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Exclusive - Kazakhstan warns head of Kashagan operator it may prosecute over failure to pay fine

FILE PHOTO: The full moon rises in the background over the infrastructure on D Island, the main processing hub, at the Kashagan offshore oil field in the Caspian sea in western Kazakhstan
FILE PHOTO: The full moon rises in the background over the infrastructure on D Island, the main processing hub, at the Kashagan offshore oil field in the Caspian sea in western Kazakhstan August 21, 2013. REUTERS/Stringer/File Photo

By Mariya Gordeyeva ALMATY, July 21 (Reuters) - Kazakhstan has warned the head of the international consortium developing one of its largest oilfields, Kashagan, of possible criminal prosecution over the non-payment of a near $5 billion environmental fine, two sources told Reuters on Tuesday. The warning is a major escalation in a long-running legal stand-off between Kazakhstan and the

By Mariya Gordeyeva

ALMATY, July 21 (Reuters) - Kazakhstan has warned the head of the international consortium developing one of its largest oilfields, Kashagan, of possible criminal prosecution over the non-payment of a near $5 billion environmental fine, two sources told Reuters on Tuesday.

A worker walks past infrastructure on D Island, the main processing hub, at the Kashagan offshore oil field in the Caspian sea in western Kazakhstan
A worker walks past infrastructure on D Island, the main processing hub, at the Kashagan offshore oil field in the Caspian sea in western Kazakhstan August 21, 2013. REUTERS/Stringer

The warning is a major escalation in a long-running legal stand-off between Kazakhstan and the international oil giants operating several of its fields, which the authorities have variously accused of environmental regulation violations and corruption.

The North Caspian Operating Company, which is developing the offshore Kashagan field, has not paid an environmental fine of 2.3 trillion tenge ($4.92 billion) awarded against it in 2023 over a breach of sulphur storage limits, the sources said.

Infrastructure on D Island, the main processing hub, is pictured at the Kashagan offshore oil field in the Caspian sea in western Kazakhstan
Infrastructure on D Island, the main processing hub, is pictured at the Kashagan offshore oil field in the Caspian sea in western Kazakhstan August 22, 2013. After costing nearly $50 billion, mostly paid by some of the world's top oil companies, Kashagan may now be delayed until 2015, jeopardising a forecast budget boost for Kazakhstan of $28 billion - about a third - between 2014 and 2016. Picture taken August 22, 2013. REUTERS/Stringer

According to a document reviewed by Reuters, Kazakhstan's justice ministry warned NCOC's managing director Giancarlo Ruiu of "administrative and criminal liability for non-compliance." 

Kazakhstan's Ministry of Justice, NCOC, and Ruiu did not immediately respond to requests for comment from Reuters. 

NCOC REJECTS ALLEGATIONS BEHIND FINE

NCOC and its contractors reject the fine and the allegations behind it, and the case is currently being heard in international arbitration. 

The consortium, which includes Shell, Eni, TotalEnergies, and Exxon Mobil, has said that the fine cannot be enforced whilst arbitration is ongoing. 

Sulphur is a byproduct of crude oil production and processing, and it should be separated from the crude to improve oil quality.

Infrastructure on D Island, the main processing hub, is pictured at the Kashagan offshore oil field in the Caspian sea in western Kazakhstan
Infrastructure on D Island, the main processing hub, is pictured at the Kashagan offshore oil field in the Caspian sea in western Kazakhstan August 22, 2013. After costing nearly $50 billion, mostly paid by some of the world's top oil companies, Kashagan may now be delayed until 2015, jeopardising a forecast budget boost for Kazakhstan of $28 billion - about a third - between 2014 and 2016. Picture taken August 22, 2013. REUTERS/Stringer

Last week, the Ministry of Justice said that NCOC may voluntarily pay the fine by Monday, after which it said enforcement measures could be taken against NCOC and its contractors, including an additional enforcement fee of 10% of the recovered sum.

An aerial view shows the artificial islands at the Kashagan offshore oil field in the Caspian sea in western Kazakhstan
An aerial view shows the artificial islands at the Kashagan offshore oil field in the Caspian sea in western Kazakhstan October 16, 2013. After costing nearly $50 billion, mostly paid by some of the world's top oil companies, Kashagan may now be delayed until 2015, jeopardising a forecast budget boost for Kazakhstan of $28 billion - about a third - between 2014 and 2016. Picture taken October 16, 2013. REUTERS/Stringer

It is not clear how a move against NCOC could affect output at Kashagan, which produces around 430,000-450,000 barrels daily and is Kazakhstan's second-largest oil field. 

Critics and some international oil majors have accused Kazakhstan of seeking to increase its control over its oil industry via "resource nationalism", an accusation Astana rejects.

($1 = 468.3100 tenge)

(Reporting by Mariya Gordeyeva; Additional reporting and writing by Felix Light; Editing by Stephanie Kelly and Jan Harvey)

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