30 November 2013

Position Paper ECON740: The ETP NKEA for the Oil & Gas Industry is not supporting the Bumiputera Economic Agenda



Introduction

With much hype on the Economic Transformation Plan (ETP), announced by the Malaysian Government under the leadership of Prime Minister Datuk Seri Najib, as well as the importance to have effective delivery system through the GLCs, one may question whether the stakeholders are putting the Bumiputera Economic Agenda in their planning, or even make it among their priorities.

We shall take a look at what’s what and who’s who in the current economic discussions and heated debates as well as accusations on many sides of the equations of the Bumiputera Economic Agenda, focusing on the Oil & Gas industry.

After elucidating all the facts and figures as well as from the writer’s own personal involvement in the Oil & Gas industry in Malaysia, we will make an attempt to make a clear position on whether the ETP National Key Economic Areas (NKEA) for the Oil & Gas Industry is not supporting the Bumiputera Economic Agenda, or otherwise.

The ETP, NKEA OGE and the EPPs Explained 

The Economic Transformation Program (ETP) is an initiative by the Malaysian government under the New Economic Model (NEM) to turn Malaysia into a high income economy by the year of 2020. It is managed by an agency under the Prime Minister Department of Malaysia.

Launched on 21st September 2010, the ETP is a comprehensive economic transformation plan to propel Malaysia's economy into high income economy. The program will lift Malaysia's Gross National Income (GNI) to US$523 billion by 2020, and raise per capita income from US$6,700 to at least US$15,000, meeting the World Bank's threshold for high income nation.

Various sectors for development have been identified and are called National Key Economic Areas (NKEA). There are 12 identified NKEAs will be the key driver to the success of this program as such activities have the potential to contribute significantly to the growth of the economy of Malaysia.
One of the NKEA is the Oil, Gas and Energy (OGE) sector. As of 2010 the energy sector has been an important part of Malaysia’s economic growth and constitutes about 20 percent of Gross Domestic Product (GDP).

The Malaysian government plans to increase diversification of the energy industry, increase exploration for new oil and gas resources as well as enhancing production from known reserves. The government is working to meet these goals of what it calls "entry point projects" or EPPs. The government wants the energy sectors contribution to GNI to rise from RM110 billion in 2009 to RM241 billion in 2020. Achieving these goals will require RM218 billion in funding, of which PETRONAS will be contributing to the most of it through the EPPs.

The Roles of PETRONAS in the Oil & Gas Sector

PETRONAS (Petroliam Nasional Berhad) was founded on 17th August 1974. Wholly owned by the Government of Malaysia, the corporation is the custodian of the entire oil and gas resources in Malaysia and is entrusted with the responsibility of developing and adding value to these resources. PETRONAS is ranked among Fortune Global 500's largest corporations in the world. Fortune ranks PETRONAS as the 68th largest company in the world in 2012. It also ranks PETRONAS as the 12th most profitable company in the world and the most profitable in Asia.

Since its incorporation, PETRONAS has grown to be an integrated international oil and gas company with business interests in 35 countries. As of the end of March 2005, the PETRONAS Group comprised 103 wholly owned subsidiaries, 19 partly owned outfits and 57 associated companies. Together, these companies make the PETRONAS Group, which is involved in various oil and gas based activities. The Financial Times has identified PETRONAS as one of the "new seven sisters" the most influential and mainly state-owned national oil and gas companies.

The PETRONAS group is engaged in a wide spectrum of petroleum activities, including upstream exploration and production of oil and gas to downstream oil refining and others.
PETRONAS is such a very important entity that provides a substantial source of income for the Malaysian Government, with estimated of about 45% of the government's budget dependent on PETRONAS' dividend.

For the ETP NKEA for OGE, PETRONAS will invest substantially to carry out the EPPs projects and increasing exploration activities for new oil and gas resources as well as enhancing production from known reserves.

The GLCs, GLICs and PETRONAS

The Government Linked Companies or GLCs are defined as companies that have a primary commercial objective and in which the Malaysian Government has a direct controlling stake. Controlling stake refers to the Government’s ability (not just percentage ownership) to appoint Board of Directors (BOD) members, senior management, make major decisions such as contract awards, strategy, restructuring and financing, acquisitions and divestments etc. for GLCs either directly or through the Government-Linked Investment Companies  or GLICs.

