DATES: MAY 11 - 15, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
       

 

 

 

 

 

Overview

Drafting contracts in the natural gas sector carries a complexity above and beyond what is normally found in conventional oil-based projects. The regional nature of the business and the need for infrastructure to get natural gas to market requires careful consideration of commercialization issues from the initial investment in the upstream and continuing until volumes are physically delivered to end users in the power industry.

This section of the seminar will examine contracts and legal structures necessary for each stage gate of natural gas development. Upstream contracts, host government instruments, and investment laws will be discussed, highlighting key natural gas provisions and drafting issues. A discussion of Midstream natural gas agreements will follow, covering processing, fractionation, transportation, and storage. A special session on LNG and FLNG will be included in the Midstream section and will include discussion of Downstream issues such as tolling and regas capacity. Finally, natural gas marketing will be reviewed, covering essential contracts for both short- and long-term sales situations. Material is delivered through a variety of methods including reference reading, in-class lectures, case studies, industry panels and, interactive group simulations and workshops.

Course Outline

• Natural Gas Value Chain
• Overview of Natural Gas Agreements
• Natural Gas Aspects of Upstream Agreements (Granting Instruments and JOAs)
• Special Provisions for Natural Gas Development in Investment Laws
• Midstream Agreements: Gathering & Processing, Gas Transportation, Fractionation, and Storage
• Joint Marketing and Separate Marketing of Natural Gas and LNG
• Marketing: NAESB, Gas Sales and Offtake, LNG MSAs, LNG SPAs, and Products Marketing
• Joint or Combined Stream Marketing of Natural Gas
• Separate Marketing of Natural Gas and Gas Balancing Agreements
• Cross-Border Gas Sales
• Pipeline Gas Sales Agreements
• LNG: Project Structuring, Pre-FEED, FEED, LNG vs FLNG, and LNG Gas Sales Agreements
• Downstream LNG Agreements: Tolling and Regasification Capacity


Course Advisor

Mrs. Guly Sabahi is an independent legal adviser to companies and governments on energy projects (including upstream, gas processing and power projects) as well as on infrastructure projects – mainly, in the Middle East and Africa, and related JV transactions. Previously, Mrs. Sabahi practiced for 15 years in major international law firms in Washington, DC, including as Partner at Dentons. Mrs. Sabahi is Director and Vice President for Model Contracts at the Association of International Petroleum Negotiators (AIPN) in Houston, TX, where she leads the development of the next generation of model contracts for the industry. Mrs. Sabahi is trained in both civil law and common law jurisdictions, and is admitted to practice in the U.S. (District of Columbia and New York) and England and Wales.

Mr. James English is a Partner in the Houston, TX office of Lewis Brisbois, one of the ten largest law firms in the world with over 50 offices around the United States. Previously Mr. English worked for Anadarko Petroleum Corporation and has worked on natural gas projects on six continents. In Africa Mr. English has worked with both Mozambique LNG and gas sales/commercialization in West Africa. In Asia Mr. English is currently assisting a trading operation selling LNG on a spot basis into multiple receiving terminals in China. In North America he has worked on gas projects in the Permian, the DJ Basin, the Barnett, and Trinidad. Mr. English has also worked extensively on natural gas projects in Australia and New Zealand. He is currently a co-chair of the AIPN LNG SPA drafting committee and actively practices in the areas of upstream natural gas agreements, midstream agreements, natural gas marketing, and LNG marketing.

 

DATES: MAY 4 - 8, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
       

 

 

 

 

 

Overview

Natural gas is among the fastest growing contributors to global energy demand, providing an affordable and cleaner alternative to conventional fossil fuels. However, in many countries natural gas is a very underutilized resource due to poor development and use policies; underdeveloped infrastructure and markets; and unsupportive legal and commercial frameworks.

This seminar examines issues using policy, regulatory and commercial lenses to provide a strategic level understanding of the natural gas value chain and the contributing factors for successful natural gas sector development. Material is delivered through a variety of methods including: reference reading, case studies, in-class lectures, industry panels and interactive group simulations and workshops.

