News & Analysis as of

Crude Oil Exports: A View from the 114th Congress

The 114th Congress convened January 3 with energy at the top of its agenda. Both the House and the Senate kicked off the new session with approval of the Keystone XL Pipeline. That was just the start. Senator Lisa Murkowski...more

U.S. Government Agency Narrows Scope of Crude Oil Export Ban

On December 30, 2014, the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") issued answers to six FAQs regarding the longstanding U.S. crude export oil ban. In these FAQs, BIS stated that lease condensate...more

The Top 10 Questions Facing the LNG Industry in 2015

The only constant in the LNG industry again appears to be change – unpredictable change. The LNG supply and demand balance shifted in 2014 as LNG supply appears, at least temporarily, to have surpassed demand. Other...more

The “LNG Permitting Certainty and Transparency Act”— A Positive Step Toward Expediting U.S. LNG Export Projects

Restrictive regulations and permitting processes that operate at glacial speed (as opposed to market speed) pose the primary hurdles to greater U.S. exports of liquefied natural gas (LNG). In response to a chorus of...more

Change Your Entire Energy Export Policy Using This One Weird Trick! BIS “Clarifies” Short Supply Controls to Make Oil Exporting...

On December 30 the Commerce Department shifted the oil export landscape as it had existed for 40 years, with only a little administrative sleight-of-hand. ...more

Trade-Related Energy Issues at Forefront of Political Debate in 2015

When the 114th U.S. Congress convenes this month, two key trade-related energy issues will be near the top of its agenda. First, the U.S. Senate is expected to vote on a bill that would authorize construction of the Keystone...more

BIS Addresses 'Commingling' in Crude Oil Exports

On December 30, 2014, the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) issued its first-ever published guidance on the Short Supply Controls, the regulations that limit the export of crude oil out of...more

Commerce Department Clarifies Rules on Exports of Lease Condensate

On December 30, 2014, the Commerce Department issued new Frequently Asked Questions on exports of “Crude Oil and Petroleum Products,” the responses to which make it clear that certain types of lease condensate are eligible,...more

U.S. Government Provides Guidance Regarding Certain Temporary Aviation-Related Iran Sanctions Relief

As previously advised, on January 20, 2014, Iran and the group of nations known as the P5+1 (United States, U.K., France, Russia, China and Germany) implemented a Joint Plan of Action (JPOA) whereby Iran agreed to accept...more

Amendments to EU Sanctions against Russia

The EU adopted amendments to the current EU sanctions against Russia on 4 December 2014. These amendments are implemented via Council Regulation (EU) No 833/2014 (as amended) (“Regulation 833/2014”). They are intended to both...more

New Senate Bill Significantly Expands U.S. Sanctions Against Russia

The bill, if passed, would impose severe sanctions on “foreign persons” that make significant investments in Russian crude oil projects....more

Texas Condensate to Be Exported Without Prior Approval, Testing Federal Limits

On November 5, the Wall Street Journal reported that Australian-based BHP Billiton Ltd. would begin exports from the United States of lightly refined natural gas condensates produced in the United States. In contrast to...more

Condensate Exports Raise Compliance Questions for Purchasers

Recent press reports covering the sale and export of lightly processed condensate from the Eagle Ford Shale have characterized such transactions as a major test to the four-decade-long ban on crude oil exports, and a sign...more

MARAD Issues Proposed Policy on Oil and Gas Exports from Offshore Facilities

On Oct. 16, 2014, the Maritime Administration (MARAD) issued a notice in the Federal Register seeking public comments on proposed policies regarding the review and processing of applications for the export of oil and natural...more

Trade & Manufacturing - News of Note - October 2014

Department Of Energy Issues Final Approvals For LNG Exports To Non-FTA Countries From Two Terminals - On September 10, 2014, the U.S. Department of Energy (DOE) issued licenses to Cameron LNG and Carib LNG to export...more

Exporting compressed natural gas from the US

In a divided opinion, the Federal Energy Regulatory Commission has found that it does not have jurisdiction over facilities proposed by Emera CNG, LLC to compress natural gas for export to the Bahamas by ship....more

The Future of Liquefied Natural Gas (LNG) Exports under the Department of Energy’s Revised Review Process

During the last two years, we have seen the U.S. Department of Energy (“DOE”) pick up the pace in granting conditional authorizations for companies to export liquefied natural gas (“LNG”) to countries that do not have a Free...more

U.S. Export-Import Bank Financing of Australian LNG Project Avoids Endangered Species Act Challenge – For Now

In the K&L Gates’ Global Government Solutions 2014 Annual Outlook, we reported on a case filed in the U.S. District Court for the Northern District of California raising questions about whether inter-agency consultations...more

New EU Sanctions Target Russian Oil Sector, State-Owned Banks and Military Exports

The European Union (EU) enacted Council Regulation (EU) No 833/2014 (the Regulation), which contains ‘Stage 3’ sanctions against Russia. These sanctions resemble – but in other ways are different – from the latest US...more

"US Imposes New Licensing Requirements on Exports to Russia of Oil and Gas Equipment and ‘Dual-Use’ Items"

On August 6, 2014, in response to continuing developments in Ukraine, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published a new final rule that significantly expands restrictions on U.S. exports to...more

U.S. Department of Commerce Implements New Russian Oil and Gas Sanctions

The sanctions directly affect companies involved in Russia's oil and gas industries by imposing new export license requirements....more

Will the Commerce Department’s Approval to Export Condensate Change the World?

The reporting in late June of the Commerce Department’s private rulings that authorized two companies to export condensate has ignited discussions regarding the real prospect of changes in U.S. oil export policy. Industry...more

High Level Of U.S. Oil Production Leads To Increased Focus On Exports

Recent news reports present conflicting views on the United States' ranking in world oil production. Some reports say that the United States has become the largest oil producer in the world, surpassing energy-rich countries...more

Trade & Manufacturing - August 2014

In This Issue: - High Level Of U.S. Oil Production Leads To Increased Focus On Exports - Oil Country Tubular Goods Orders Are Much More Likely As Domestic Industry Gains From The Department of Commerce’s Final...more

Ukraine Crisis Update: EU Enacts Sanctions Targeting Military Exports, Oil Sector and State-Owned Banks

The EU’s “Stage 3” sanctions restrict exports to the Russian military, exports of certain technologies for the oil industry, and certain Russian State-owned banks’ access to EU capital markets. New EU Measures Target...more

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