2006-2009 triennium work report programme committee d:...

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1 2006-2009 Triennium Work Report October 2009 PROGRAMME COMMITTEE D: LNG Chair: Seiichi Uchino Japan STUDY GROUP 2 Group Leader : Dr. Boyoung Kim Korea Gas Corporation Republic of Korea

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Page 1: 2006-2009 Triennium Work Report PROGRAMME COMMITTEE D: LNGmembers.igu.org/html/wgc2009/committee/PGCD/PGCD... · LNG’s Dahej LNG terminal, located in the north western coastal state

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2006-2009 Triennium Work Report

October 2009

PROGRAMME COMMITTEE D: LNG

Chair: Seiichi Uchino

Japan

STUDY GROUP 2

Group Leader : Dr. Boyoung Kim Korea Gas Corporation

Republic of Korea

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Summary

The topic for 2006~2009 research was “LNG contract clauses for more flexible global LNG market” and this

topic is in line with the previous topic that was undertaken during 2003~2006 Triennium “LNG spot market”.

The goal of our study is to demonstrate that modifications in the terms of current contract clauses can

contribute to establishing a more flexible global LNG market and that this could provide a win-win strategy for

both buyers and sellers. .

In order to achieve such objectives we have selected 5 key topics for our study. These key topics are: 1)

price formulae and indexation mechanisms ; 2) duration, terms and extension ; 3) volume flexibility ; 4)

Incoterms clauses ; and 5) destination and diversion clauses.

However, it should be made clear that since our study group has participants from both sellers and buyers,

the inputs reflects the different opinions from our members and the outcomes will be depend on how the

interests of countries and corporations can be harmonized. Indeed a few suggestions to minimize the

perceived gaps are reflected on the report. We hope that readers of this report enjoy the adventure of finding

those clues listed in the text.

Résumé

Faisant suite au thème retenu pour le triennat t 2003-2006 “Le marché spot du GNL”, le sujet d’étude du

triennat 2006-2009 a été “Clauses contractuelles pour un marché du GNL plus flexible”. L’objectif est de

montrer que l’établissement d’un marché global du GNL plus flexible via la modification des clauses

contractuelles peut constituer une stratégie gagnant-gagnant pour l’acheteur et le vendeur.

A cette fin nous avons sélectionné 5 sujets majeurs sur lesquels nous avons ciblé notre analyse : 1) les

formules et mécanismes de prix ; 2) la durée des contrats et les possibilités d’extension ; 3) les souplesses

sur les volumes ; 4) les clauses Incoterm ; et 5) les clauses de destination et de détournement.

Je souhaite souligner que du fait de la composition de notre groupe de travail, auquel ont participé à la fois

des représentants des vendeurs et des acheteurs, des opinions différentes ont été exprimées, en fonction

des intérêts propres des pays et des compagnies. Le rapport contient toutefois diverses suggestions

susceptibles d’aider à combler ces différences. Nous espérons que les lecteurs de ce rapport apprécieront

de les retrouver au fil de leur lecture.

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Index Summary

Chapter 1. Introduction ....................................................................................................................... 5

Chapter 2 Perspectives of World LNG Market ................................................................................... 6 A. Asia Pacific Basin . ................................................................................................................. 6 B. Atlantic Basin . ...................................................................................................................... 14 C. Global LNG Market, New Hubs . .......................................................................................... 29

Chapter 3. LNG Contracts ................................................................................................................. 36 A. Factors to Make LNG Trading More Flexible ......... ............................................................. 36 B. Price Formula and Mechanisms . ......................................................................................... 37 C-1. Duration / Terms / Extention . ............................................................................................... 42 C-2. Duration / Terms / Extention . ............................................................................................... 44 D. Volume Flexibility . ................................................................................................................ 45 E. Incoterms . ............................................................................................................................ 48 F. Destination clauses / Diversion ............................................................................................ 54

Chapter 4. Conclusion .............................................................................................................. 60

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Chapter 1: Introduction For the Triennium 2003~2006, the research topic selected by our group was “LNG spot market”. In 2003,

when we first started the research, the spot volume of LNG was about 5%. However, the spot trading volume

share showed a significant increase to 20% by 2008. With that mentioned, we are proud that our report in

WGC 2006, Amsterdam, about the importance of the LNG spot market, was rather insightful. To be in line

with such view on the market, we have chosen “LNG contracts clauses for more flexible global LNG market”

as our research topic for 2006~2009. The topic was suggested taking into account that the current LNG

market, in which 80% of the trades are based heavily on 20-year plus long term contracts cannot secure its

position in the global market without reforming the current contract terms. With that in mind, we questioned

ourselves “Would there be a solution that can generate a win-win strategy for both buyer and seller?” and we

decided to spend the past 3 years analyzing the subject to find such solution.

However, there was a strong conflict between buyer’s and seller’s interests which arose from our first

meeting, held in Yokohama in September, 2006. As shown in the report, each of the items (� price formulae

and mechanisms � duration, term, extension � volume flexibility � Incoterms � destination clauses,

diversion) in chapter 4 ‘LNG contracts’ are described with parallel views from the buyer and the seller as they

could not be agreed by mutual understanding. Furthermore, different views were observed within a group of

sellers and also within a group of buyers representing various countries’ and corporation’s interests. For that

reason, we have decided to put all those ideas in the report rather than deriving a single understanding.

Readers might be confused with various ideas but that is the reality we are facing today.

A great achievement of our study group was that we were able to bring together both buyers and sellers to

share each other’s point of view on several sensitive matters of the LNG contracts during this 3-year period..

Although the members of the research group are not directly in charge of making deals, they were able to

share their ideas and indirectly benefit from it since they have clear understanding of their country’s and

corporation’s interests. Regretfully, we were only able to get together once or twice a year and such time

restriction has given us little opportunity to dedicate ourselves in melting various ideas into one mutual

understanding. However, further discussion and research are expected to be performed by the next research

group for the 2009~2012 Triennium in order to generate more conclusive results.

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Chapter 2: Perspectives of World LNG Market

A. Report for Asia Pacific Basin

Mr. Ahmad Marzuki Haji Ahmad, Petronas 1. Introduction

• Natural Gas In 2007, natural gas accounted for about 23.8% of the world’s primary energy consumption, with the Asia

Pacific region attributing to about 15.3% of the natural gas share of the primary energy consumption.

During the same year, about 70.6% of the world’ total natural gas consumption was met by domestic gas

with the remaining balance through imported pipeline gas and as LNG. LNG accounted for about 29.2% of

the total natural gas traded during the same year.

• Liquefied Natural Gas The Asia Pacific region continues to dominate LNG imports with traditional buyers namely, Japan, South

Korea and Taiwan together accounting for more than half of the total LNG imports year on year to date,

averaging at about 61% over the last four years since India received its first LNG cargo in 2004. The

emergence of India and China is expected to sustain the Asia Pacific region as the major LNG demand

centre. BY 2010 and 2015, the Asia Pacific region is projected to account for about 58.1% and 53.1% of the

world’s total LNG demand respectively.

On the supply side, the Asia Pacific region (the Middle East excluded) accounted for slightly more than one

third (~37.5%) of world’s total LNG supply of about 174 million tonnes in 2008, with supplies mostly

originating from Malaysia, Indonesia, Australia, Brunei and the US (Alaska). Russia via their Sakhalin II LNG

project has just emerged to become the latest Asia Pacific-based supplier this year. Located on the eastern

Sakhalin Province north of Japan’s Hokkaido Island, the project represents the Russian first foray into the

LNG exportation business industry, having been till now a dominant pipeline gas supplier to Europe. The

two-train Sakhalin II LNG project will add another 9.6 million tonnes to the current global LNG supply, raising

the current global production capacity to 185.9 million tonnes.

Asia Pacific is projected to account for about one third of the world’s total supply of 269.8 million tonnes in

2010 and 284.9 million tonnes in 2015 respectively, mainly to satisfy the energy hungry Asia Pacific

consuming countries and, the Pacific Rim (North and Central America) region in future.

LNG demand in the Asia Pacific region in 2007 reached 118.6 million tonnes, an increase of 6% over 2007.

Between 2000 and 2008, the average annual growth rate in LNG demand for the Asia Pacific region has

averaged around 6%. While Japan continues to dominate the global LNG importation scene, emerging

demands from India and China and other gas consuming countries like the United States (West Coast),

Mexico, Argentina, Indonesia and Thailand to name a few are expected to sustain the Asia Pacific position

as an important LNG demand centre. In 2008, both India and China accounted for about 18% of the region’s

total LNG imports, an increase from 9% recorded in 2007.. Of significant importance is the recent spot cargo

movement to India and China, that gave indication of these new emerging markets’ growing willingness to

accept global market-related LNG prices.

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2. New Markets

• INDIA

Natural Gas Demand Natural gas accounts for approximately 9% of India’s total primary energy mix. Its share is projected to

increase to 12.4% by 2020. In addition, natural gas consumption is forecasted to grow at annual rate of

16.2% through 2010, 7.1% annually between 2010 and 2015, and at a relatively slower rate of 3.5% annually

between 2015 and 2020. Total natural gas consumption in India is projected to reach 12.2 bscf/d by 2020.

Electricity generation currently accounts for the largest share of India’s natural gas consumption. In 2008,

electricity generation share of natural gas consumption was 32%. India’s overall electricity demand is

projected to grow at an average rate of 5% annually through 2015. Demand for natural gas in the power

generation sector is projected to grow from 1.7 billion standard cubic feet per day (bscf/d) in 2008 to 3.5

bscf/d by 2020, at a rate of 3.2% annually through 2015 and, 2.2% annually between 2015 and 2020.

Domestic gas primarily from offshore basins on the east coast will likely be used for power generation.

The fertilizer sector is the second-largest consumer of natural gas in India, accounting for 26% of the total

natural gas consumption in 2008. Gas is primarily consumed as a feedstock for urea production. Growth in

the fertilizer sector will be on account of new gas-based urea plants, as well as conversion of naphtha-based

plants to gas. Gas consumption in the fertilizer sector is projected to grow by 6% annually between 2008 and

2020.

Other consumers of natural gas in India include industrial users such as steel, petrochemical, glass and

ceramic industries, and electronic device manufacturers. Overall gas consumption in the industrial sector is

projected to grow from 1 bscf/d in 2008 to 2.9 bscf/d by 2020, and at a rate of 12% annually through 2015

and 5% annually between 2015 and 2020.

With developments in gas infrastructure, demand for natural gas in the city gas sector is expected to

increase from 0.2 bscf/d in 2008 to 1.2 bscf/d by 2020 and, at a rate of 15% annually until 2015 and 6% until

2020.

LNG Import Projects India’s foray into LNG importation began in 2004 with the commencement of operations of the Petronet

LNG’s Dahej LNG terminal, located in the north western coastal state of Gujarat. The Dahej LNG terminal

has a capacity 5 million tons per annum, and it has been recently expanded to 10 million tons per annum to

meet the increasing demand for gas around that region.

Gujarat is also host to the India’s second LNG import project. Located south of Dahej, the Hazira LNG

terminal was commissioned in 2005 with an initial capacity of 2.5 million tonnes per annum. With marginal

incremental investments in equipment, the terminal’s capacity can be enhanced to 5.0 million tonnes per

annum. Jointly owned by Shell and TOTAL, the Hazira terminal operates on a merchant basis, hence has no

long-term LNG supply arrangements.

In 2008, India imported about 8.6 million tonnes of LNG, an increase of about 11% over 2007, driven by

strong demand in the industrial and residential sectors and substitution for naphtha in fertilizer production. In

2007 alone, India purchased 46 cargoes on the spot market primarily from Qatar, Nigeria, and Algeria. LNG

demand in India is projected to almost double to 11.9 million tonnes per annum by 2015 and almost tripled to

20.7 million tonnes per annum by 2020.

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• CHINA Natural Gas Demand China plays a major role in shaping Asia Pacific’s primary energy consumption, and its energy consumption

has been primarily dominated by coal due to large coal reserves available in China.

In 2008, China’s primary energy consumption grew by 6.7%, dominated 70% by coal, followed by oil (19%),

hydroelectric (5%), natural gas (3%) and the rest to nuclear. China’s primary energy consumption is

expected to continue to grow at an average annual growth rate (AAGR) of 9.5% between 2008 and 2020.

Although coal and oil are expected to remain as the largest contributors to China’s energy mix, natural gas is

expected to emerge as one of the new major contributors to the growth in China’s energy consumption in the

years to come, amidst the increasing concern for the environment.

Gas demand in China has traditionally been constrained by domestic production levels and the fragmented

nature of the existing gas pipeline infrastructure. Most of China’s indigenous gas production is consumed

locally at a regional level, but the completion of the West-East pipeline has facilitated growth and enabled

indigenous production to be transported to demand centres in eastern China. Nevertheless, additional

imported volumes will be required to keep pace with the anticipated demand growth in China’s gas market.