Course Outline

• Natural Gas Role and Benefits in Meeting Global Primary Energy Demand
• Understanding the Natural Gas Value Chain
• Global Gas Markets and Trade
• Principle-Based Approach to Natural Gas Policy Formation
• The Role of the Public and Private Sector in the Development and Governance of the Sector
• Natural Gas Pricing Policy and Methodologies
• Natural Gas Revenue Management
• Commercial Aspects of Natural Gas Purchase and Sale, and Gas Transportation
• Geopolitics of Natural Gas
• Liquified Natural Gas (LNG): Critical Success Factors for Import and Export Projects


Course Advisors

Mrs. Guly Sabahi is an independent legal adviser to companies and governments on energy projects (including upstream, gas processing and power projects) as well as on infrastructure projects – mainly, in the Middle East and Africa, and related JV transactions. Previously, Mrs. Sabahi practiced for 15 years in major international law firms in Washington, DC, including as Partner at Dentons. Mrs. Sabahi is Director and Vice President for Model Contracts at the Association of International Petroleum Negotiators (AIPN) in Houston, TX, where she leads the development of the next generation of model contracts for the industry. Mrs. Sabahi is trained in both civil law and common law jurisdictions, and is admitted to practice in the U.S. (District of Columbia and New York) and England and Wales.

Robert Lesnick is an Executive Advisor to businesses and governments seeking to develop projects which expand development and use of natural gas. Mr. Lesnick recently retired from the World Bank as its Oil and Gas Program Coordinator after a successful 30-year career in the private sector. He has extensive experience in the petroleum sector, including commodity trading, project development, and natural gas field operations. Robert has over 25 years of international experience as a manager and lead negotiator for the development of energy infrastructure projects. He has conducted business in more than 60 countries on 6 continents.

 

 

DATES: MAY 4 - 8, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
       

 

 

 

 

Overview

This seminar highlights key applications and recent developments in respect to international borrowing and debt management, and comprises the second week of the International Borrowing and Debt Management seminar. The goal is to assist policy makers and practitioners from emerging economies to understand recent developments and plan for long term challenges, in a fast changing international borrowing and debt management environment, and could include the application and recent developments in respect to.

Course Outline

International Market Access

• World Bank, IMF, and other multilateral development banks – Lending policies, legal constraints, pitfalls & advantages

• Direct sovereign lending

• Public syndicated bank loans

• Term structure of external debt

• Currency denomination issues

 

Domestic Bond Markets

• Substitution of domestic debt for international borrowing

• Bond auctions and the issuance calendar

• Creation and uses of a sovereign yield curve

• Accounting and transparency

• Developing local currency bond markets

 

Credit Risk and Analysis

• International country-risk analysis

• Ratings and rating agencies

• Project analysis

• Corporate credit analysis

 

Negotiations and Debt Restructuring

• Negotiating techniques

• Sovereign-debt renegotiation

• Debt reduction strategies

• Key financial and legal clauses

• Disclosure

• Role of outside advisors

• Negotiating and renegotiating debt with Chinese State-owned enterprises

 

Debt Management Capacity and Risk Management

• Developing the domestic institutions for debt management

• Accountability and transparency

• Interactions with other domestic institutions

• The term structure and roll-over risks

• Currency risk

• Inflation risk and indexation

• Output risk and GDP-linked debt

• Government guarantees and contingent debt

 

Debt and Development

• Managing a balance between the sovereign borrower and the investing public

• Fiscal planning and management

• Balance-of-payments management

• Sources of payments imbalances: monitoring their indicators

• Comparison of developing country fiscal management and borrowing strategies

• Understanding debt sustainability

 

Course Advisor

Professor Reid Click is an Associate Professor of International Business and International Affairs and Chair of the International Business Department at The George Washington University in Washington, DC. He received his Ph.D. in economics and international business from the University of Chicago. Prof. Click teaches courses in international financial management, international business strategy, and international economics. His academic research has been published in leading journals, and he has also been a consultant for several international organizations.

 

 

DATES: MAY 4 - 15, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $4200    
       

 

 

 

 

Overview

This seminar explores key topics with respect to international borrowing and debt management. The goal is to assist policy makers and practitioners from emerging economies to plan for long term challenges, in a fast changing international borrowing and debt management environment.

