Gastech and wanted to share the following observations:
Akin Gump Strauss Hauer & Feld LLP’s global energy and transactions team attended Gastech and wanted to share the following observations:
Speaking Energy
This Practice Note (i) considers what is meant by “structure” in the context of a project finance transaction and identifies key issues that inform the approach
to structuring a project finance transaction, and (ii) looks closely at the Azura Edo independent power project in Nigeria (“Azura Edo IPP”) as a case study to
help identify and explain a number of recent and innovative project finance structuring solutions that have been successfully implemented in order to
overcome certain identified risks and challenges.
to structuring a project finance transaction, and (ii) looks closely at the Azura Edo independent power project in Nigeria (“Azura Edo IPP”) as a case study to
help identify and explain a number of recent and innovative project finance structuring solutions that have been successfully implemented in order to
overcome certain identified risks and challenges.
Speaking Energy
On August 21, 2017, Power Africa published its 2017 Annual Report highlighting more than 80 Power Africa transactions closed and more than $14.5 billion in
financings since its inception. Overall, it has facilitated the financial close of power transactions expected to generate more than 7,200 MW of power in
sub-Saharan Africa and generated more than $500 million in U.S. exports. The report demonstrates how Power Africa, and the recently passed Electrify
Africa Act, continues to create opportunities for American businesses in Africa as it proceeds toward its goals of increasing installed generation capacity by
30,000 MW and adding 60 million new electricity connections by 2030 on the continent. These developments are important, since interested investors
continue to seek access to the $300 billion energy market in sub-Saharan Africa and tap into the demand for an additional 20,000 megawatts in the region.
financings since its inception. Overall, it has facilitated the financial close of power transactions expected to generate more than 7,200 MW of power in
sub-Saharan Africa and generated more than $500 million in U.S. exports. The report demonstrates how Power Africa, and the recently passed Electrify
Africa Act, continues to create opportunities for American businesses in Africa as it proceeds toward its goals of increasing installed generation capacity by
30,000 MW and adding 60 million new electricity connections by 2030 on the continent. These developments are important, since interested investors
continue to seek access to the $300 billion energy market in sub-Saharan Africa and tap into the demand for an additional 20,000 megawatts in the region.
Speaking Energy
From August 4-6, President Obama will host approximately 45 leaders from across the African continent in Washington, D.C., for a three-day U.S.-Africa
Leaders Summit (the “Summit”). This is the first such event of its kind and is the largest event any U.S. President has held with African heads of state and
government. The Summit is intended to advance the administration’s focus on power and investment in Africa. As such, the Summit will focus heavily on the
administration’s new Power Africa initiative, as well as the renewal of the African Growth and Opportunity Act (AGOA). These initiatives and pending Power
Africa legislation, including the Electrify Africa Act and the Energize Africa Act, are of importance to anyone looking to invest in Africa in the future.
Leaders Summit (the “Summit”). This is the first such event of its kind and is the largest event any U.S. President has held with African heads of state and
government. The Summit is intended to advance the administration’s focus on power and investment in Africa. As such, the Summit will focus heavily on the
administration’s new Power Africa initiative, as well as the renewal of the African Growth and Opportunity Act (AGOA). These initiatives and pending Power
Africa legislation, including the Electrify Africa Act and the Energize Africa Act, are of importance to anyone looking to invest in Africa in the future.
Speaking Energy
Last week, the U.S. House of Representatives passed the Electrify Africa Act of 2014, approving a plan to bring power to over 50 million Africans and further
open the door for U.S. investors in the continent's development and growth. The Electrify Africa Act, which mirrors many aspects of the Power Africa initiative
unveiled last year by President Obama, aims to make government-backed credit more accessible to the private sector in order to deliver access to energy for
more than 50 million people in sub-Saharan Africa. This important development could help interested investors access a $300 billion energy market in
sub-Saharan Africa and tap into the demand for an additional 20,000 megawatts in the region.
open the door for U.S. investors in the continent's development and growth. The Electrify Africa Act, which mirrors many aspects of the Power Africa initiative
unveiled last year by President Obama, aims to make government-backed credit more accessible to the private sector in order to deliver access to energy for
more than 50 million people in sub-Saharan Africa. This important development could help interested investors access a $300 billion energy market in
sub-Saharan Africa and tap into the demand for an additional 20,000 megawatts in the region.