LNG imports began in 2006 and are expected to continue to increase until 2020, filling the gap between

indigenous supply and demand.

Higher gas demand for power and residential and commercial sectors, as well as improved gas infrastructure

have supported the rise of China’s natural gas share of the primary energy mix from 2.2% in 1990 to 3.3% in

2008. It is also worth mentioning that China’s natural gas use has increased significantly by 42% from 2006

to 2008. Industrial sector currently tops the usage of natural gas in China with 36% share, followed by 31%

from residential and commercial and 16% from power generation. Although the industrial use of gas is

largest at present due to a wide usage of natural gas as feed for fertilizer plants, the growth in power and

residential and commercial sectors are expected to outpace demand growth in the industrial sector by 2020.

An AAGR of 13% and 9% are forecasted in the power and residential and commercial sectors respectively

by 2020. LNG Import Projects With Guangdong LNG and Fujian LNG terminals in operation, China’s available total LNG it add another 3.0

MTPA, followed by another 6.5 million tonnes when both the Dalian and Rudong LNG import projects is

completed by 2011 and 2012 respectively. New capacity is expected to be added via expansion of the

existing LNG terminals as well as development of new ones.

Supply-wise, China has secured several long term LNG supply agreements for their LNG regasification

terminals namely, from Australian North West Shelf LNG for Guangdong LNG, Indonesian Tangguh LNG for

Fujian LNG, Malaysian MLNG Tiga for Shanghai LNG and Qatargas 4 for Dalian LNG. The supply of LNG to

Guangdong, Fujian and Shanghai is in line with China’s plan to use gas for specific gas-fired power stations

in operations and being developed to reduce its dependency on oil in the power generation sector.

The above are two of the significant demand markets that have emerged in the new millennium. Let us now

look at the new players that have also emerged in the regions and that are expected to significantly

contribute to the regional LNG supply/demand scenario.

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SINGAPORE Natural Gas Demand

Singapore’s current natural gas demand is relatively small at less than 800 mmcfd. Demand for natural gas

is expected to grow as more power plants switch feedstock from fuel oil to natural gas. Overall natural gas

demand is expected to be driven by the power generation and industrial sectors.

With no indigenous natural gas supplies, Singapore relies on natural gas imported via pipelines from

Malaysia and Indonesia.

LNG Import Projects In 2006, the Singaporean Government decided to proceed with plans to import LNG, as a means of

enhancing energy security by diversifying natural gas supply sources. The project is being developed by

Singapore’s gas and power regulator, the Energy Market Authority (EMA). Pursuant to the signing of an LNG

Terminal Agreement in April 2008, the EMA announced that PowerGas, a subsidiary of the Singapore Power

Group, will develop the LNG regasification facility.

The proposed 3.0 MTPA facility will be located on Jurang Island and is expected to commence operations in

2012. Initially, the terminal will accept between 0.8-1.2 MTPA of LNG, and will ramp up to 3 MTPA by 2018.

Capacity may be expanded to 6 MTPA in the future. Powergas has selected the newly-merged GDF SUEZ

as its joint venture partner to build and operate the terminal, whereby GDF SUEZ will hold a 30-percent

share in the project.

On the marketing front, the EMA has appointed BG Group as aggregator of the Singaporean LNG market.

BG will be responsible for sourcing and supplying LNG to the terminal for 20 years.

THAILAND

Natural Gas Demand Current natural gas consumption in Thailand is approximately 4,000 mmcfd. Indigenous supplies from the

Gulf of Thailand account for the majority of Thailand’s natural gas supplies, while imports via pipelines from

Myanmar account for 25%. Natural gas is used to produce 80% of the country’s electricity. The power

generation sector is forecasted to drive natural gas demand in Thailand.

LNG Import Projects In a move to diversify the country’s natural gas supply portfolio and reduce dependency on neighbouring

countries, the Thai government has announced their intention to import LNG. Construction of Thailand’s first

LNG regasification terminal began in February 2008. The 5.0 MTPA import project is located within the Map

Ta Phut industrial port in Rayong Province. The facility, to be operated by PTT LNG Company (a subsidiary

of PTT), is expected to commence commercial operations in 2011.

The majority of the LNG imported into the terminal is intended to serve a dedicated new power generation

facility to supply electricity to the Map Ta Phut industrial complex whilst the remaining gas will be sent to the

PTT gas pipeline network.

Plans are in place to expand the LNG regasification facility in two additional phases. The expansion would

double the capacity to 10.0 MTPA. However any future expansion of the facility is subject to approval and

also dependant on the success of the first phase.

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PAKISTAN Natural Gas Demand In 2008 Pakistan natural gas demand reached nearly 4 bcfd. Power generation and industries account for

75% of the country’s demand while a large residential and commercial consumer base, circa 5 million

residential and commercial consumers account for 17% of the gas demand. Demand for natural gas has

been growing around 7% per annum and is expected to reach 7 bcfd by 2025, but it is currently constrained

by lack of supply. A growing number of power plants are currently running on fuel oil. Information from

Pakistan’s Ministry of Oil suggests an existing gap of 700 mmcfd which may increase to 2.2 bcfd by 2015

even taking into account new anticipated domestic supply. The Government has announced plans to import

gas from Iran via pipeline and has launched an LNG import scheme, the Mashal LNG project.

LNG Import Projects In 2006, the Government of Pakistan nominated SSGC (Sui Southern Gas Company) as the facilitator for

the establishment of a 3.5 million mtpa LNG import and regasification project to be located in the vicinity of

Karachi, the Mashal LNG project. To date SSGC have evaluated proposals from several bidders and have

issued a letter of Support to one of the potential project developers to progress formal project award. Due to

time constraints the project will initially be developed as a floating regas facility which can upgraded in the

future to a land based terminal. The proposed facility is expected to be commissioned by 2011-2012.

3. New Suppliers

• RUSSIA Russia plays a significant role in the world natural gas trade. Russia holds the positions as the world’s largest

proved natural gas reserves at 1529 TCF (23.4% share), the world’s largest natural gas producer at 58.1

TCF (19.6% share), as well as the world’s largest natural gas exporter at 5.4 TCF (26.3% share) by end of

2008.

In 2007, Russia’s primary energy consumption grew by a nominal 0.6% with natural gas contribution to the

growth at 57.1%, oil at 18.2%, coal at 13.7% coal, hydroelectric at 5.9%, and the rest is nuclear. Due to low

domestic tariffs, Russia’s natural gas demand is largely driven by gas-fired power plants, and power

generation is likely to remain as an important contributor to the growth of natural gas demand.

Russia’s natural gas industry remains dominated by Gazprom, although the company’s share of total

Russian gas production has declined steadily from 94% of Russia’s total gas output in 1998 to 85% in 2007.

Historically, Gazprom has focused on massive low cost resources gas fields, all combined accounted for

approximately 52% of Gazprom’s production in 2005. As productions from these fields are expected to

decline by 30% by 2010 and 65% by 2020, Gazprom has taken steps to move towards higher cost and more

complex upstream projects to boost its production.

Independent gas producers such as Novatek, Rospan, ArcticGaz, and Northgaz are also likely to play a

growing role in meeting Russia’s export targets. It is projected that most of Russia’s natural gas production

growth between 2008 and 2030 will be contributed by independent gas producers.

Aside from concerns that Russia may use its position as an energy supplier for political purposes, there is

also mounting concern about Russia’s ability to meet, or to a greater extent, expand its current export

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commitments. Despite Russia’s potential as an energy supplier, Russian natural gas production has been

affected by the slow pace of project development and further delays in new investments.

The experience regarding Russian production has raised concerns among European policy makers that

future Russian production may not allow Gazprom to meet its contractual commitments. Growth in Russia’s

domestic gas demand could also threaten the stability of export supplies to Europe. If new gas fields are not

brought on line after 2010, there are concerns about supply shortage during the winter season.

Although domestic price reform would reduce domestic demand growth, declining production coupled with

even modest growth could make it more difficult for Gazprom to meet its contractual obligations with its

current developed gas projects. Hence, Russia has made bold moves in bidding to secure whole gas exports

from Libya and Azerbaijan to address their supply ability over contractual commitments.

• IRAN Iran has the world’s second largest oil and gas reserves in the world, with 137.6 billion barrels of oil and 1046

trillion cubic feet of gas in proven reserves by end of 2008. As one of the leading members of the

Organisation of Petroleum Exporting Countries (OPEC), progress in monetizing its resources as a major oil

and gas producer has been dampened by internal and external challenges.

Iran’s natural gas is being monetized as pipeline gas and proposed LNG projects. While several contracts for

pipeline gas supply to neighbouring countries located around the Caspian region are in service and

concluded, a few others negotiations are being suspended due to disagreements on a variety of commercial

terms of supply.

Three LNG exportation projects are being promoted and pursued with various international investors

comprising national and international oil companies. Each project comprising two trains of 5.0 to 8.0 million

tonnes per annum of liquefaction capacity is at various stages of project reality. Gas supply for these projects

will be sourced from the South Pars gas field. This gas field is part of a single huge non-associated gas field

that straddles between two countries - the South Pars gas field (~463 TCF) on Iran’s side of the border and

the North Dome gas field (~900 TCF) on Qatar’ side.

1) Iran LNG (2 x 5 MTPA):

• NIGEC (49%), the Pension Fund Organization (50%), and the Pension Fund Investment

Organization (1%);

• Signed MOU with OMV (Austria) for a 10% share in the liquefaction plant;

• Start-up: ~ 2015.

2) Pars LNG (2 x 5 MTPA):

o NIOC (50%), TOTAL (40%), and PETRONAS (10%);

o FID is expected in 2009;

o TOTAL and PETRONAS underwrites LNG off-take from Train 1, with India, Thailand, and

China as possible markets for Train 2;

3) Persian LNG (2 x 8.1MTPA)

• NIOC (50%), Shell (25%), and Repsol YPF (25%).

• FID targeted for 2009/2010.

• Shell and Repsol to purchase output from Train 1.

Despite the huge gas reserves and signing several LNG supply commitments with a number of LNG buyers

these proposed projects have been experiencing continuous postponement mostly due to financing of

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projects and technology constraints. These are attributable to the prevailing geo-political scenario that is

limiting project promoter access to the essential technologies to support their projects whilst forcing some

potential partners to inevitably review their investment policies.

Amidst the period of project cost escalation, the geo-political situation is also hindering Iran’s efforts to attract

and secure foreign direct investments as many reputable international financial institutions had reviewed

their investment strategy.

• PERU The Peru LNG - a joint venture LNG export project being developed by Hunt Oil (USA), Repsol YPF (Spain),

SK Energy (South Korea) and Marubeni Corporation (Japan) - is anticipated to commence operations in the

first half of 2010. Launched in January 2007, the project is considered as one of the most important

resources of the country’s future energy strategy. It also represents the government largest industrial

projects ever to be undertaken in the country.

The project is being developed as a single train facility with a production capacity of 4.4 million tonnes per

annum, which will be fed by natural gas transported from the Camisea gas fields in Chinquintirca in the

mountains around Ayacucho in central Peru to the LNG Plant at Pampa Melchorita on the coast. The 408 km

natural gas transportation pipeline will cross 22 districts before reaching the plant site.

LNG produced from this project has been purchased by Spanish Repsol YPF under an 18 years sale and

purchase agreement.

AUSTRALIA

Since it joined the club of LNG exporting countries as the sixth LNG exporter vis-à-vis the North West Shelf

LNG project in 1989, Australia has remained one of the key LNG suppliers for the region.

Located on the Burrup Peninsula in northwest Australia, the NWS LNG project commenced operations with a

three-train 7.5 MTPA total production capacity. The project has since increased its production capacity to

16.3 MTPA with the recent commencement of production of its Train 5 module last September 2008, which

was completed ahead of schedule.

The Darwin LNG project is the second of the many LNG exportation projects being promoted and pursued

for development in Australia. The 3.2 MTPA Darwin LNG commenced production in 2006 and boosted

Australian supply position to 19.5 MTPA, with most of the volume produced form these two projects destined

for Asia Pacific.

The third project expected to elevate Australia as one of the region’s leading LNG suppliers is the

Woodside’s Pluto LNG Project. Kansai Electric and Tokyo Gas have each purchased a 5% share, with

Woodside retaining the remaining equity shareholding in the project. To be constructed adjacent to the

existing North West Shelf LNG project, the 4.3 MTPA Pluto LNG project will further raised Australia’s LNG

export capacity to 23.8 MTPA by end 2010.

In addition to the abovementioned projects, a few other conventional-based LNG projects are being

promoted and pursued along the northern half of the Australian coast namely, Gorgon LNG, Ichthys LNG,

Browse LNG, Scarborough LNG, Greater Sunrise LNG, and Wheatstone LNG. If some of these projects

come to reality, it will eventually transform Australia, not only as the leading LNG player in this region, but

also a significant global LNG exporter over next decade or so.