Whereas, the GLICs are defined as the Federal Government linked investment companies that allocate some or all of their funds to GLC investments. The Federal Government will have influence in the appointing and approving BOD members and senior management, and having these individuals report directly to the Government, as well as providing funds for operations  and guaranteeing capital placed by unit holders.

The transformation of GLCs into high-performing entities is critical for the future prosperity of Malaysia as the GLCs constitute a significant part of the economic structure of the nation. GLCs employ an estimated 5% of the national workforce and account for approximately 36% and 54% respectively of the market capitalisation of Bursa Malaysia and the benchmark Kuala Lumpur Composite Index. Even with active divestment and privatisation, GLCs remain the main service providers to the nation in key strategic utilities and services including electricity, telecommunications, postal services, airlines, airports, public transport, water and sewerage, banking and financial services.

While PETRONAS is not under the same category of the GLCs or GLICs mentioned above, it is by virtue the single most important GLC in Malaysia, with annual revenue of more than RM300 billion, which more than the total of the annual revenues of other GLCs and GLICs combined.

MTEM Laments at PETRONAS 

MTEM stands for Majlis Tindakan Ekonomi Melayu (Malay Economic Action Council), is the national umbrella organisation for the Malay economic-based NGOs. There are also about 120 of similar state level NGO organisations under MTEM, which represents more than 500,000 of ethnic Malay businesses. MTEM also acts a pressure group to ensure practical and amicable actions to be taken by the Government with regard to raise the level of socio-economics of the Bumiputera.

Upon the recent announcement of PETRONAS to award a RM10 billion worth of offshore hook-up, commissioning and maintenance services contract to six local service providers, MTEM cynically offered a congratulatory message to PETRONAS who has been ‘generous’ enough to make big announcement as well as media release in their corporate website, which is not the normal practice.

In their media release on 19th November 2013, according to MTEM, they are not really interested in questioning either in the legality or the ‘Malayness’ statuses of the so-called local service providers.
MTEM seems to be very interested in comparing the massive RM200 billion of capital expenditure in PETRONAS as the RM10 billion give away will be around 5% only. They argued that the message by the Prime Minister urging PETRONAS to disperse around RM100 billion for the Vendor Develop Program (VDP) for 22 work scopes through the Bumiputera economic enhancing program, was not taken to heed. Thus the RM10 billion will be too diminutive to be used as a comparison.

An initial reaction by PETRONAS to this accusation by MTEM was to have their own media release on the next day i.e. on 20th November 2013 by making announcement that PETRONAS has appointed 3 new Bumiputera vendors under its Vendor Development Program (VDP). 

PETRONAS go on stating that the VDP has the primary objective of creating resilient and competitive Bumiputera entrepreneurs in oil and gas-related manufacturing and technical services of medium and high technology with an import-substitution end-goal.  

PETRONAS however, seemed to again failed to provide justification on the reason why since the first VDP vendor in PETRONAS was appointed in 1994 (as of to date, some 79 VDP companies), and collectively they have over the years been awarded contracts worth more than RM7.5 billion, which again a very small figure comparatively.

MTEM went on to argue and echoing the Prime Minister urge that the success of the VDP program in any GLC companies, including PETRONAS will be used as the Key Performance Indicator (KPI) for its President and CEO. It seems that since Tan Sri Shamsul took over the PETRONAS leadership, he has seen to be less effective in the implementing this very important KPI.

The accusation by MTEM is equipped with facts and figures. As an example the Exploration & Production (E&P) work scopes as well as all the upstream activities such as Drilling & Completion, Seismic Monitoring and others are still being monopolised by foreign companies. Whereas the Development works such as Engineering, Design & Construction including the Hook Up Commissioning and Topside Major Maintenance, where previously were given to Bumiputera companies, now only for selected local companies only. To make it worst, PETRONAS has made it mandatory for the local companies to make joint venture exercise with foreign companies.

According to MTEM, of the 79 VDP companies mentioned by PETRONAS, what was left is only 11 companies. The 3 new additional VDP companies announced just one day after MTEM media release will not do any justice. 

MTEM believes that there are a lot more space for the Bumiputera contractors and suppliers to play their roles in PETRONAS. The VDP program for example should be strengthened and not systematically marginalised, and its implementation should be extended from 5 years to at least 10 years. This will provide chance for companies to implement effective and holistic business modules through sound investment, development and trainings.