Course Outline

International Market Access

• World Bank, IMF, and other multilateral development banks – Lending policies, legal constraints, pitfalls & advantages

• Direct sovereign lending

• Public syndicated bank loans

• Term structure of external debt

• Currency denomination issues

 

Domestic Bond Markets

• Substitution of domestic debt for international borrowing

• Bond auctions and the issuance calendar

• Creation and uses of a sovereign yield curve

• Accounting and transparency

• Developing local currency bond markets

 

Credit Risk and Analysis

• International country-risk analysis

• Ratings and rating agencies

• Project analysis

• Corporate credit analysis

 

Negotiations and Debt Restructuring

• Negotiating techniques

• Sovereign-debt renegotiation

• Debt reduction strategies

• Key financial and legal clauses

• Disclosure

• Role of outside advisors

• Negotiating and renegotiating debt with Chinese State-owned enterprises

 

Debt Management Capacity and Risk Management

• Developing the domestic institutions for debt management

• Accountability and transparency

• Interactions with other domestic institutions

• The term structure and roll-over risks

• Currency risk

• Inflation risk and indexation

• Output risk and GDP-linked debt

• Government guarantees and contingent debt

 

Debt and Development

• Managing a balance between the sovereign borrower and the investing public

• Fiscal planning and management

• Balance-of-payments management

• Sources of payments imbalances: monitoring their indicators

• Comparison of developing country fiscal management and borrowing strategies

• Understanding debt sustainability

 

Course Advisor

Professor Reid Click is an Associate Professor of International Business and International Affairs and Chair of the International Business Department at The George Washington University in Washington, DC. He received his Ph.D. in economics and international business from the University of Chicago. Prof. Click teaches courses in international financial management, international business strategy, and international economics. His academic research has been published in leading journals, and he has also been a consultant for several international organizations.

 

DATES: DEC 7-11, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
       

 

 

 

 

 

Overview

Customs authorities play a vital role with respect to international trade in goods. As the “gatekeepers”, they are charged with determining how much duty to assess on imports, as well as enforcing statutory restrictions on the import of specific goods. The course will discuss the way in which customs authorities carry out their duties, and the international agreements that govern their operations. The course will focus on the Trade Facilitation Agreement (TFA), adopted by the WTO in 2013 and entered into force in 2017. The TFA requires each Member to implement 37 specific obligations, all designed to streamline the international movement of goods. The TFA developed countries already comply with all or most of the obligations, so that the burden of implementation will fall most heavily on developing countries. However, the TFA is the first WTO Agreement to allow Members to set their own timetables for implementation and to condition implementation of specific obligations on the receipt of adequate technical assistance.

The course is designed as a practical course that will assist trade officials in their work and provide hands-on advice on implementation of the TFA, as well as to deal with its challenges. It will be taught by present and former senior government officials, leading academics and practitioners, and officials from multinational organizations.

The course will also spend time on the negotiation of trade agreements. It will discuss the need for careful preparation, including detailed interaction with the stakeholders, and techniques for achieving the best possible outcome. It will include a simulated negotiation.


Course Outline

Functions of Customs Authorities

  • Duty Assesment

    • Classification
    • Valuation
    • Rules of Origin
  • Import Licensing
  • Other

The Trade Facilitation Agreement

  • Background and rationale
  • Overview of the Agreement
  • Current US Trade Policy
  • Implementation – categorization of requirements
  • Key issues:

    • Transparency
    • Advance rulings
    • Review procedures
    • Release of goods
    • Border agency cooperation
    • Formalities, including Single Window
    • Freedom of transit
    • Customs cooperation
    • Shipping/Logistics
    • Transport security
    • IT and e-commerce

Course Advisor

Patrick Macrory is Director of ILI's International Trade Law Center. He was a senior partner in two of Washington's largest law firms, and has practiced trade law for more than forty years. He has taught international trade law at universities in Washington, London, and Tokyo. He has written extensively on the subject, and was Editor-in-Chief of a major multi-volume work on the WTO published in 2005. He is also co-editor of “A Business Guide to Trade and Investment”, published in 2017/18 by the International Chamber of Commerce.

NOTE: This course can be taken on its own or in conjunction with the course on Multilateral and Regional Trade Agreements, to be held the previous week.