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The sedate coal industry has since been excited with the recent flurry of joint venture partnerships pursuing

the development of non-conventional LNG projects that is, the monetization of coal seam gas (or coal bed

methane) into LNG. Five separate joint ventures have been established namely, the Santos-PETRONAS

Gladstone LNG (GLNG), Queensland Gas Co.-BG Queensland Curtis LNG, Arrow-Shell Gladstone LNG,

Sunshine Gas Limited-Sojitz Corporation Sun LNG, LNG Impel Southern Cross LNG, all located within the

Australian eastern seaboard province of Gladstone.

These projects together could potentially add about 10.0 MTPA of LNG supply to the regional market during

their initial phase of the project. There are also plans to increase the production capacity for some of the

projects, subject to viable project economics.

Australia has since been the third largest of the region’s four LNG suppliers after Indonesia, Malaysia, and

Brunei. The reality of projects as mentioned above could easily catapult Australia as the region’s major LNG

supplier, easily contributing about 30.0 MTPA minimum of LNG to the market.

LNG Storage Facilities/Hubs Since its establishment, the global LNG industry business landscape has evolved and become more

complex, diverse, and competitive. An expanding feature of the industry is the "Brand LNG" business that

began in the 1990s. Essentially, Brand LNG is LNG that is produced anywhere and sold anywhere this

business is the key driver of the LNG spot trade.

The Brand LNG business has been promoted by many of the well known LNG industry players namely Shell,

BP, BG, ExxonMobil, Total, ENI and Gazprom. Others include Japanese trading companies such as Mitsui

Co. and Mitsubishi Corp and utility companies like Gaz de France, Snam of Italy as well as Osaka Gas. With

some flexibility or no restrictions on the sources and/or the destinations, this business leverages on the

ability of the company involved to source from its portfolio as well as to market and deliver the LNG. The

introduction of diversion clauses in LNG contracts further enhanced the Brand LNG business model.

The Brand LNG business also inspired the development of a new LNG hub located in the Middle East. The

Dubai LNG storage hub (DLSH), a project promoted by the Canadian LNG Impel and the Dubai Multi

Commodities Centre joint venture, intends to create a physical settlement point for LNG trading, making it the

third spot gas trading point, in addition to Henry Hub and NBP. To be completed in three phases between

2011 and 2013 the DHSL will provide numerous services namely LNG storage and LNG loan services, LNG

blending to meet Btu requirements as well as services to aid in force majeure situations.

The Asia Pacific region is also expected to be equally serviced by a similar project. Singapore has recently

embarked on a plan to initially develop and construct an LNG importation terminal project on Jurong Island

with plans to increase the terminal storage capacity.

In view of the expanding LNG business and trade dynamics especially the spot LNG trade, these facilities

are expected to serve as strategic LNG storage hubs to serve the increasing demand for LNG. Targeted

mainly for buyers, especially those with long term contracts, these facilities provide these buyers a

marketplace to procure cargoes at competitive prices, hence allowing them the opportunity to maximize

purchases during the cheaper months and store what they need for later.

The effectiveness of these facilities to accommodate the increasing regional need for readily available LNG cargoes will depend on how well the region’s traditional LNG suppliers are able to manage and ensure sufficient supply to meet their basic contractual LNG supply obligations and beyond.

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B. Reprot for Atlantic Basin

Mr. Gregorio Morales, Stream Abstract

The LNG market has evolved from being one in which few players dominated both supply and demand, to one

in which technology and energy diversification has enabled new countries and companies to get into the game.

New liquefaction and regasification projects and terminals can be seen on both sides of the Atlantic,

contributing to price liquidity in LNG and natural gas markets.

How will the massive new liquefaction capacity coming on stream in the next months get along with the

demand downturn?

Will the current financial crunch curb the LNG market, scare investors? We face several months if not years of

uncertainty, and we need to be able to predict as close as possible to reality, how will the Atlantic Basin

situation evolve.

1. Where we come from – 2004 Situation

1.1. Liquefaction and Regas Capacity in the Atlantic Basin

From the figure below (Figure 1), we can observe that up to 2004 the Atlantic Basin market was

very focused on the European market and especially on Spain, with only 4 terminals working in the

US under an interruptible regime (no downstream commitment, except for Everett).

On the liquefaction side there were only 4 producers in the Atlantic Basin dominated by Algeria.

Also, volumes from Middle East (Qatar, Oman) were supplying LNG to Europe. Pacific Basin

volumes arrived rarely to the Atlantic on a spot basis.

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Source: Stream. Figure 1: “Liquefaction and Regas Capacity in the Atlantic Basin, by end 2004”

1.2. Gas Prices

During the period 2000-2004 the main driver for prices was Henry Hub (HH) since the US market was

flexible enough to absorb volumes on a spot basis if price-differentials (Figure2) were attractive

enough for European and Asiatic players.

Source: Stream. Figure 2: “Brent and Gas indexes evolution, 2000-2004”.

Regas Capacity

Liquefaction Capacity

T&T

0

10

20

30

40

50

60

0

2

4

6

8

10

12

dic - 99 jun - 00 jan - 01 jul - 01 feb-02 sep-02 mar-03 oct-03 apr - 04 nov- 04

$/Bbl

$/MMBtu

Brent and Gas Indexes Evolution 2000 - 2004

NBP Nymex Brent

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2. Starting Point – Today‘s Situation

2.1. Liquefaction and Regas Capacity in the Atlantic Basin:

From the figure below (Figure 3), we can observe that the Atlantic Basin market has grown

significantly mainly in the American continent and in the UK.

On the liquefaction side 3 new producers entered the market in the Atlantic Basin, and Algeria lost

their dominant position in favor of a more diversified portfolio of suppliers.

The Atlantic Basin and the Middle East Producers (Qatar, Oman) have provided the Pacific Basin

during the 2004-2008 period with the needed flexibility to cover shortages of LNG and the Atlantic

Basin is now providing the needed flexibility to place excess volumes from the DQT’s and demand

downturn.

Regas Capacity

Liquefaction Capacity

T&T

Equatorial Guinea

Source: Stream.

Figure 3: “Liquefaction and Regas Capacity in the Atlantic Basin, by end 2008”.

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2.2. LNG Demand in the Atlantic Basin (mtpa, 2004-2008)

0,0 

10,0 

20,0 

30,0 

40,0 

50,0 

60,0 

70,0 

2004  2005  2006  2007  2008 

mmtpa

North America

Latin America

Europe

Source: WoodMackenzie – Feb’09. Figure 4: “LNG demand for Europe, Latin America and North America, 2004-2008”.

0,0 10,0 20,0 30,0 

40,0 50,0 60,0 70,0 80,0 90,0 

100,0 110,0 120,0 130,0 140,0 

150,0 160,0 170,0 180,0 190,0 

2004  2005  2006  2007  2008 

mmtpa

World Total

Atlatic Basin Total 

Source: WoodMackenzie – Feb’09. Figure 5: “LNG demand. Atlantic Basin vs. World Total, 2004-2008”.

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2.3. Effective Liquefaction Capacity (mtpa, 2004-2008)

Source: WoodMackenzie – Feb’09. Figure 6: “Effective Liquefaction Capacity, Atlantic Basin vs. World Total, 2004-2008”.

Source: WoodMackenzie – Feb’09. Figure 7: “Atlantic Basin suppliers’ Effective Liquefaction Capacity, 2004-2008”.

0,0 

10,0 

20,0 

30,0 

40,0 

50,0 

60,0 

70,0 

2004  2005  2006  2007  2008 

mmtpa

Trinidad

Norway

Nigeria

Equatorial Guinea

Angola

Egypt

Libya

Algeria

0,0 10,0 20,0 30,0 40,0 50,0 60,0 70,0 80,0 90,0 100,0 110,0 120,0 130,0 140,0 150,0 160,0 170,0 180,0 190,0 200,0 

2004  2005  2006  2007  2008 

mmtpa

World Total

Atlatic Basin Total 

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2.4. Prices

During the period 2005-2008 HH has not been the only price driver for the LNG market. Since the

European markets have gained liquidity thanks to rising number of participants and transparency,

through the liberalization processes, European price indexes have evolved to being a new price

driver equivalent or even more referenced than Henry Hub.

The unbalanced supply/demand scenario in the Asian market has introduced a new marginal price

based on the “Asian anxiety”. New supplies to the US have provided an enormous flexibility to satisfy

the Asian needs.

Source: Stream.

Figure 8: “Brent and Gas indexes evolution, 2005-2008”.

3. Where are we heading to?

3.1. Word Economic Outlook – IMF – January 28, 2009

[…] The world economy is facing a deep downturn. Global growth in 2009 is expected to fall to ½ percent

when measured in terms of purchasing power parity and to turn negative when measured in terms of market

0

20

40

60

80

100

120

140

160

0

2

4

6

8

10

12

14

16

18

nov -04 may -05 dec-05 jul-06 jan -07 aug-07 feb-08 sep-08

$/Bbl

$/MMBtu

Brent and Gas Indexes Evolution 2005- 2008

NBP Nymex Brent

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exchange rates. Helped by continued efforts to ease credit strains as well as expansionary fiscal and

monetary policies, the global economy is projected to experience a gradual recovery in 2010, with growth

picking up to 3 percent. However, the outlook is highly uncertain, and the timing and pace of the recovery

depend critically on strong policy actions. […]

Figure 9: “Percentage change on GDP growth since 1970”.

Financial markets remain under stress. Financial market conditions remain extremely difficult for a longer

period than envisaged by the IMF in the November 2008, despite wide-ranging policy measures to provide

additional capital and reduce credit risks. As economic prospects have deteriorated, equity markets in both

advanced and emerging economies have made little or no gains. Currency markets have been volatile.

Financial markets are expected to remain strained during 2009. […]

Figure 10: “Growth in Global Industrial Production and Merchandise Trade since 1997”.

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Global output and trade plummeted in the final months of 2008. The continuation of the financial crisis,

as policies failed to dispel uncertainty, has caused asset values to fall sharply across advanced and

emerging economies, decreasing household wealth and thereby putting downward pressure on consumer

demand. In addition, the associated high level of uncertainty has prompted households and businesses to

postpone expenditures, reducing demand for consumer and capital goods. At the same time, widespread

disruptions in credit are constraining household spending and curtailing production and trade. […] Anemic global growth has reversed the commodity price boom. The slump in global demand has led to

a collapse in commodity prices (Figure 4). Despite production cutbacks and geopolitical tensions, oil prices

have declined by over 60 percent since their peak in July 2008, although they remain higher in real terms

than during the 1990s. The IMF’s baseline petroleum price projection has been revised down to $50 a barrel

for 2009 and $60 a barrel for 2010 (from $68 and $78, respectively, in the November WEO Update), and

risks to this projection are on the downside. Metals and food prices have also been marked down in line with

recent developments. These price declines have dampened growth prospects for a number of commodity-

exporting economies. […]

Figure 11: “Real Commodity Prices since 1980”.

3.2. New Liquefaction and Regas Capacity in the Atlantic Basin, by end 2012

The floating regasification technology will have an important role on the Atlantic Basin LNG demand

projects. 4 new floating terminals are expected to come on stream in the next few years, boosting

the regasification capacity in the Atlantic Basin. This will enable to satisfy the demand of areas like

South America, which is gaining importance on the global picture, as we can see on figure 13.

Europe terminals are gaining importance, with the hope of local governments of diversifying their

energy portfolio.

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On figure 12 we can observe how new liquefaction players are entering the market. None of the new

liquefaction projects are under construction (only Angola), and only some of them have FID taken

(the last FID to be published was Angola’s project).

Source: Stream. Figure 12: “Liquefaction and Regas Capacity in the Atlantic Basin, by end 2012”.

3.3. LNG Demand (mtpa, 2008-2012)

0,0 

10,0 

20,0 

30,0 

40,0 

50,0 

60,0 

70,0 

80,0 

90,0 

100,0 

110,0 

120,0 

2008  2009  2010  2011  2012  2013 

mmtpa

North America

Latin America

Europe

Source: WoodMackenzie – Feb’09.

Figure 13: “LNG demand for Europe, Latin America and North America, 2008-2013”.

New Regas Capacity

New Liquefaction Capacity

Freeport, Sabine & Cameron

South Africa?

Kuwait

Reloading Terminals

Zeebrugge

Croatia

Croatia

Netherlands

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0,0 10,0 20,0 30,0 40,0 50,0 60,0 70,0 80,0 90,0 100,0 110,0 120,0 130,0 140,0 150,0 160,0 170,0 180,0 190,0 200,0 210,0 220,0 230,0 240,0 250,0 260,0 270,0 280,0 290,0 

2008  2009  2010  2011  2012  2013 

mmtpa

World Total

Atlatic Basin Total 

Source: WoodMackenzie – Feb’09. Figure 14: “LNG demand. Atlantic Basin vs. World Total, 2008-2013”.