MTEM is also urging PETRONAS to be more sincere and to have faith in the capability of the Bumiputera oil and gas entrepreneurs to carry out the complex and highly technical work scopes. The capability of Bumiputera entrepreneurs has been proven through many accolades received in the international arena where some of the Bumiputera companies successfully completed upstream projects with foreign oil and gas companies. These Bumiputera companies are well respected for their efficiency and competitive pricing offers. It is therefore very unfortunate that the very same companies are being sidelined by Malaysia own GLC i.e. PETRONAS.

PETRONAS’ Roles in Supporting the Bumiputera Agenda

In a slightly different tone, and not really taking cue of the MTEM claims, PETRONAS CEO and President Tan Sri Shamsul Azhar Abbas claimed that PETRONAS will continue in helping Bumiputera companies, but put a standard well known statement i.e. it will not award contracts to those with no track record in the oil and gas sector.

PETRONAS’ practice is not to sideline Bumiputera companies but awards projects to them based on merit, transparency and competency. Based on 2012 figures, according to PETRONAS they gave out RM52.48 billion in contracts to companies which were majority-owned by  the Bumiputera. It was almost double the RM29.35 billion awarded in 2011. In 2010, the total was RM25.97 billion.

Tan Sri Shamsul also said that while PETRONAS welcomed the participation from Bumiputera companies, it would not directly award projects to companies without oil and gas expertise and experience, as the operations and project delivery will be at risk in the hands of incompetent and inexperienced partners (read Bumiputera companies).

In a different twist to the issue brought by MTEM, PETRONAS said that they are currently working closely with those who wanted to improve and enhance their capabilities, such as the Malaysian Oil and Gas Services Council (MOGSC), an association of 430 members, of which 90% are Bumiputera companies.
This has been concurred by MOGSC president Sofiyan Yahya who in the opinion over the years more and more Bumiputera companies have changed their business strategy from just being agents to actually doing the job themselves. Sofiyan also said that its members found PETRONAS’ services exportable as they followed international standards.

He also dismissed claims that companies that could not secure jobs are caught in a chicken and egg situation, meaning that they cannot build a track record which is necessary to win contracts.
Sofiyan offered that those who held such views did not understand the nature and needs of the industry, where when a big contract is handed to an industry player, a whole range of services needed to be provided, for example, foreign oil majors in the country need to hire locals for support services and are rarely ever standalones.

Sofiyan argument is seen to be more from the actual implementing companies and from sub-contractors point of view, which could make a lot sense and more practical, compared to the macro view by MTEM.

In a similar fashion, the PETRONAS Chief Operating Officer (COO) Datuk Wan Zulkiflee Wan Ariffin said in 2012, about 75% of its contracts worth RM70 billion were awarded to majority owned Bumiputera companies. The numbers seems to be contradicted by the one given by Tan Sri Shamsul by about RM20 billion. In an even contradicting report, the New Straits Times (NST) has quoted that PETRONAS has always put in practice the equal opportunity by giving RM70 billion in contracts awarded to Malay-majority firms in 2012.

According to Datuk Wan Zulkiflee, PETRONAS has close to 4,500 licensed and registered vendors, 94% of which are Bumiputera companies.

He went on to say that to ensure that they will not be accused of cronyism practises, PETRONAS employed a Chief Integrity Officer (CIO) seconded from the Malaysia Anti-Corruption Commission and a few of its officers sit in our tender committee on key tenders. 

What both CEO and COO failed to mention was it is their KPI as the leaders in a GLC company to ensure the success of the VDP program in PETRONAS.

Tun Mahathir’s Point of View 

Whenever there are issues in the nation, it is very interesting to hear what Tun Dr Mahathir Mohamad our most respected senior statesman has to say. According to Dr Mahathir as a GLC, PETRONAS must toe the line and support government policies, in particular the New Economic Policy (NEP) which offers special rights to the Bumiputera community.

Dr Mahathir, who is also PETRONAS former adviser, insisted that the present government under Datuk Seri Najib Razak has yet to dismantle the NEP, a pro-Bumiputera affirmative action policy that was mooted in 1971 but implemented mostly during Dr Mahathir’s administration.

“The current government policy as far as I know, includes implementing the NEP. The government has not rejected the NEP. This means PETRONAS is also involved (in implementing the NEP),” the former prime minister told the press. But adding a disclaimer, Dr Mahathir said although Bumiputera firms should be accorded special treatment from PETRONAS, this must be based on merit.

