Lotes de Talara: Prosecutor’s Office puts the president of Perupetro in its sights

This is how he made it known to this Diary the member of the Energy and Mines Commissionafter pointing out that it was the same Attorney of the Nation, Patricia Benavideswho requested “sending documentation”.

What is this new complaint about?

In short, this is a case of conflict of interest that involves the president of Perupetro and a former employer of hers, the oil company. Upland Oil & Gaswhich this would have favored in a arbitration with the Peruvian State that “we were going to win anyway”notes Morante.

But not only that. The congressman denounces that the official went further, inviting this same company to participate in an oil contest, that of lot 8 (in Loreto), when the arbitration before ICSID was still in progress.

The chronology of these events is detailed in the complaint sent to the Prosecutor’s Office of the Nation and the Comptroller’s Office of the Republic.

As well as the link between Tafur and Upland Oil & Gasa company owned by Jorge Rivera Reuschewho also aspires to participate in the development of the SIT-Gas (formerly the South Peruvian gas pipeline) as a representative of the American transnational Energy Transfer.

According to the investigation developed by Morante, the link between Tafur and Rivera dates back to the end of 2019, when a company related to the latter, Pacific Energywas called to the selection process of the partner who would accompany Petroperu in the exploitation of lot 192 (Loreto).

To advise him on this task, the congressman says, Rivera relied on the services “by Mrs. Isabel Tafur Marín”.

This, until June 2021, when the process concludes with the winner being Alta Mesa Energy.

“Is say that, throughout that period, the current president of Perupetro maintained a professional relationship with one of Mr. Jorge Rivera Reusche’s companies.”notes Morante.

A year and a half later, already president of Peru-Petro, Tafur would cross paths with Upland again, this time to reconcile with the company in a international arbitration that this one had every sign of losing.

Thus, according to Morante’s version and other sources in the hydrocarbons sector with which this Diary spoke, the history of this arbitration is as follows.

In 2021 Upland requested the declaration of force majeure in it lot XXIII (Tumbes), alleging that the pandemic COVID-19 prevented him from fulfilling his commitment to drill an exploratory well.

By then, the company had been in the project for more than five years without being able to drill that well that Perupetro required of it in order for it to comply with its planned obligation.in the second period of the exploration phase to be able to move on to the third phase”, says a source familiar with the subject.

According to this source, Upland argued that the residents of the area were afraid of becoming infected with COVID-19which is why he could not enter the project to carry out the required drilling.

Given this, a social management team from Perupetro approached the area and verified that there was no such fear in the population. “So, how was force majeure justified?” adds the consulted source.

But that is not all. Morante recalls that by then the hydrocarbon and mining companies already had permits to carry out activities, which is why Upland’s request did not fit.

Consequently, Perupetro urged the oil company to drill the well. In response, it filed a request for arbitration with the International Center for Settlement of Investment Disputes-ICSID against the hydrocarbons agency.

The claim was admitted by the ICSID on July 13, 2022 with the approval of Perú-Petro, which was confident of winning the litigation and terminating the contract with the oil company and executing the guarantee letter respective for more than US$3 million.

“For almost two years Perupetro had a very clear position regarding this issue, but it was enough for Tafur to arrive (October 2022) for it to radically change said position and modify the obligations of the contract.”explains Morante.

Indeed, only three or four months after her appointment as president of Peru-Petro, Tafur met with Upland and “Going beyond the rules, he proposed that a solution be found to give them what they wanted”, comments another source familiar with the events.

Thus, the oil company was able to inform the hydrocarbons agency that it would withdraw from the arbitration claim in exchange for it modifying (postponing) the minimum work program from lot XXIII.

This occurred on March 15, 2023. On the 30th of the same month, the workgroup created by Perúpetro to evaluate the case concluded that Upland’s proposal was admissible.

Three days later, the general manager of Perupetro to sign a new document that avoided the termination of the contract for lot XXIII for “non-compliance with the obligation of the minimum work program and the consequent execution of the guarantee letter for US$ 3.39 million”says Morante.

This, when arbitration was going from strength to strength for the State and was under the tutelage of the State Coordination and Response System in International Investment Disputes – SICRECI-.

But everything doesn’t end there. In the interim (March 2023) and when arbitration was underway, the president of Perupetro invited Upland to participate in the selection process of ‘the most ‘ideal’ for him lot 8 (Loreto).

That is, to a company in litigation with the Peruvian Statewhich has failed to fulfill its investment commitment in lot XXIII and, furthermore, does not produce a single barrel of oil.

To avoid possible criticism, the hydrocarbons agency would have extended the date for submitting offers for lot 8 until May 22. This with the alleged intention of giving Upland time to withdraw its claim before ICSID.

In fact, the oil company presented its withdrawal request on May 22, but the process was only closed on June 1, the date on which the international court issued the respective archiving resolution.

“This means that the conflict of interest remained throughout the contest.”remarks Morante.

This Diary has found out that Upland is still in the running for lot 8, while Petrotalthe country’s first crude oil producer with 20 thousand barrels per day, has been disqualified.

As if this were not enough, Morante has found that Jorge Rivera, owner of Upland, is also a shareholder and representative in Peru of Energy Transfera North American transnational that seeks to develop the SIT-Gasformerly a South Peruvian gas pipeline.

In fact, Rivera was part of the Energy Transfer delegation that met last August with the Minister of Energy and Mines, Oscar Vera, to discuss “Peru’s potential to develop new investment projects in natural gas and hydrocarbons“, according to the account of Linkedin of Minem.

Finally, this Diary learned that a company related to Upland has been invited to participate by Petroperú in the exploitation of the lots I, VI and Z-69which will temporarily revert to Petroperú while Perupetro organizes an international tender.

Is about Environmental Energy Servicesa company managed by Ana Katerina Rivera, who appears as an assistant manager at Upland.

For all these reasons, Morante calls the attention of the Comptroller’s Office and the Prosecutor’s Office to carry out an exhaustive and rigorous investigation of this situation that “involves the oil contracts of lot XXIII, lot 8 and a possible participation in the South Peruvian Gasoduct”.

This Diary He contacted the president of Perúpetro, Isabel Tafur, to offer her version on this thorny issue, but she declined to respond.