3.4. Effective Liquefaction Capacity in the Atlantic Basin (mtpa, 2008-2012)

Source: WoodMackenzie – Feb’09. Figure 16: “Atlantic Basin suppliers’ Effective Liquefaction Capacity, 2008-2013”.

0,0 

10,0 

20,0 

30,0 

40,0 

50,0 

60,0 

70,0 

80,0 

90,0 

100,0 

2008  2009  2010  2011  2012  2013 

mmtpa

Trinidad

Norway

Nigeria

Equatorial Guinea

Angola

Egypt

Libya

Algeria

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0,0 10,0 20,0 30,0 40,0 50,0 60,0 70,0 80,0 90,0 100,0 110,0 120,0 130,0 140,0 150,0 160,0 170,0 180,0 190,0 200,0 210,0 220,0 230,0 240,0 250,0 260,0 270,0 280,0 290,0 300,0 

2008  2009  2010  2011  2012  2013 

mmtpa

World Total

Atlatic Basin Total 

Source: WoodMackenzie – Feb’09.

Figure 16: “Effective Liquefaction Capacity, Atlantic Basin vs. World Total, 2008-2013”.

3.5. Relevant issues - Demand

The current economic and financial crisis will be one of the mayor drivers of the LNG market in the coming

years. It will affect both, supply and demand, leading the market to a dramatic slowdown, and flooding the

Atlantic Basin with LNG. Some of the following issues could help us to understand the near and long term

prospects shaping the future energy scenarios:

• When analyzing former crisis, we can see how demand was significantly affected in OECD countries,

while emergent countries never had negative demand growth. During the 1980 crisis, the OECD

countries had negative demand growth for six years. On the other hand, during the 1990s Asian

crisis, import levels were back to pre-crisis level in less than two years, but few expect such a quickly

recovery nowadays, as the main economies have been severely shattered. The 3 main LNG

importing countries are members of OECD. As an example, Japan LNG imports fell 9.6% from 3Q08

to 4Q08.

Figure 17: “OECD members as of 2009”.

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• The global recession has sparked industrial closures worldwide, some will not be able to be back on

track in the short run. Plunge in LNG demand for both, industrial use and power generation, the main

LNG destinations, shows how LNG demand is more elastic than oil as it is only marginally employed

for transportation.

Source: WoodMackenzie – Feb’09.

Figure 18: “US’ Gas demand by sector since 1990”.

Source: WoodMackenzie – Feb’09. Figure 19: “Spain’s Gas demand by sector since 1990”.

Source: WoodMackenzie – Feb’09. Figure 20: “UK’s Gas demand by sector since 1990”.

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• LNG use for power generation is directly affected by substitute fuels prices. LNG can be replaced by

cheaper alternative fuels, like coal or even nuclear in the long run. Oil end use different to natural

gas!

• CO2 emission costs: certain fuels, like coal, become more attractive as the CO2 emission costs

diminish. Countries under Kyoto protocol would encounter restrictions when switching to higher

polluting fuels.

Figure 21: “Merit order of generation volumes across Europe, assuming CO2 trades at 20 €/tonne”.

Figure 22: “Merit order of generation volumes across Europe, assuming CO2 trades at 7.5 €/tonne”.

• US domestic gas production has rocketed thanks to the development of unconventional gas reserves

(shale, tight, etc.). Unless the US becomes the last resource or best paying market, higher cost of

unconventional gas, could increase prices. Breakeven value of shale gas is expected to be around

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5-6 $/MMbtu. President Barack Obama is promoting domestic supply of energy, and diversification

of energy sources.

Figure 23: “Gas domestic consumption and supply in the US since 1990, and projections”.

• LNG demand will be leveraged by the environmental and technical pros of power generation through

CCGTs. President Barack Obama’s energy plan focuses, among others, on creating a cap-and-trade

system to reduce carbon emissions 80% by 2050, and reducing energy use and costs increasing

energy efficiency.

• Record temperatures have been recorded these past years, making LNG less needed during the

winter periods. According to several studies, we are immersed in a global warming situation. Impact

of weather on demand will depend on weather severity compared to former and future years. LNG

demand will also be impacted by excess hydro supply in countries like Brazil or Spain.

• Long term contracts linked to oil indexes are becoming less competitive than spot LNG, in the

current price scenario. Asian offtakers have applied DQT (Downward Quantity Tolerance) and

European buyers are applying DFT (Downward Flexibility Tolerance), or even nearing the Take or

Pay clauses.

3.6. Relevant issues – Influence of Pacific Basin

• In first three quarters of 2008, no Asia-Pacific (Indonesia, Brunei, Malaysia and Australia) region

cargo moved west of Suez. In 2Q09, already several spot Australian cargoes will be landing in NWE.

• Only one Middle Eastern cargo unloaded in North America, in first three quarters of 2008. This will

swift to a large number of cargoes being destined to North America, with more LNG projects coming

on stream, and USA becoming the last resource market.

Consumption

Domestic supply

Net Imports

AEO2008 reference case

16%14%

AEO2009 reference case

3%

10

15

20

25

30

1990 1995 2000 2005 2010 2015 2020 2025 2030

Source: EIA Annual Energy Outlook 2009 Reference Case Presentation

History Projections

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• Far Eastern companies are currently reviewing downwards their demand scenarios, because of the

global recession, and not knowing what to expect.

• Some of the new LNG supply coming on stream is based on non conventional gas, like coal bed

methane which is quality wise difficult to accept by Far Eastern countries.

3.7. Relevant issues – Supply

• Over 82 mmtpa of new LNG supply will come on stream during the next three years (more than 50%

of it in Qatar).

• It takes around four to five years from FID for a liquefaction facility to start commercial operations.

Those projects with no finance secured may be cancelled or postponed indefinitely, as current

lenders are more risk-averse. The financial market turbulence has caused the biggest shift to safety

since II WW. If no FID is taken, when demand comes back on track, no incremental supply will be

there. Brass LNG, OK LNG and NLNG T7 are just some of the projects facing further delays in FID.

• In some of the producing countries, NOCs are the main contributors to GDP. There is not enough

investment capacity, and NOCs might need help from IOCs, to keep the business running, as well as

for new project developments.

• The downturn of LNG demand is also a challenge for producers:

o Long Term LNG contracts with increased destination flexibility will be able to redirect

cargoes to premium markets, now located in the Atlantic Basin.

o In the same way that LNG importers will struggle to meet Take or Pay obligations,

producers will have to do their best to avoid production cuts in their liquefaction facilities

(lender requirements, LPG’s).

• Construction and labor costs will plummet, because no new projects will be started, and construction

capacity will be idle.

• Securing gas supply for new projects has been increasingly difficult over the last few years. NOCs

are starting to demand a bigger portion of the cake, as gas to be retained for domestic consumption.

• Demand contraction in Europe will have strong consequences for LNG exports to these countries.

• China’s and India’s new regas capacity have the potential to create new demand hubs for diversions

as they have a huge latent demand for power and fertilizer.

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C. Global LNG Markets

Mr. Yves Cerf-Mayer, Total Trading Global LNG Markets – New Hubs – Update July 2009

1. LNG Global Trends Global LNG: Short Term Concerns

2008 Situation

After 8 years of strong growth (2000 – 2007), there has been for the first time since 1981, a stagnation of

the LNG Trade with 173.6 Mtpa delivered in 2008 compared to 174.5 Mtpa in 2007 (0.5% reduction).

4 causes can be identified to explain this situation:

− Shortage of gas supplies (Nigeria, Indonesia , Oman , Egypt)

− Force Majeure (Nigeria, Algeria)

− Technical problems (Norway , Australia)

− Start-up delays (Qatargas II, Tangguh , Sakhalin II).

Nevertheless, Asian LNG imports in 2008 (118.64 Mt) surged by + 5.4% on year-to-year basis.

Additional purchases from the Middle East (Qatar & Oman) and from Atlantic producers compensated for

lower supplies from Asia – Pacific.

In 2008, the volumes diverted from Atlantic into Asia were twice the volumes diverted in 2007: 15 Mt /

247 cargoes versus 7.6 Mt / 131 cargoes.

Short Term 2009-2011

The economic crisis impacts gas demand on all markets, particularly the industrial sector

LNG Supply capacities build up significantly (+ 95 Mtpa), almost +50% more supply capacities above

2008 world trade level

Unconventional gas to LNG competition in the US affects LNG growth on this market.

Although the new capacities are already committed, it is possible that there could be insufficient demand

in 2009-2010 to absorb the entire LNG supply on offer. Besides in 2009-2010, there would be hardly any

need for the Asian Buyers to call LNG volumes from the Atlantic Basin.

There will be a downward pressure on spot – short term gas prices during this period

As at mid 2009, the global LNG demand is falling by an estimated 7 to 9 % as recession takes

effect, whereas supply availability will increase by almost 8% over 2009-2011

But there are also long term supply question marks

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Long Term - 2012 / 2013 onward The current disconnect between costs and commodity prices is an added hurdle for new projects: a

shortage of project sanctions today means limited supply growth tomorrow.

Demand for LNG will recover based on solid fundamentals:

− Growth of global energy demand and competitiveness of Natural Gas (versus Coal and Oil)

− LNG specifics : Security of Supply and diversity of supply.

But the LNG market, particularly in Asia-Pacific, will be then again constrained by supply limitations

As at mid 2008, almost all LNG market experts had great expectations that the growth of spot/short term

LNG trade, particularly in Asia, would continue to rise steadily from 2009 towards the forthcoming

decade.

Almost a year ago, the main issue that the LNG Industry had to address was to secure enough LNG

volumes & cargoes to meet a steadily growing demand.

Today, after a 180º downturn, the urgent issue to be solved is to find sufficient outlets to dispose of a

substantial part of the LNG supplies from existing productions and from new facilities coming on stream

in 2009-2011. No one would be fool enough to try to predict how the LNG markets will react within the

forthcoming 6 to18 months if the global recession continues to contribute to further shrink the energy

demand.

However, Flexibility, whether contractual, operational or commercial, will be an essential asset for the

resilient players who have set in their business models flexibility features such as diversion clauses and

Master Trading Agreements to mitigate, defend and optimise their positions.

2. LNG Hubs & Flexibility

Worldwide LNG production (Mtpa)

Existing + decided projects

Probable projects

Barents

0

50

2005 2010 2015 2020

North Africa

0

50

2005 2010 2015 2020

Latin America

0

50

2005 2010 2015 2020 West Africa

0

50

100

2005 2010 2015 2020Middle East

0

50

100

150

200

2005 2010 2015 2020

Asia - Pacific

0

50

100

150

200

2005 2010 2015 2020

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Global LNG projects: emergence of the Middle East

Global LNG – « Hubs » (1) Mature Markets (up till 2007) Mature Producers (up till 2007)

Asia Pacific Asia Pacific

− Japan - Alaska

− Korea - Indonesia

− Taiwan - Malaysia Europe - Brunei

− France - Australia (1)

− Spain

− Belgium Middle East

− Italy - Abu Dhabi

− Greece - Qatar

− Turkey - Oman

− Portugal North America Africa / Atlantic

− USA - Algeria

− Mexico - Lybia

− Puerto Rico - Nigeria

− Dominican Republic - Egypt - Trinidad

Global LNG – « Hubs » (2)

Production Hubs/ Trends (2008- 2009)

Mediterranean Zone Algeria upward Lybia upward

Egypt upward

Europe Norway stable

Russia / Artic upward

Africa

Nigeria upward

Equatorial Guinea upward

Angola upward

Latin America / Caribbean

Trinidad stable

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Middle East

Abu Dhabi stable

Qatar upward Oman stable Yemen stable

Asia Pacific

Alaska decline

Indonesia decline Malaysia stable

Brunei stable

Australia upward Russia / Far East upward

Global LNG – « Hubs » (3) New and Future Markets (from 2009 onwards)

Asia Pacific

− India

− China

− Singapore

− Thailand

− Philippines

− Hong-Kong

− New Zealand

− West Coast Mexico

− California

Middle East

− Kuwait

− UAE

Europe

− Germany

− Poland

− Cyprus

− The Netherlands

− Croatia

Africa

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− South Africa

Latin America

− Brazil

− Chile

− Argentina

Global LNG – « Hubs » (4) New and Future Producers (post 2009)

Asia Pacific

− Russia / Eastern Siberia

− Australia (2)

− Papua New Guinea

− East Timor

− Peru

Europe

− Norway

− Russia / Artic Middle East

− Qatar Expansions

− Yemen

− Iran

Africa

− Equatorial Guinea

− Angola

− Algeria (2)

− Lybia (2)

− Nigeria (2)

Latin America

− Venezuela

− Brazil

Flexibility: LNG Market Status

The 2 main LNG markets, Atlantic- Europe and Asia- Pacific, are now in full communication. However they

remain different from each other.

