Speaking Energy

On September 17, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Inquiry (NOI) seeking comments on “potential risks to the bulk electric system posed by using equipment and services produced or provided by entities identified as risks to national security.”¹ The NOI focuses on certain entities that have been designated as risks to national security (“Covered Companies”)² that are owned, controlled or otherwise connected to China and “other nation-state adversaries.”³

We are pleased to share a recording of Akin Gump’s recent webinar, “Tumultuous Markets Part 2: Mitigating Risk in International Energy, Construction and Private Equity.”

(Houston) – Akin Gump is pleased to announce it has released its “2019 Energy Year in Review,” which examines the current state of the global energy market and highlights the energy matters with which the firm was involved last year across the following areas:

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:

(Houston) – Akin Gump is pleased to announce it has released its “2015 Energy Year in Review,” which examines the current state of the global energy market and highlights the energy matters with which the firm was involved last year in the following areas:

• M&A
• financial restructuring
• capital markets
• lending
• project development and project finance
• energy regulation, markets and enforcement
• energy litigation and international arbitration.

(Houston) – Lawyers at Akin Gump held a briefing on January 14, 2016, titled “The Global Energy Industry: A Look to the Year Ahead in 2016,” addressing some of the big issues likely to affect the global energy industry in the coming year. The event was held as an in-person briefing in the firm’s Houston and Washington, D.C. offices and as a webinar for participants around the world.

On January 16, 2016, the International Atomic Energy Agency (IAEA) verified, and U.S. Secretary of State John Kerry confirmed, that Iran had implemented its key nuclear-related measures described in the Joint Comprehensive Plan of Action (JCPOA or the “Agreement”). This event triggered “Implementation Day” under the Agreement, which commences the suspension and/or easing of U.N., U.S. and EU nuclear-related sanctions, and marks a historic milestone in the long-standing international sanctions against Iran. Still, a day after Implementation Day, the United States imposed additional sanctions on Iran over its ballistic missile program, which emphasizes the importance of navigating the remaining restrictions in connection with any contemplated Iran-related activities.

On January 16, 2016, the International Atomic Energy Agency (IAEA) verified, and U.S. Secretary of State Kerry confirmed, that Iran had implemented its key nuclear-related measures described in the Joint Comprehensive Plan of Action (JCPOA or the “Agreement”). This event triggered “Implementation Day” under the Agreement, which commences the suspension and/or easing of UN, U.S. and EU nuclear-related sanctions.

On July 14, 2015, Iran and the P5+1 countries (China, France, Germany, Russia, the United Kingdom and the United States), with the High Representative of the European Union for Foreign Affairs and Security Policy, finalized the Joint Comprehensive Plan of Action (JCPOA), a nuclear agreement that would grant Iran sanctions relief in exchange for implementing significant limitations on its nuclear program.

Under the agreement, Iran will be required to remove two-thirds of its uranium-enriching centrifuges and reduce its existing low-enriched uranium stockpiles by up to 98 percent, among other nuclear-related measures. President Obama emphasized Tuesday that the agreement, which is expected to freeze most of Iran’s nuclear efforts for a decade, is “not built on trust,” but “verification.” The International Atomic Energy Agency (IAEA) will monitor and verify Iran’s nuclear-related measures and inspect its facilities, including military sites. If any issues or disputes arise over Iran’s nuclear commitments, a joint commission, consisting of the P5+1 and Iran, will attempt to resolve the matter over a 30-day period. If unresolved after 30 days, the issue will be referred to the United Nations Security Council (UNSC), which will vote on whether to continue sanctions relief or re-impose sanctions on Iran.

In exchange, most European Union (EU) and U.N. sanctions against Iran will be lifted. The United States will generally remove sanctions that apply to non-U.S. persons. U.S. sanctions will continue to apply to non-U.S. entities owned or controlled by U.S. persons, but certain transactions by such entities may be licensed if they are consistent with the terms of the JCPOA. U.S. sanctions that apply to U.S. persons will largely remain in place, with the exception of a permissible licensing regime for the importation into the United States of Iranian carpets and foodstuff (including caviar and pistachios), and trade in civil aircraft and parts. In sum, Iran will still be subject to robust U.S. sanctions, but opportunities will exist for certain non-U.S., as well as U.S., companies in a limited number of industries.