Speaking Energy
On February 27, 2014, the House Committee on Foreign Affairs passed H.R. 2548, the Electrify Africa Act, to improve access to electricity in sub-Saharan
Africa, through a comprehensive U.S. government approach to electricity projects in the region. The bipartisan legislation would establish a U.S. strategy to
support affordable, reliable electricity in sub-Saharan Africa in order to improve economic growth, health and education in Africa, while helping job creation in
the United States through greater exports. The main purpose of the Electrify Africa Act is to make government-backed credit more accessible to the private
sector in order to deliver access to energy for more than 50 million people in sub-Saharan Africa. This important development could help interested investors
access a $300 billion energy market in sub-Saharan Africa and tap into the demand for an additional 20,000 megawatts in the region.
Africa, through a comprehensive U.S. government approach to electricity projects in the region. The bipartisan legislation would establish a U.S. strategy to
support affordable, reliable electricity in sub-Saharan Africa in order to improve economic growth, health and education in Africa, while helping job creation in
the United States through greater exports. The main purpose of the Electrify Africa Act is to make government-backed credit more accessible to the private
sector in order to deliver access to energy for more than 50 million people in sub-Saharan Africa. This important development could help interested investors
access a $300 billion energy market in sub-Saharan Africa and tap into the demand for an additional 20,000 megawatts in the region.
Speaking Energy
A sluggish economy, a desire to cut back on the use of coal-powered electricity, and a worldwide focus on new oil and gas recovery techniques have pushed
the South African government to take steps toward diversifying its energy industry and developing its natural resources using best practices from around the
world. This week, the South African Department of Mineral Resources took a step towards achieving this goal. Oil and gas E&P activity in South Africa is fairly
limited, as evidenced by the fact that the country relies on imports to meet nearly 95 percent of its crude oil requirements, according to the South African
Department of Energy.1 This situation, however, is not due to a complete lack of resources. Exxon Mobil Corp.; Royal Dutch Shell Plc and the South African,
state-owned PetroSA have interests in the mostly undeveloped 15 million barrels of proven oil reserves located in the south of the country and in varied
waters offshore.2 With the vast majority of South Africa’s energy needs being covered by locally produced coal (28% of which is exported), incentives to de...
the South African government to take steps toward diversifying its energy industry and developing its natural resources using best practices from around the
world. This week, the South African Department of Mineral Resources took a step towards achieving this goal. Oil and gas E&P activity in South Africa is fairly
limited, as evidenced by the fact that the country relies on imports to meet nearly 95 percent of its crude oil requirements, according to the South African
Department of Energy.1 This situation, however, is not due to a complete lack of resources. Exxon Mobil Corp.; Royal Dutch Shell Plc and the South African,
state-owned PetroSA have interests in the mostly undeveloped 15 million barrels of proven oil reserves located in the south of the country and in varied
waters offshore.2 With the vast majority of South Africa’s energy needs being covered by locally produced coal (28% of which is exported), incentives to de...
Speaking Energy
On June 14, 2013, the High Court in London ruled that Heritage should pay Tullow Oil c.$313 million under the terms of a tax indemnity relating to the 2010
transaction that saw it acquire Heritage oil licenses in Lake Albert, Uganda. The litigation centered on Heritage’s Ugandan capital gains tax (“CGT”) liability
arising from that transaction. Heritage realized c.$1.45 billion from the sale and the Ugandan government raised a CGT assessment of c.$434 million,
calculated as broadly 30 percent of the transaction value. Heritage disagreed with the amount and paid the Ugandan government only $121.5 million,
departing Uganda shortly afterwards. Originally, the dispute was to be resolved by arbitration and $283 million of the purchase price was placed in escrow
pending the conclusion of the dispute. In addition, Heritage paid $121 million to the Ugandan government as a ‘refundable deposit,’ to be returned should the
arbitration go in their favor.
transaction that saw it acquire Heritage oil licenses in Lake Albert, Uganda. The litigation centered on Heritage’s Ugandan capital gains tax (“CGT”) liability
arising from that transaction. Heritage realized c.$1.45 billion from the sale and the Ugandan government raised a CGT assessment of c.$434 million,
calculated as broadly 30 percent of the transaction value. Heritage disagreed with the amount and paid the Ugandan government only $121.5 million,
departing Uganda shortly afterwards. Originally, the dispute was to be resolved by arbitration and $283 million of the purchase price was placed in escrow
pending the conclusion of the dispute. In addition, Heritage paid $121 million to the Ugandan government as a ‘refundable deposit,’ to be returned should the
arbitration go in their favor.