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The first one, Atlantic-Europe, is an almost fully liquid gas market, with gas to gas competition, with plenty of

pipeline gas resources and infrastructures, with a robust LNG regasification capacity on both sides of the

Atlantic Ocean and interconnected regional gas markets in Europe and a gigantic pipeline network in North

America.

It is characterized by almost transparent gas market prices based on few public indexes and a huge

capability to swap and trade commodities

The second one, Asia-Pacific, is not a liquid market but a physical one.

It will remain made of segregated gas provinces for a long while and because of the lack of inter-regional

pipeline infrastructures in Asia, LNG imports constitute the only major source of supply to bring gas to the

national markets. Market prices in Asia are still often based on long term features, inherited of “1 to

1“historical negotiations.

Most of the LNG Btu’s imported and traded in this market must in the end be delivered to the wholesales

buyers (utilities) and swaps and trading capabilities remain limited on this market.

What means nowadays « Flexibility »? In the past years from 1970 till 2000, Flexibility was mainly volume oriented but remained subject to very

limiting factors within the limits of the LNG trades.

Defined in the long term SPA’s, Flexibility affected directly the value of the trade, i.e. a downward flexibility

exercise would reduce the NPV of the contract if not made-good and had to be limited (few cargoes per year)

and compensated rapidly.

Nowadays, new conditions in the LNG Industry worldwide have created new opportunities.

There are more regasification capacities than supply, representing a 2 to 1 factor versus production.

Also very significant shipping capacities have been added to the world LNG fleet since 2000.

There are now new types of SPA’s provisions, particularly in the form of multiple destinations and diversion

clauses which tend to become common features in all contracts. Whereas in the past years, it was more

Force Majeure situations which justified diversion rights.

Diversion - Flexibility - Security of Supply

Diversion capability has become since 2000 one of the main factors behind increased flexibility in the world

LNG trade.

Diversions currently and for long will remain triggered mainly by price differentials between markets (i.e.

typical « arbitrage situation » based on short term actions), short term supply imbalances and

synchronization issues around matching LT supply to LT demand (often in the case of early or late start-up of

new facilities).

However, for mature major markets in Asia, namely Japan, Korea and Taiwan, flexibility should not impair

security of supply which is of paramount importance for these gas consuming markets dominated by LNG.

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On the long term, market forces are the key factors which will limit flexibility to a reasonable degree. Too high

gas prices compared to other conventional fuel sources (fuel oil and coal) will trigger re-adjustments of the

fuel mix of the Buyers: either switching to other fuels or reducing demand growth especially for industrial

sectors, until the gas market prices are readjusted downward to regain competitiveness in those markets.

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Chapter 3: LNG Contracts A. Factors to make LNG trading more flexible

Flexibility of LNG – A Misperception ?

Mr. Eberhard Lange, E.On

To make LNG trade more flexible requires fulfilment of many preconditions. The early days of LNG did not

know flexibility other than volume flexibility, when security of supply underpinned by long term take or pay

obligations was of paramount importance. Supply chains were restricted to bespoke flows from A to B.

Increasing LNG volumes supplying growing markets, which in turn required more seasonal and annual

flexibility, called for instruments to match volatile demand and rigid LNG imports. Most LNG importing

countries reacted by building more LNG storage capacity, partly to build up a strategic national reserve,

partly to cover seasonal swing.

A true change in LNG trade occurred, when first swaps were arranged to save transportation cost and when

peak demand in the leading LNG import countries attracted single cargoes at attractive prices away from

their long term trades. Buyers and producers enjoyed extra margins. On the other side, surplus volumes

found their way into terminals in US, acting as a sink of a global LNG market.

The share of short term or spot trade increased slightly but steadily, and it was only until last year that the

majors were convinced, that spot share would not increase beyond the 15 % mark. What started as the last

resort or first aid in times of shortage in suffering markets, developed into an arbitrage driven traders’ market.

This flexible trade was made possible through the availability of

• volumes in excess of firm supply commitments from operating liquefaction plants and start ups

• contractual volume flexibility, or downward adjustment rights

• spare shipping capacity to cover the extra needs due to the longer distances

• ships acceptable for the respective harbours

• willing sellers and buyers

• the right price

• free capacity in receiving terminals

• compatible LNG quality

• a liquid import market.

The flexible supply pattern is supported by some producers’ strategy to sell ever more volumes with

diversion rights. Possibly not the most economic way, albeit potentially the more profitable way for

producers.

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Thus, LNG can flexibly contribute to closing any gaps that may arise on the energy markets by creating

greater diversification for the supply and demand countries as well as improve supply security. As a

consequence of the current economic turmoil and the demand reduction, more spot cargoes will be moving

around globally, with the North American LNG market possibly acting as a sink for residual supply, if not

needed elsewhere.

To summarize: An increasing globalisation of LNG flows is likely due to companies’ strategic positioning, the

development of flexible LNG portfolios and pricing arbitrages. The spot market will gain in significance and

may surpass its current 15 % share of the market. Arbitrage as well as spot possibilities will increase as a

consequence, even if these approaches are vulnerable to physical restrictions such as shipping distance,

gas quality and market access.

Yet, sellers and buyers will benefit from a flexible LNG market.

B. Pricing Formula and Mechanism

Mr. Angelo Ferrari, Eni

Mr. Yves Cerf-Mayer, Total

The world LNG market has become increasingly global and therefore the different regional LNG markets are

now fully interrelated.

According to different typologies and peculiarities, one can divide the consuming markets in two main zones:

• USA and Europe (the “Atlantic Basin”)

• Pacific Rim, North-East and South-East Asia (the “Asia Pacific Zone”).

While for the Asia Pacific Zone LNG has been and remains for the moment the only practical way to develop

gas markets, Europe and USA can choose their supply sources between LNG and piped gas, both domestic

or imported, depending not only on the differentials between the gas prices, but also on other key factors

such as volume flexibility.

With regard to price indexation, trading of LNG can be divided in three well defined areas:

• Continental Europe: where the LNG prices are indexed to Brent and other oil product indices (such

as for instance Fuel Oil or gas Oil prices);

• USA and UK: where LNG price is indexed to specific liquid points where a reference price of the gas

mainly based on domestic productions is established (Henry Hub in USA and NBP in UK);

• Asia Pacific Zone: where the LNG prices are linked to the JCC .

Even if the difference of prices among the three areas can vary remarkably, the interconnection between the

three main markets brought by the development of the worldwide LNG trade is now a reality. One major

consequence is that factors affecting the price of LNG in a certain market are able to influence price on other

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market with different specific patterns for the only reason of the flexibility associated to the possibility of

diverting cargoes from one to the other market.

LNG arbitrage between gas markets is made primarily through price signals, almost in the same way as the

commodity market operates.

The adjustment of the supply-demand equation on the non liquid gas markets, i.e. mainly in the traditional

Asia LNG markets where there is no substitute, such as piped gas, is now partly solved through the price

issue and competition for the LNG resource in the form of bidding for spot or short term cargoes to a limited

number of producers or International Oil Companies holding the spare/excess volumes.

LNG markets – Basic trends

In a medium/long term horizon the global demand of LNG is predicted to grow significantly not only in the

traditional LNG consumers countries (Japan Korea, Europe, USA and Taiwan) but even in new emerging

markets such as China, India, Pakistan, Thailand and Singapore that have limited domestic resources but

the need to face the internal growing demand with a friendly and clean energy. The volume of LNG trade in

the global hydrocarbons market may be relatively small but it increases year on year, almost regularly and

faster than the other energy products. The reasons of the growing importance of LNG in the world gas

market are peculiar for each area: while in the Asia Pacific region LNG is almost the only gas source

available, in Europe and USA the decision to turn more and more towards LNG results from the combination

of three main factors:

-the gradual reduction of the domestic production,

-the growing distance from the production to the consuming areas,

-the willingness to increase energy supply security by diversifying supply sources.

LNG, unlike piped gas that has fixed inlet/outlet points, can be transported with ships and therefore delivered

where it is most needed. This peculiarity led in the past years to a significant growth of the spot market

driven by many external factors such as seasonality of the demand, weather related events, earthquakes

and natural disasters, shortage of other supply sources, etc, thus creating a tension on demand and affecting

the prices not only for the spot cargoes but also for short term.

The recent growing demand of LNG also affected the price requested by Sellers for new long term contracts

that are to remain the vast majority of deals to be entered into.

LNG price evolution (Alternance of Sellers’ and Buyers’ markets)

When the LNG trade started (1969-1974), prices were fixed in “money of the day” terms and there were

premiums up to 70% over the crude oil prices.

The first oil shock of 1973 led to a change in the gas price policy and between 1974 and 1986 prices were

linked directly to crude oil.

In 1986, following the oil price crash, the producers, with the aim to maintain their profits decided to fix an ad

hoc pricing mechanism established on monthly or quarterly basis.

The further recovery of oil prices led to a new era: the Buyer’s market period (1988-2003). LNG prices,

linked to 85% of the value of crude oil, were settled in new formulas introducing a constant element resulting

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in a 10 to 15% premium over crude oil. Besides in some contracts was introduced a “S” curve mechanism,

which was progressively adopted in all the new contracts and even in order to open new markets, the

reference crude oil prices in the new formulas were capped when they reached 25-30$/bbl.

The oil shock subsequent to the Gulf War led again to a tension of the oil prices and the LNG market has

become again a “Seller’s” period (2005-2008). The price review discussions between Sellers and Buyers

have become progressively more and more difficult and for certain existing Long Term contracts, very large

LNG price adjustments are still outstanding after several years of discussions.

The growth of the demand for LNG in mature markets, the emergence of new players such as India and

China, the delays in the realization of new liquefaction plants, and a strong competition among the various

players to have access to spot cargoes from the excess capacity of existing plants have been key factors

contributing to giving some advantage to Sellers in the global LNG trade.

However, starting from the last quarter of 2008, the entire world has been hit by a very severe financial and

industrial crisis and even if from the second half of 2008 crude oil prices fell down from 150 to around 60

$/bbl nowadays, the effect of the crisis on the LNG Industry has been a downfall of the energy demand

against an oversupply situation due to the exercise of Downward Quantity Tolerances by the Buyers on all

the Long Term contracts.

It is probable that the stagnation of the consumption which could last for at least a couple of years and the

massive LNG supply capacities build up (+95 Mtpa within 2012) will create a significant downward pressure

on spot-short term gas prices, within a general lower oil price environment than in 2008.

Will there be a new era for LNG prices? Signals are showing that the “pendulum” is moving again

(towards//backwards) to a more uncertain (less clear-cut) type of market characterized by a relative LNG

demand stagnation against temporary regasification and shipping overcapacity (2009-2012), and then again

towards a foreseeable shortage of new liquefaction and supply capacities by 2015.

What could be the impact on LNG prices under such market conditions is difficult to predict. Most likely LNG

prices will settle down slightly below 100% crude oil parity prices for a certain period but there will remain the

risk of tension due to the possible shortage of supply on the long run.

As it happened in the past, Sellers and Buyers should be prepared to work again towards improving

traditional LNG pricing terms and conditions to enable both parties to reach an equitable sharing of risks and

benefits.

In an ideal world, the alternance between LNG Sellers’ and Buyers’ market periods would progressively

disappear reaching a true commodity price situation.

The future impact on the gas prices

The world energy demand is predicted to grow again in the coming years mainly driven by the Power

Sector and the role of natural gas is expected to assume a leading role within the basket of fuels. Generally,

it was anticipated that the price of the gas to final customers should be lower than the price of the alternative

fuels. This statement was the rule in those previous years when natural gas competed on the final markets

with alternative fuels oil derivates. The recent significant increase of LNG price and indexation could lead

some industrialized countries to reconsider the possibility to turn to nuclear or even to coal or to renewable

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sources and many developing countries to turn to any available form of energy without considering the long

term environmental impacts.

With the aim to boost on the use of gas, producers and consumers have to understand the constraints and

the needs of each counterpart and have to work together to meet a common goal, being convinced that it is

a game where there cannot be losers or winners.

Global LNG trade growth has encouraged the launching of several new potential liquefaction projects even if

only a few of them have been or are going to be sanctioned in the short term. In reality, most of them have

been delayed or cancelled due to the increase of material, engineering and construction costs, because of

strong competition among the few available EPC contractors, and last but not least the decision of many

producing countries to use most of the gas produced for domestic consumption and internal gas industry

growth.

