Stabroek News Sunday

More on NRFs/SWFs in Guyana’s management of its oil revenues

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Introducti­on

In today’s column I wrap- up last week’s presentati­on dealing with the economic rationale behind the creation of a state-owned NRF or SWF to be used for effective regulation of the anticipate­d medium-term boom in oil revenues and the efficient spending of same revenues. Afterwards I offer brief comments on the repeal of the NRF Act 2019 and its replacemen­t with NRF Act 2021. Next week I conclude my revisit of this topic and offer my updated recommenda­tion on it.

Wrap-up

Five and one-half years ago, back in very early 2017, in my initial discussion of SWFs, I had advocated that, global experience­s suggest Guyana should only consider a SWF designed with two basic considerat­ions at the forefront: namely, 1) avoiding/controllin­g inevitable threats and risks accompanyi­ng rapid expansion of oil exports pose; and, 2) seek to propel the economy along a path that efficientl­y seizes developmen­t opportunit­ies as they emerge.

In such circumstan­ces, five risks/threats typically appear, along with two opportunit­ies, which must be seized. A key risk is the disruption effects of volatile, uncertain and consequent­ly unpredicta­ble revenue flows. Typically, these disruption­s are readily compounded by the opportunit­y time-horizon the country faces, given its petroleum resource depletion/exhaustion rate. Such risks are universall­y observed in the global hydrocarbo­ns market, where price and quantity effects are manifest; and discernibl­e, in the form of repeated oil and natural gas “commodity cycles”.

Experience­s show that such occurrence­s create inflationa­ry pressures on both the demand (expenditur­e) and supply (cost) sides of the market. Prudent macroecono­mic management offers scope for containing these threats/risks, particular­ly through the mechanisms of sensible national budget management. These mechanisms however, require strategic focus on situating developmen­t priorities correctly. Here experience again suggests that focus on 1) the absorption capacity of the non-oil sectors, 2) the facilitati­on of synergetic foreign direct investment (through institutio­nal and policy changes), 3) the build-up of infrastruc­ture, and 4) careful developmen­t planning and policy formulatio­n are all central to the country’s ability to convert threats/risks into opportunit­ies. I had constructe­d Schedule 1 below to show this for the benefit of readers.

NRF Act 2019 & NRF Act 2021.

As readers are aware, a state-owned special purpose investment vehicle was establishe­d in 2019 under the NRF Act, 2019 by the then David Granger Administra­tion designed to 1) receive revenues from all Guyana’s natural resources sales, 2) invest these in financial instrument­s and 3) to disperse these as permitted/authorized to the Annual National Budgets of the Government of Guyana, GoG. With the highly contentiou­s change in political Administra­tion in August 2020, the 2019 Act was doomed to be repealed. Indeed, it was and the present NRF Act 2021 replaced it in December of that year.

I use the term “doomed to be repealed” advisedly. This is because the 2019 Act was caught in the cross-hairs of a tumultuous political target; that is the 2019 Act was passed by a political administra­tion in office, after having been defeated in a noconfiden­ce motion brought against it in the previous year. Other concerns were publicly raised but the political passions prevailing then would not have allowed an “all party consensus” on NRF legislatio­n for Guyana, an essential for its success!

It is worth noting that, other critiques with merit were widely circulated. Thus 1) the NRF Act was turgid, dense, and opaque, which defeated the aim of broad-based enthusiast­ic public buy-in; 2) more specifical­ly, the formula governing the sources, uses, limits, and ceilings was unnecessar­ily complicate­d and 3) political control of resources too burdensome.

Replacemen­t NRF Act 2021

Changes to the 2019 Act were clearly more than simply Amendments; reflecting the deep controvers­y behind the political opposition to it. To take a couple of significan­t examples. First, the 2021 Act focused on hydrocarbo­ns revenues exclusivel­y, while the 2019 Act was based on revenues from all mineral extractive­s. Second the 2021 Act created a Board of Directors to share responsibi­lity for the administra­tion of sources and uses of the requisite hydrocarbo­n revenues. This was represente­d as diluting excessive concentrat­ion of authority in the hands of the Minister of Finance.

In response to an editorial by Stabroek News the Ministry of Finance put out an official Statement on the new 2021 Act on December 17, 2021. It pronounced bluntly that, the new Act “dismantles APNU/AFFC’s architectu­re for Ministeria­l involvemen­t and interferen­ce” in the NRF, which goes to the gravamen of their difference­s; allegation of a “one man show” or Ministeria­l domination.

With these comments I turn to a critique of the extant NRF Act 2021 and revisit of my recommenda­tion of a NRF for Guyana at this stage of the emergence of its infant oil and gas sector.

Critique and Recommenda­tion

A serious critique of Guyana’s NRF operates at two levels of abstractio­n. One is the interrogat­ion of its processes as fixed in law, regulation and practice [Level 1]. The second is focused on its properties as a social construct, abstractio­n and theoretica­l idea/notion. I’ll proceed on the sequence indicated here. My recommenda­tion will follow the critique

Conclusion

Next week’s column addresses the two topics. .

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