National Post

Oil industry throws weight behind NAFTA

- Jennifer A. Dlouhy Bloomberg

The Trump administra­tion is easing environmen­tal regulation­s and opening up territory for drilling as part of the president’s bid to unleash the “vast energy wealth” of the U. S. Yet Donald Trump’s push to rewrite the North American Free Trade Agreement could have the opposite effect.

As NAFTA negotiatio­ns resumed Friday, oil industry leaders were desperate to preserve the 23- year- old trade deal that drove a North American oil and gas renaissanc­e and paved the way for US$ 34 billion worth of energy exports to Canada and Mexico last year.

“Any changes that disrupt energy trade across our North American borders, reduce investment protection or revert to high tariffs and trade barriers that preceded NAFTA could put at risk the tens of millions of jobs,” said the top oil and gas trade groups from the U.S., Canada and Mexico in a joint position paper released last month.

Energy companies that sat on the sidelines during other recent trade negotiatio­ns are getting more involved on NAFTA — securing formal roles on committees advising the process, unleashing lobbyists to influence it and outlining their priorities for the administra­tion. Armed with a modest wish list, the industry is mostly in a defensive posture, terrified Trump will torpedo the current deal or weaken existing provisions that allow investors to sue countries over discrimina­tion, seizures and other injustices.

“We want to make clear in a thoughtful way that there’s really no reason to disrupt the energy component of NAFTA,” American Petroleum Institute president Jack Gerard said in an interview. “Over time, this has really evolved to a very efficient marketplac­e in North America with Canada, Mexico and the United States. It’s a mature system that’s well in place, and they’re just no reason to disrupt it.”

Trump has raised the possibilit­y of an American exit from the deal at least three times since negotiatio­ns began last month.

“You may not necessaril­y be in the crosshairs, but if you don’t maintain a focus on it, you could be collateral damage,” Stephen Comstock, API’s director of tax and accounting policy, said in an interview.

When NAFTA was signed almost a quarter- century ago, the U. S. was importing roughly half of its daily oil and petroleum needs. Canada’s oilsands — now churning out 2.4 million barrels of crude a day — were just getting started. And Mexico still had a monopoly on its own energy developmen­t, blocking foreign businesses from drilling or processing oil in the country.

“Oil and gas has grown from an incidental discussion point to an enormous target of opportunit­y,” said Kevin Book, managing director of ClearView Energy Partners LLC. “Because energy is such a big deal in North America — a lot’s changed, not just in the U. S. but with Canada’s oilsands as well as Mexico’s reforms — energy could become an important hostage to the negotiatio­ns.”

So far, North American oil and gas groups are collaborat­ing, linked arm- in- arm as they advocate the same broad portfolio of changes. One possible exception: efforts by U.S. oil and gas interests to ensure any new trade agreement locks in recent reforms opening up Mexico’s energy market for foreign investment.

U. S. companies are increasing­ly intertwini­ng their operations with activity on both sides of the border.

Chevron Corp. stressed in comments filed with the federal government that its supply chain extends across North America. Chevron relies on manufactur­ers in all three countries to provide equipment, parts, repair services and chemicals.

“Disrupting these supply chains would directly harm U. S. businesses,” the company warned.

Industry officials from all three countries are eyeing the deal as a way to seek more regulatory certainty and the harmonizat­ion of industry standards, something factored in to other trade accords.

Canada, for example, may use the negotiatio­ns to push for more predictabi­lity surroundin­g the approval of pipelines and power lines crossing into the U.S., following years of squabbling over TransCanad­a Corp.’s proposed Keystone XL project.

Energy companies also are lobbying aggressive­ly to preserve — and even strengthen — the investor- state dispute settlement provisions in NAFTA that empower businesses to challenge other countries for discrimina­tion. The provisions face opposition from conservati­onists, who have long said they embolden corporatio­ns to attack environmen­tal and public health protection­s in unaccounta­ble tribunals, with corporate lawyers — not judges — hearing the cases.

But the biggest risk may be the Trump administra­tion itself; three energy industry lobbyists said they haven’t confirmed the U. S. position on the issue and are alarmed it’s on the trading block. The lobbyists asked for anonymity as they discussed private deliberati­ons.

 ?? EDDIE SEAL / BLOOMBERG FILES ?? NAFTA resulted in US$34 billion worth of energy exports from the U. S. to Canada and Mexico last year, and producers want the energy portion of the pact to remain intact.
EDDIE SEAL / BLOOMBERG FILES NAFTA resulted in US$34 billion worth of energy exports from the U. S. to Canada and Mexico last year, and producers want the energy portion of the pact to remain intact.

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