The unavailability of LNG could also aggravate the gap between demand and supply thus creating a

competition among the buyers and resulting in a relative distortion and artificial growth of the LNG prices,

giving to the Sellers the possibility to maximise returns for the supply of LNG.

In a context of high oil price environment, Sellers are tempted to impose pricing formulas directly linked to oil

prices (Brent or JCC) with slopes set to grant high sensitivities to oil price movements. Often, such type of

formulas are also inserted in a contractual framework that implies 100% Take or Pay clauses with no

flexibility in the definition of the Annual Delivery Program, where cargoes have to be rateably distributed

along the contract year.

These formulas and contractual frameworks of course give some protection to the Sellers who have to face

enormous investments related to new projects’ development but not always a reflection of the way in which

natural gas is effectively sold on the final markets.

It is nevertheless worth highlighting that a Buyer, selling LNG to specific markets has generally to deal with

the following:

1) Demand seasonality and peak requirements

2) Different type of formulas and indexations

3) Competition with pipeline gas (at least in US and European markets)

4) Competition with alternative fuels (i.e. other oil products, coal, nuclear etc...)

5) Competition with specific market price indexes (electricity and gas indexes),

and often has to bear the risk of the misalignment without being able to transfer back some share of the risks

to the producers.

How to get flexibility without impacting on LNG price

Buyers on the one hand are seeking higher flexibility from their LNG deliveries to better meet the needs of

their market, thus reducing the necessity of over sized gas storage capacity and to be able to compete with

alternative energy sources, for instance with hydroelectricity during the rainy season.

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Sellers, on the other hand, have to try to optimize their investment costs in designing plant facilities

producing LNG as regularly as possible, thus avoiding to over size the LNG storage tanks and the number of

LNG carriers. It appears quite evident that the requirement for flexibility leads to higher costs along the entire

LNG chain.

What could be the solutions to match both Buyers and Sellers requirements without impacting on the

economics of the selling prices?

This is not a simple task but some areas could be explored.

An interesting way could be for instance to try to elaborate contracts which could be both FOB and DES at

distinct periods within the contract term. With such a type of contract, Buyers could elect from time to time to

choose where to dispatch the LNG that they are obliged to off-take on a steady basis and not in position to

consume on the original contractual market to a range of downloading ports offering the possibility to divert

cargoes. Of course these solutions imply that the Buyers have in place pre-arranged agreements with other

customers or have access to regassification capacities in more than one country whose markets are

speculative in term of seasonality demand. For sake of clarity one has to underline that, in case of DES

Long Term Contracts, Buyers has the right to ask for diversions and Sellers will agree on diverting cargoes in

case the diversions can be managed without interfering with its shipping capacity, In case the diversions

could not be arranged within Seller’s shipping capacity Buyer would have to provide shipping capacity. In

addition to justify the destination flexibility it could be helpful that Sellers and Buyers agree at an early stage

on pricing for each destination. To protect Sellers against risks of sudden revenues changes, the quantities

capable of being diverted from/to a given destination could be restricted within a given range. Alternatively

the Buyer’s role could evolve from a single Buyer to an aggregator, looking for customers in marginal

markets, where to download part of a cargo or to deliver cargoes on spot basis.

Both the solutions evoked above would require great efforts from the buyers to invest in their own fleet and to

find out markets and customers willing to accept such arrangements and in the meantime would protect the

Sellers both in term of return on capital invested, and guarantee regular production profiles for the

liquefaction plants. The agreement between Buyer and Seller should also be structured to avoid an incorrect

use of the diversion right and a profit sharing mechanism when demonstrated that the diversion is a

consequence of the flexibility needs.

Summary of Expectations

It is quite obvious that LNG Sellers and Buyers have different expectations in term of gas pricing:

Sellers’ position

• Pricing formulas directly linked to oil prices with slopes granting high sensitivities to oil price

movement.

• Low flexibility in the definition of the Annual Delivery Program.

• High protection versus the enormous investments related to projects’ development.

Buyers’ position

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• Pricing formulas both envisaging an indexation linked not only to oil or oil related products but also to

gas and electricity indexes to better reflect market characteristics and an equitable price to protect

Sellers and Buyers in situation of extreme oil price scenario (“s” curve).

• Price revision mechanism to protect Sellers and Buyers in respect of changes in the energy market

that affect the value of the gas.

• Higher availability from the Seller to settle a mechanism that allows Buyers to manage the flexibility

of supply without impacting the selling price.

However it is also quite clear that Sellers and Buyers have still to reach out solid compromises in order to

guarantee the sustainability of their own businesses.

C-1. Duration / Term / Extension

Mr. Hajime Nakamura, Tokyo Gas

1. Long-term Contract Since LNG was first delivered in 1964, long-term contracts have been a majority in LNG trades.

Developments of LNG business are so capital-intensive that long-term commitments before making final

investment decisions by both LNG sellers and buyers are very critical.

The duration of long-term contracts depends on various factors. For instance, pay back period is important

for both sellers to recover Capex of gas producing facilities and liquefaction plants, and buyers to recover

costs related to regasification terminal and transport pipeline. For that reason, the term of ten (10) years is

generally thought to be the minimum term in LNG business. However, longer contract term is more

preferable in most of the LNG projects, especially for investors and financiers from a viewpoint of

stabilizing cash flow. Therefore reserves at an initial stage would be the most crucial factor to determine

the duration in each LNG project. Many LNG projects have long-term contracts of twenty (20) years and

more. In some cases, the duration can be extended by exercising an option of either a seller or a buyer if

additional reserves are proven up after the sales and purchase agreement is signed and effective.

The characteristic of LNG business has made both sellers and buyers to provide limited opportunities to

trade LNG in the market, historically. As a result, LNG has not been a very liquid commodity as petroleum.

2. Short-term and spot contract In the last decade, numbers of LNG cargoes were traded on spot and short-term basis. Especially, in

2008, remarkable numbers of LNG cargoes were diverted from the Atlantic basin to the Asia pacific region

due to demand increase and supply shortfall in the Asian countries. On the contrary, some cargoes are

traded from east to west in early 2009 due to the demand plunge in the East Asia triggered by global

financial turmoil. These are typical examples of spot and short-term trading.

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Following are some of the reasons why spot and short-term trading have been popular in the LNG

business. Apparently, there have been changes to the marketing structure of LNG between sellers and

buyers as LNG market has been growing, that have contributed to a more liquid LNG market.

Some LNG projects made final investment decisions without 100% off take commitment by

buyers, and such uncommitted quantities could be available for spot and short-term trading.

In the Atlantic region, “Equity LNG” and “Branded LNG” were created under long-term contracts.

Equity LNG is such a concept that LNG produced in a project is lifted by its investors according to

its shares for their own marketing. Branded LNG means non-consuming buyers purchase LNG

from various LNG projects and sell LNG to buyers under their names from their supply portfolio

without specifying a single supply source.

The new spot LNG was coming from a buyer’s receiving terminal. The cargo is originally sold by

a seller, unloaded, and stored in an LNG tank of a buyer’s receiving terminal for a while, and then

re-loaded and shipped to the second buyer.

Small numbers of traditional long-term contracts, especially in the Asia Pacific region, include destination

flexibility. Spot and short-term trading have been and will be useful to cope with seasonal and/or

unexpected demand fluctuation, but long-term contracts will definitely continue to be the base for LNG

procurement.

Most of green field LNG projects are recently anticipated to be delayed in start-up due to more complex

processes and increased number of construction equipments; in some region due to shortage of labors,

and difficulties in environmental approval for plant constructions. Some conventional LNG sellers are not

so confident of extending their contractual commitments because of uncertainties in gas reservoir and

brisk demand for natural gas in their countries. Worrying about such slippage of green field LNG projects

and feasibility of conventional LNG projects, buyers have to rely on short and middle-term contracts. For

years to come, the number of short and middle-term contacts will increase.

3. Downscaling of LNG liquefaction project For many years, only large gas fields have been developed for LNG mainly due to economical reasons.

LNG liquefaction capacity has been larger to pursue scale economics. However, there is a new challenge

that small-middle gas fields will be developed for LNG. In order to materialize them, cheap prefabricated

liquefaction plant of simple process has been developed. Development for small scale offshore gas fields

using floating LNG vessels is also considered, while it is not realized yet at this moment. It is said that one

of the benefit of floating LNG concept is that it can improve the economics if, after the first gas field is

depleted, it is redeployed and used in the next field.

These small LNG projects seem to have more difficulties in development than traditional large LNG

projects. But they will become economically viable in the future by technology improvement. Considering a

number of potential gas fields will be popular in the future, once such technology is successfully developed

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and matured. Due to shorter lifetime of these projects by nature, average duration of LNG contracts will be

shortened accordingly.

4. Conclusion Longer contractual duration of off take has been essential for many years in LNG business. It is still one of

the key components in development of LNG in many green field projects. However, LNG contracts have

recently been diversified to combination of long-term, middle to short-term, and a spot basis, owing to the

development of new marketing, maturity of LNG technology, increased shipping capacity and technology

innovation. Such trend toward increase of shorter term contracts will continue to the future as LNG market

grows.

C-2. Duration / Term / Extension

Mr. Abdulla Ahmad Al-Hussaini, Qatargas Operating

The term of a LNG sales and purchase agreement should be clearly specified.

The term can be tied to a specific start date or an event, usually referred to as Commencement Date.

The term of an agreement should not extend beyond the period that a seller or buyer can meet their

contractual obligations; Examples would be the expiration date of a license, ship charter required to deliver

LNG, terminal capacity agreements required to receive LNG or other rights to ensure LNG can be delivered

to the point of sale.

The Commencement Date may be later than the Effective date of an agreement and can be determined as

follows:

• Agreement of a specific date by the buyer and seller for the start of LNG deliveries

• In the case of a seller, tied to the start-up of a new LNG production train or expansion

• In the case of a buyer, the start-up or expansion of a terminal or other buyer’s facility where the LNG is

to be received or used

The procedure for establishing the Commencement Date should be clearly specified in any agreement. Any

option period should be clearly specified and the ending period be clearly specified so there is clarity about

the start of take-or-pay obligations or an obligation to deliver. Ambiguous language related to the completion

of buyer’s or seller’s facilities should be avoided.

Industry practice is evolving with respect to the duration of LNG contracts and generally falls into three

categories:

• Long-term – 20-25 years

• Medium-term – 3-5 years

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• Short-term – 1 cargo to 2 years

Rights which may have accrued during the term of an agreement should survive the termination of an

agreement.

Contract extensions can be included in an agreement and generally fall into three categories:

• Mutual agreement by buyer and seller

• Seller’s option to extend

• Buyer’s option to extend

Price considerations or price reopeners might be included as part of an extension clause.

D. Volume flexibility

Mr. Haksoo Park, Korea Gas Since the recent global financial economy crisis spread out all over the world, we are forecasting that the

world LNG demand will decrease more than the volume we expected in 2008. According to the data of Wood

Mackenzie, the total volume of world LNG demand in 2015 would be 387mtpa (million tones per annum)

which was forecasted in October 2006. But it was decreased from 387mtpa to 311mtpa in their forecast in

November 2008.

However many energy experts have a perspective that it is also difficult for sellers to meet the demand

because of several reasons which are the increase of supply cost, postponement of production, facilities

deterioration, and higher risks in a huge project. In other words, not only the buyer side but also the seller

side will need volume flexibilities more and more in the future.

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1. What is flexibility?

Flexibility in a contract is defined as the difference between the availability and the offtake/minimum-pay

obligation within a given time span. Flexibility is a concept of the cost. In other words, flexibility costs money;

• Buyer’s side: the flexibility is related with the opportunity cost of fuel switching.

• Seller’s side: Enhancing flexibility can be considered that it needs an extra investment. It means that this

needs adding cost.

The cost of flexibility can be identified as a separate item so that flexibility can be sold on its own. A decision

can then be taken as to whether it is more economic to provide flexibility upstream or downstream as well as

on the cost of transporting the flexibility from the delivery point to the place of consumption.

* Flexibility in gas contracts

•Buyer’s side - Flexibility required by the buyer has cost implication; because gas can not be stored easily,

requirements for flexibility of supply and acceptance must be decided before the capacity of the gas chain is

finally fixed. This determines investment and revenue created in the chain is a function of the utilization rate

of this capacity.

•Seller’s side - On the contrary, producer can consider creating flexibility as an extra investment (main

investment is the upward/downward flexibility in the LNG contracts) or as lower utilization of the investment

guaranteed by the buyer.

• Terminologies

- Downward flexibility: option to ask for 10% less than ACQ

- Upward flexibility: option to ask for 10% more than ACQ

- ACQ=Annual Contract Quantity

Therefore we must consider the flexibility on both the buyer and the seller. Nevertheless it costs, cost of

flexibility is more reasonable than the cost that buyer or seller should pay for LNG spot on unexpected

period.