“To protect (Bumiputera firms), it must be because of merits too. Those without any merit cannot be protected,” Dr Mahathir said.

Dr Mahathir was responding to the newspaper’s report recently on complaints from MTEM that several PETRONAS has begun sidelining Bumiputera-owned firms. He also informed that he too had received similar complaints and had passed along the concerns to the top management of PETRONAS.

“My work (as adviser), I’ve informed the PETRONAS President (Tan Sri Shamsul Azhar Abbas) about these issues (complaints that PETRONAS for sidelining Malays),” he was quoted as saying.

With regard to the NEP, it ended officially in 1990, but the key aspects of its Malay/Bumiputera-preferred action plan remains in various forms years later. When Datuk Seri Najib took on the reins of the country in 2009, he sought to burnish his reformist and liberalist image with pledges to revamp the administration, even introducing the New Economic Model (NEM) to replace the NEP.

The NEM was launched on 30th March 2010, with an eye on doubling the nation’s per capita income by the year 2020 to an estimated US$15,000 (RM49,500).

The three underlying themes of this dream were “high income, sustainability and inclusiveness”, as the Prime Minister stressed on the need to reduce fiscal disparity between the rich and poor without relying on affirmative action policies ala the NEM.

But faced with harsh objections from many within his own team, and even worse, from a large segment of the Malay-dominated Malaysian electorate, Najib has had to rollback on some of these pledges slowly over the years.

Just weeks before he sought re-election as UMNO president this year, the Prime Minister announced a new Bumiputera economic agenda, which some have termed as the “pro-Bumiputera NEM”, effectively giving the NEP a new lease on life.

The Government Announcement on the Bumiputera Economic Council

To quickly address the pressing issues mooted by MTEM and the corresponding lame responds from PETRONAS, the Government has announced new measures and strategies to empower the Bumiputera economy, with the Prime Minister himself heading the Bumiputera Economic Council (Majlis Ekonomi Bumiputera or MEB), which will be set up soon.

Najib said the MEB, will implement five main strategies as a continuation of the implementation of the Bumiputera economic empowerment agenda. He said the focus areas will include enhancing Bumiputera equity ownership in the corporate sector as well as asset ownership.

One of the main measures in this strategy is the setting of targets for all Chief Executive Officers (CEO) of government-linked companies (GLCs), including for projects awarded to vendors. This means that all GLC CEOs will have a KPI specifically on Bumiputera economic development in their job scope. In addition, in all government ministries, there will also be a Bumiputera Development Unit, responsible for formulating proposals and implementing Bumiputera agenda initiatives. With this announcement and measures, the CEOs like Tan Sri Shamsul will have to put priorities in the Bumiputera agenda, and not mere offering lip services.

The Government stressed that it will ensure the Bumiputera socio-economic development agenda is effectively implemented and the delivery system will also be strengthened to create an efficient, comprehensive and constructive ecosystem.

Further Observation and Conclusion  

The ETP is seen to be a forward looking economic plan by the Malaysian Government under the leadership of Datuk Seri Najib. The NKEA OGE in the ETP has sufficiently addressed the needs for the required holistic development in the sector which contributes more than 20% of the GDP.

PETRONAS is transforming itself from a National Oil Company (NOC) to a multinational integrated energy giants competing with the likes of Shell and ExxonMobil. PETRONAS has to be seen to be competitive and inclusiveness. 

However, being a wholly owned by the Malaysian Government, PETRONAS is in fact a GLC, and bound to advocate and support national interests. Among the top priority is to develop the Bumiputera economy to become resilient so that the majority population will close the apparent economic gap between the Bumiputera and the minorities especially from the Chinese ethnic.

Yes, it is acknowledged that the ETP National Key Economic Areas (NKEA) for the Oil & Gas Industry is a good platform to increase the economic cake, but on its own do not have the specific mechanism to support the Bumiputera Economic Agenda.

Most of the Bumiputera companies which involved in the Oil & Gas will be looking forward with full enthusiasm on the details of the MEB and the mechanism, the checks and balances, especially now the strengthening of the Bumiputera Economic Agenda will be put as the KPI for all GLCs and GLICs CEOs.

References

1.       www.pemandu.gov.my
2.       www.khazanah.com.my
3.       www.petronas.com.my
4.       www.mtem.my
5.       www.mogsc.org.my
6.       The New Straits Times
7.       The STAR
8.       The Edge
9.       Sinar Harian

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