2. Contract as flexible as a safety pin

* Contract quantities

Seller provides daily production estimates for project life of 20 years. Daily quantities are given under these

conditions;

• Build-up period - 40% within 6 months and 60% by the first year

• Plateau period - Builds up to peak and flattens to plateau

• Decline period - after plateau period, production continues to decline until abandonment.

* Seasonal demand

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Specific methods to cope with seasonal variations linked to the power system may be cheaper than the cost

of providing any extra capacity in the gas system.

On the buyer’s side, instrumentalities are needed to cope with long-term developments such as market

growth. These may take the form of investment in additional capacity.

Instrumentalities are also needed to cope with fluctuation in demand on an annual or daily basis. In such

cases, the capacity must already be available, or customers would have to be cut off (that is interruptible

one).

3. Risk mitigation and Risk sharing * Buyer’s Risk : Volume risk (take or pay)

- Mitigation : No take or pay during debt repayment, Cargo diversion(if buyer is unable to take)

- Seller’s countermeasure : Revenue uncertainty, Indifferent to diversion if resale is not in seller’s current

market

* Seller’s risk : Seller’s supply failure due to non Force Majeure causes (Shortfall penalty)

- Mitigation : Work out the failure probability and build in the financial consequences in the price, try to

avoid default liability

- Buyer’s countermeasure : Requesting the cargo flexibility during supply year

* Buyer’s side: delay in market opening

- Buyer can not import LNG from overseas because buyer’s country has some trouble to start the gas

market system.

* Seller’s side: delay to start LNG project

- Seller can not export LNG to buyer because seller’s country has some trouble to start to supply it.

* Compensation

- Failure to fulfill the gas volume obligation (to take or to supply) raises the question of compensation.

- This would involve a minimum payment for the buyer and default rebate for the seller if commitments are

not fulfilled. In both cases, the sum would depend on the extent to which contractual obligations were not

fulfilled.

4. New trend in LNG contracts

* The change of circumstances

- Seller may require change in the production profile; the seller may ask for possibilities to change the

plateau rate, length or both as a function of the performance of the reservoir.

- Buyer may require change in the rate with market; the buyer’s interest will be a long and stable plateau

possibly with the option to change the plateau rate to adapt it to changes in the market.

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* Case study of Sakhalin 2

- It will be delayed for Sakhalin 2 to supply the gas from the original schedule on the end of 2008 to April

2009. This will result in a shortfall of 5mtpa (Japan) and 1.5mtpa (Korea) out of 9.6mtpa Sakhalin production

• But secondary market of LNG is on very poor circumstances. Therefore it is almost difficult to copy

with such a condition only by LNG spot supply.

• Therefore it is important not the penalty but how to satisfy the demand of buyer’s country. In case of

Korea, it is not easy to substitute other fuels for LNG because of market specification. If then, the

problem of flexibility may spread it out to the energy security.

* New trend in LNG contracts

- There is a competition among buyers; China, India, Japan, Korea and Spain etc.. At the same time, Coast

Azul terminal in Mexico which is newly opened will put demand on Asia-Pacific LNG.

- Buyers are seeking more flexible supply terms; shorter term or mixed term SPAs. Buyers are also

negotiating greater flexibility in build up period, make up and carry forward right.

• Terminologies

- Carry forward: carry forward is a credit to be set off against TOP but up to a limit 25% of MQ (Minimum

Quantity)

- Recently, a contract (combined 680,000tons per year) was signed between three Japanese companies

(Tokyo Gas, Osaka Gas, Toho Gas) and MLNG (TIGA). This provides 40% volume flexibility instead of

5~10% in conventional contract.

- BP signed a 3 year contract with Adgas for flexible volume varying between 300,000 and 750,000 tons per

year.

E. Incoterms

Mr. Jean-Noël Mesnard, GdF Suez

The Incoterms (“International Commercial Terms”) are a set of international rules established by the

International Chamber of Commerce (ICC) for the interpretation of the most commonly used terms in

international sales with respect to the delivery of goods.

The first Incoterms were published in 1936, they were then regularly updated or amended to remain in line

with international trade practices ; the most recent version was issued by ICC in 2000.

ICC has grouped the different terms (13 different terms have been defined so far for global trading of goods)

in 4 different categories, depending on the conditions according to which the goods are delivered by seller to

buyer.

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Incoterms define the reciprocal obligations of seller and buyer under an international contract of sale and

purchase and specify the respective responsibilities of the parties, but do not specify the point at which title is

transferred (to be decided by the parties). Incoterms set out how the associated costs and risks are

apportioned.

In the LNG industry the most commonly used Incoterms are FOB (free on board) and DES (delivered ex-

ship). Very few transactions are based on CIF (cost, insurance and freight) term.

• LNG Sales FOB

In a FOB sale, the seller delivers and transfers risks (and generally associated title) of the LNG to the buyer

at the exit point of the liquefaction plant in the loading port ; from that point the buyer has to arrange and pay

for sea transportation and to bear all costs and risks of loss of or damages to the LNG. The buyer also

provides for unloading and regasification or arranges the sale of the LNG cargo to another party at the exit

point of the liquefaction or at any point further.

source : GIIGNL

• LNG Sales DES

In a DES sale, the seller delivers and transfers risks (and generally associated title) of the LNG to the buyer

at the inlet point of the regasification plant in the unloading port. The seller has to arrange and pay for

liquefaction and sea transportation and to bear all costs and risks of loss of or damages to the LNG until this

point. Buyer has to provide for regasification or arrange the sale of the LNG cargo to another party at the

inlet point of the regasification terminal.

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source : GIIGNL

It has to be noted that the new version of the HNS1 convention, currently under ratification, may seriously

affect the existing balance between DES sellers and buyers of LNG regarding the impact of financial

contributions to the HNS compensation fund: in the near future the LNG “receivers” (i.e. the buyers) will have

to bear the main part of the burden, whatever is the Incoterm chosen in the relevant contract. This new

liability may make more complex LNG sale and purchase contracts negotiations.

• Incoterms’ use in the LNG industry

The following is a compilation of the long term LNG sale and purchase contracts in operation within the 1980

– 2020 time period2.

Historically the DES contracts have always represented an average of 60% of all LNG contracts, in terms of

number of contracts as well as in terms of annual contract quantity.

1 HNS Convention is an international treaty dealing with parties’ liabilities in case of accident involving sea transportation of Hazardous and Noxious Substances. 2 Sources : GIIGNL/Cedigas/Poten & Partners/GDF SUEZ.

DISTRIBUTION OF CONTRACTS IN OPERATION (Number of contracts)

0

20

40

60

80

100

120

140

1980

1983

1986

1989

1992

1995

1998

2001

2004

2007

2010

2013

2016

2019nu

mbe

r of

con

tract

s in

ope

ratio

n

DES contractsFOB contracts

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A more detailed look on the allocation of FOB and DES contracts depending on the production area shows

that :

- Asia-Pacific producers started with DES contracts with Japanese buyers (LNG from Brunei, USA-

Kenai, Indonesia-Bontang and Abu-Dhabi) until the mid-eighties when these buyers started to buy

FOB at Bontang. The FOB share then increased slowly. DES now represents and should continue

to represent approximately 60% of the contracted quantities in the area.

- On the other hand Atlantic basin producers started in the sixties with FOB contracts only and this

situation remained the same for almost thirty years until 1994 and the start up of the Algerian

deliveries to Turkey, followed by first sales of Nigerian LNG. The DES share in the Atlantic basin is

still increasing and should reach 60% by 2015.

- Notwithstanding a completely opposed use of Incoterms at the very beginning of their respective

LNG production story, Asia Pacific region and Atlantic region have progressively converged and

seem now to stabilize at a “balance point” of 60% DES and 40% FOB.

DISTRIBUTION OF CONTRACTS IN OPERATION (Pacific Basin)

0%10%20%30%40%50%60%70%80%90%

100%

1980

1983

1986

1989

1992

1995

1998

2001

2004

2007

2010

2013

2016

2019

% o

f tot

al c

ontr

acte

d qu

antit

y

FOB quantitiesDES quantities

DISTRIBUTION OF CONTRACTS IN OPERATION (Quantity)

0%

20%

40%60%

80%

100%

1980

1983

1986

1989

1992

1995

1998

2001

2004

2007

2010

2013

2016

2019

% o

f tot

al c

ontr

acte

d qu

antit

yFOB quantities

DES quantities

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DISTRIBUTION OF CONTRACTS IN OPERATION (Atlantic Basin)

0%10%20%30%40%50%60%70%80%90%

100%

1980

1983

1986

1989

1992

1995

1998

2001

2004

2007

2010

2013

2016

2019

% o

f tot

al c

ontr

acte

d qu

antit

y

FOB quantitiesDES quantities

• Choice of Incoterms for a new LNG trade

Factors influencing the choice of the LNG projects developers regarding Incoterms of their long term

contracts are various :

- The LNG industry is one of the most capital intensive sectors in the energy field ; in the whole LNG

chain, from the gas fields to the exit point of the regasification plant, the sea transportation can

represent between 10% and 25% of the total cost ; even if shipping can be made through long term

chartering of LNG vessels, selling on FOB basis can be a way for a producer to reduce its financial

needs or commitments.

- FOB sale can also be chosen to mitigate the industrial risk of developing a new chain, in particular

when the project developer is a new actor in the LNG industry. Selling FOB gives him the opportunity

to focus resources and efforts on the upstream part of the chain (gas production, treatment and

liquefaction).

- On the other hand, an FOB purchase is a way for the customer to be more strongly involved in the

development of the project, by bearing a bigger part of the financial burden and of the industrial risks

of the new LNG chain.

- Strong producers, either because they are already present in the LNG industry or because their

partnership includes major companies, have decided to go downstream in the LNG chain and to

develop and use their own fleet with the objective of better monitoring the marketing of their LNG :

naturally they chose to sell on a DES basis.

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- Furthermore the choice depends on the business models of the seller and of the buyer and on the

kind of flexibilities they are looking for.

• Incoterms and flexibility

Trying to establish a relation between the elected Incoterms (FOB or DES) and the flexibility (on volumes

and on unloading destinations) of a given LNG sale and purchase agreement is challenging because

flexibility broadly depends on other contractual provisions such as downward or upward quantity rights,

management of the excess quantities, available shipping capacity, destination restrictions, price and price

adjustment according to the destination, LNG quality….

The following can however be underlined :

- Some buyers need to secure LNG for the supply of their downstream markets located in well

identified countries and supplied through stable chains : they need more volume flexibility than

destination flexibility and should then be indifferent to the Incoterms. This is the case of Far East

utilities.

- Some buyers have their business model based on continuous maximum valuation of their LNG

portfolio : to achieve this goal they need as much flexibility as possible on final destination and

therefore have preference for FOB purchase. This is indeed challenging, and one could argue that

purchasing DES does not necessary prevent a buyer to organise diversions, it only necessitates to

do them through a cooperation with the seller, and on the contrary, purchasing FOB does not allow

all diversions, since destination restrictions may prevent some of them. Whatever the Incoterms,

FOB or DES, an agreement with the seller is often needed, but in the case of FOB, it can be limited

to a consent, on the basis of economic considerations, whereas in the case of DES, it is a real

cooperation, on the basis of economical considerations and feasibility requirements (availability of

ships, compatibility, vetting issues, etc…). In this regard, the FOB purchase allows the buyer,

through the control of its own fleet, to organise and schedule its trades much more easily that the

DES purchase.

- In the middle some buyers have diversified supplies, combining pipe gas and LNG, a diversified set

of downstream markets, with their own flexibilities and the ability to optimize their integrated portfolio.

They are able to accept either FOB or DES Incoterms.

- Some producers have a business model based on permanent value optimization of at least a part of

their LNG portfolio for which they are willing to be directly involved in downstream marketing,

sometimes with booking of regasification and transportation capacity in liquid markets and

development of marketing activities in such markets ; this requires monitoring destination of the LNG

cargoes which is easier to achieve with control of the fleet and through implementation of DES sales.

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In conclusion, there is no evident link between the Incoterms used in a given LNG sale and purchase

contract and the “flexibility” of such contract ; such flexibility results more of a combination of other

contractual conditions and from the cooperation that seller and buyer are able to develop over the duration of

their partnership, in order to continually adapt their commercial relation to the changes of their business

environment.

F. Destination Clauses / Diversion

Mr. Lowell A. Bezanis, Cheniere Energy

Mr. Ahmad Marzuki Haji Ahmad, Petronas

1. Introduction

Since the first commercial long term LNG supply between the Alaskan Kenai LNG and its Japanese

buyers (Tokyo Electric and Tokyo Gas), the global LNG industry has evolved into an industry that was

once very rigid in every aspects of the business and trade to one that is dynamic involving a myriad of

players in every corner of the world.

To date, the industry has undergone two waves of evolution spanning a total period of 42 years and is

presently in the third wave of evolution – or is it the fourth?

The FIRST WAVE of industry evolution was represented by a long thirty-three (33) years period

between 1964 and 1996 while the SECOND WAVE period was substantially shorter - a period of nine

(9) years period between 1997 and 2005.

At present we are in the THIRD WAVE of its evolution. Shorter than the preceding ones, it is expected

to last up to the end of the decade or even slightly longer to 2012 resulting from the prevailing

financial crisis affecting the world - or is the crisis a feature of the FOURTH WAVE?

Each of these waves represent a specific period in the evolution of the LNG industry during which

certain events and factors helped or forced the shaping of industry trends and influencing trade

practices and contractual norms.

2. The LNG Industry, Business and Trade

This paper focuses on the impact of the evolution of the industry on one of the key clauses stipulated

in the LNG sales and purchase agreement (SPA) - the Destination Clause.

However, before we proceed to discuss issues and concerns relating to these clauses, perhaps it

would be prudent to reflect on the evolution of the LNG business and trade that has a bearing on the

applicability of these clauses in today’s LNG business and trade.

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The evolution of any industries will generally results in the establishment of numerous understandings

and agreements that helps to facilitate and regulate the industry in relation to its business and trade.

For the LNG industry, capital investments required to develop the relevant components along its entire

value chain was and remains very high. It requires significant financial commitments from each

interested parties involved in order to realise relevant projects related to each component in the value

chain. The subject of this paper is substantially relevant and related to the the midstream component

of the value chain (liquefaction, transportation and regasification) that involve a major portion of the

total investment cost.

The midstream component requires the availability of a cryogenic-based system to liquefy the natural

gas and maintains it in liquefied form for delivery as LNG from the supply point to the delivery point.

And it is this component of the value chain that necessitates the inclusion of certain key clauses in the

LNG sales and purchase agreement (SPA), and amongst them, is the Destination Clause.

Destination clauses are clauses in supply contracts that have the effect of forbidding buyers from re-

selling the product outside the pre-destined market stipulated in the SPA, thereby guaranteeing the

seller a reasonable level of revenue stream, primarily to service loans taken to develop a particular

LNG exportation project. The clause also represents an effective mechanism to maintain price

differentials across different export markets.

3. Applicability of Destination Clause in the SPA

1. The FIRST WAVE (1964-1996, 33 years)

The first long term commercial LNG trade was established in 1969, when Japan took delivery of

its first LNG cargo from the Alaskan Kenai LNG project.

LNG trade during this period was limited to a small group of sellers and buyers linked by long-

term LNG supply contracts (usually 20-25 years). Commercial terms and conditions of supply

included the take-or-pay clause in lieu of security of supply. LNG was generally delivered on an

ex-ship basis and transported using dedicated specially-built LNG Tankers.

While security of supply was of paramount importance to the LNG buyers, namely the Japanese,

South Korean and Taiwan, whose country has limited indigenous energy resources to feed their

respective country energy requirements, the ability to secure the necessary financial packaging

from lenders to support the development and construction of the relevant LNG exportation

infrastructure were crucial to the project owners alike.

The introduction of the destination clause in the LNG SPA will ensure seller’s sales are protected

vis-à-vis the ability to maintain price differential between different exporting markets that is

fundamental to any project viability. Such will ensure the expected revenue generation streams,

hence allowing the project owners to timely pay their lenders as per agreed terms and conditions

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of the financial package given. For the buyers, it guarateed them specific uninterruptible LNG

supply over the period of the contract duration.

The destination clause is explicitly applicable to mitigate operational problems. For example, if

the buyer’s LNG receiving facility is having some technical problems that renders it not being

able to receive the LNG cargo delivered or there’s a change in gas demand pattern affecting the

intended LNG delivery, then a buyer can approach and request from the seller for the cargo to

be diverted to a different destination other than that explicitly stated in the SPA. On this note,

any request by a buyer to divert a particular cargo, if any, must be negotitated with and agreed

by seller, before a cargo can be diverted to an agreed destination, different from the originally

agreed and intended one.

2. The SECOND WAVE (1997-2005, 9 years)

The SECOND WAVE saw the entry of new suppliers and buyers into the global LNG trade

arena. The economics of LNG as a competitive energy source called for larger liquefaction trains,

bigger ships and more flexible contracts – with the intent to reduce unit production and

transportation costs.

It was during this period too, that the industry saw the emergence of two new middle-eastern

LNG export projects - Qatar and Oman; providing buyers with a wider source of LNG supply in

an already competitive market. Heightened competition amongst existing players and the

pressure of industry deregulation and liberalisation in importing countries resulted in the

introduction of more flexible terms and conditions of SPAs as negotiated by both Buyers and

Sellers.

The demand side saw the emergence of new LNG buyers representing two huge gas demand

markets - India and China. In order not to lose market share, remain competitive and capture

potential upside values, LNG suppliers required increased flexibility in the commercial terms

extended by sellers to potential LNG buyers, amongst them the introduction of Diversion Clause in some SPA.

During this period, the natural interest of sellers continues to be the need to retain destination

clauses, while embracing marginal controlled change, such as profit-sharing diversion

mechanisms. Buyers on the other hand, have sought to eliminate or relax destination clauses.

While the former emphasized themes such as stability/security of supply and reasonable returns

on investment, the latter concerns were stressed upon their need to manage domestic demand,

enhance market efficiency and so forth. Hence, these two distinct aspirations are expected to be

concerns emphasized by both parties at the negotiation table as the global LNG industry

business and trade dynamically expand and converge.

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Since the European Union (EU) gas directive came into force in early 2000, effrots have been

pursued to omit the destination clause in supply contracts in line with EU Anti-Competition Law.

Subsequent to investigations initiated by the European Union (EU) Commission in April 2001,

especially on the Destination Clause, for Europe in terms of EU Anti-Competition Law, Nigeria

agreed to omit the destination clause in their sales contract concluded with ENEL of Italy in

October 2002. Norway and Nigeria agreed to repeal the clause. In October 2003, Russia agreed

with Italy’s ENI to abolish the clause whilst Algeria agreed to delete this from all contracts

affecting EU buyers in early 2005. Russia is moving to eliminate the clause for pipeline gas

exports, but no agreement has been made between Russia and buyers other than ENI.

3. The THIRD WAVE (2006-2010/12, 5-7 years)

The THIRD WAVE saw a mix of events that spiraled down the global oil and gas industry from

its greatest heights to prevailing lows.

Attrition of skilled manpower and resource constraints affected the operations of existing LNG

projects that inevitably shifted the start up further up the timescale for some and deferred or

shelved indefinitely for a few others. These factors, combined with changing domestic gas

policies, some abrupt, to mitigate increasing domestic gas consumption in some gas consuming

countries, resulted in a tight LNG supply situation amidst increasing global demand for LNG.

The increasing upward trend in oil prices underpinned the increase in gas and LNG prices

creating greater and wider arbitrage opportunity play, not only between Europe and the US east

coast, but also between the west and east of Suez markets. This can be seen in the increasing

sales and deliveries of spot cargoes (including short term) into the Far East market due to the

attractive price opportunities.

The omission of the destination clause in SPAs vis-à-vis the EU Anti-Competition Law was also

a factor that resulted in the greater flow of Atlantic-based spot cargoes into the Far East. This

was predominant over the recent few years of increasingly tight supply scenario coupled with the

higher price affordability of the east of Suez markets.

For a dynamic and matured market of Europe and the US, the omission of the destination clause

may work effectively to ensure a healthy and competitive LNG trade. However, the same cannot

be said for the other major demand centre i.e., the Asia Pacific market. If the destination clause

is omitted in the region’s LNG supply contracts, the eventuall loser could well be the LNG buyers,

originating from countries with limited energy resources. Hence, security of supply remains

paramount. The destination clause is a pre-requisite for suppliers, considering the huge capital

investment involved, to ensure buyers are guaranteed their reliable and uninterruptible LNG

supplies.

The indiscrimate application of the destination clause could result in LNG suppliers from being

guaranteed the expected return on investemt that is fundamental in realising an LNG project.

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This in turn could lead to project owners not being able to service their loans effectively that

could inevitably affect the smooth operations and maintenace of the LNG facilities and

subsequently affecting LNG production, supply and delivery.

4. Moving Forward

The global LNG industry is expected to continue and evolve. An industry that was once facing a

supply crunch due to factors mentioned earlier in this paper is now on the reverse into an over-

supply scenario. Gas consuming countries that were frantically scrambling for any excess LNG

volume they can get hold on whatever the price may be, have now approached and requested their

respective sellers for a reduction in their offtakes. Such has inevitably put suppliers in a very

awkward positon with excess volume on their hands to deal with. The scenario is providing an

opportunity for the domestic gas market to enahnce their efforts to grab this emerging gas supply

opportuntiy for their own needs. Such a situation could well be an unsightly scenario for the LNG

industry in general.

In light of the current supply scenario and economic turmoil, perhaps the next wave in the continued

evolution of the LNG business and trade could focus on the security of market, an exact reversal of

the earlier years ? The prominence of domestic gas demands, consequential political pressures and

nationalism that had emerged in the recent months could perhaps catapult the LNG business and

trades into the next wave ?

5. CONCLUSION

For a region that exist markets that predominatly depends on imported resouses, in this instance

LNG, the destination clause provides these markets the added security for them to have a reliable

and uninterruptible LNG supplies.

Diversion of cargoes is possible to mitigate operational problems faced by buyers. The spirit of the

SPA provides opportunity for both buyers to seek and negotiate for the diversion of cargoes, subject

to mutually agreed terms and conditions of supply and delivery of the affected cargo.

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Chapter 4: Conclusion For A More Flexible LNG Market Dr. Boyoung Kim, Korea Gas

The group’s goal of finding a win-win solution to satisfy both buyer and seller in the LNG contract was, as

expected in the very beginning of the study, difficult to find.

On top of that, the financial crisis stormed the global economy around the time we were finalizing the

research. The financial crisis caused industrial stagnancy and brought a huge change in the demand outlook

of the LNG market. In other words, the financial crisis ignited from the U.S in late 2008 and spreading world

wide has caused the global economic downturn which in turn, relayed into a decline in the short term and

probably medium term(~2015) demand of natural gas. During 2008 to 2009, Asian LNG buyers

simultaneously exercised the Downward Quantity Tolerance on their Annual Contracted Quantity leaving

excess quantity of LNG in the market that pulled down the price for the spot trades. This trend generated

rather arbitrary demand in the U.S and Europe where spot market takes a significant portion of the LNG

trades to benefit from unusual market situation of low LNG spot price. If markets in the U.S and Europe were

not in structure to digest such spot quantities, the excess supply would have caused a significant damage

both physically and economically to suppliers.

In separate account, there are diversified opinions in the outlook on LNG demand with different forecasts on

when and how fast the market would spring back from current suppressed situation. We believe that the

outlook on future demand of LNG is dependent on the inter-related activities between the following two key

factors.

One is the forecast on when the current economy would recuperate back to its former status. In the short

term, the demand will be suppressed but in the long run the demand for natural gas shall inevitably return to

its status quo. The only question remains is when such inevitability would be realized. The other factor is the

reinstatement of gas development plans which were halted due to various reasons. Recently, most of gas

field developments had to be delayed due to the rise of the EPC raw material cost, labor cost and overall

investment requirement. Furthermore, dramatic fall of the oil price surrounded the investor with fear of low or

even no return on their investments. However, the question is not whether the demand and the supply would

find a new equilibrium point but when would that equilibrium is reached.

The changes mentioned above are something that we, the research group, did not foresee during 2006 to

2007 and also in the first half of 2008. So far, the research was focused on how to modify the terms of a

contract under seller’s market condition to satisfy the buyer’s need and to empower the LNG trades.

However, the time seems to be just around the corner for sellers to modify the contract terms to benefit from

more flexible LNG trade.

For such mutual benefit, there exists not only the need for LNG consuming nations to establish the proper

user market but also the need for LNG exporting countries to build a flexible sales frame. Asian buyers in

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particular, where LNG takes a significant portion of aggregate national energy consumption, must equip

themselves with adequate storage facility and competitive price level to compete with other energy sources.

The reason behind such requirement is that although the market will self-adjust as the portion of spot market

increases from current 20% level (Until a couple of years ago, the majors were convinced that spot share

would not increase beyond the 15% mark), sellers will soon be able to rectify the institutional restrictions by

introducing various marketable products and sales terms.

As LNG spot market increases its territory in the LNG trade and buyers and sellers adapt more relaxed

contractual terms, main bodies of the economy are forced to deal with the unexpected massive fluctuation in

supply and demand. Therefore finding the right balance between flexibility to cope with market volatilities and

stability of the demand and supply should yield a win-win strategy for both buyers and sellers.