CURRICULUM VITAE
NAME
Brent D Kinney
ADDRESS
P. O. Box 211247
Dubai
United Arab Emirates
CONTACTS
+971 4 360 9483 Phone
+971 50 657 9627 GSM
NATIONALITY
Canadian
LANGUAGE
English
EDUCATION
B.Sc. (Geology) University of Manitoba, Canada
LL B, University of Manitoba, Canada
Diploma International Commercial Arbitration Queen Mary University England
MEMBERSHIPS
Association of International Petroleum Negotiators
Canadian Bar Association
Law Society of Alberta, Canada
Law Society of England and Wales
Law Society of Hong Kong
DIRECTORSHIPS
Husky Energy Inc
Dragon Oil plc
Western Copper Corporation
Benchmark Energy Corp.
Sky Petroleum Inc.
PUBLICATIONS &
PRESENTATIONS
- Iran Buy Back Contracts – PSC Roundtable – Langkawi Malaysia January 2000
- LNG Projects: The Contract Terms and Legal Issues Natural Gas & Power Generation Seminar – Hong Kong May 1995
- Dispute Resolution in International Petroleum Agreements - PSC's Indonesia - Recent Developments Seminar - Jakarta April 1995
- Production Sharing in China - Asia Oil & Gas Forum'95 - Houston, Texas April 1995
- China's Hydrocarbon Law - Institute for International Research Seminar - Calgary Alberta November 1994
- Production Sharing Contracts in Indonesia - Institute for International Research Seminar - Calgary Alberta November 1994
- China's Petroleum Laws & Model Contract Terms - published in International Oil & Gas Law & Taxation Review August 1994 and Petroleum Accounting and Financial Management Journal summer 1994
- Structuring Mergers & Acquisitions in the Canadian Oil Patch Insight Seminars - January 1991
- A Lawyers Look at Engineering Evaluation Reports -Canadian Association of Petroleum Engineers Conference - 1990
EMPLOYMENT HISTORY
Sept 2000 To Present Independent businessman and legal advisor to the upstream oil & gas sector principally in Africa and the Middle East.
June 1998 To Sept 2000 retained as a consultant to Renaissance Energy Ltd to seek international energy opportunities in the Middle East which ended with the merger of Renaissance and Husky.
Oct 1993 To June 1998 I accepted an offer from Clyde & Co, an international law firm based in London, to join the energy group. I was based in the Hong Kong office working mainly on projects in Mainland China and Indonesia until March 1996 when I relocated to the Middle East Regional Office in Dubai United Arab Emirates.
Sept 1991 To Sept1993 In September 1991 I accepted a two year contract with the legal department of Qatar General Petroleum Corporation (QGPC) to assist in negotiating and drafting its international joint venture and production sharing agreements and to advise on project financing documentation. With a professional staff of two, I was responsible for the legal aspects of all international agreements negotiated by QGPC and was a member of the negotiating team on all international transactions. During the two years several production sharing contracts were negotiated however the majority of my time was spent on the MTBE/methanol and LNG projects.
1980 - 1991 I took a leave of absence in September 1991 from Burnet Duckworth & Palmer Calgary Alberta Canada, a full service law firm with a professional staff of eighty to accept the offer from QGPC. My practice was restricted to corporate and commercial matters and the client base was mainly publicly listed petroleum companies. The work entailed share and asset acquisitions and divestitures, mergers and amalgamations, joint ventures and partnerships, private placements and public offerings of securities and corporate compliance matters. During this period there were a significant number of corporate reorganizations and take-overs with debt restructurings in which I represented both lenders and borrowers. I also advised several mining clients and I have a reasonable background in this industry and its deal structures. Many of the transactions had a cross border component with the US and the US securities rules are generally familiar to me. I had a good exposure to the production sharing contracts of a number of countries over the ten years, which partly accounts for the offer to go to Qatar.
1970 - 1980 Served articles of clerkship with an became a partner of Nesbit Beaumont Barristers & Solicitors Calgary Alberta a law firm with twenty five professional staff. My practice was mainly real estate related although in the first few years I spent significant time in court as my articles were to a barrister.
Personal Attributes
- Broad exposure to both the Middle East and Asian cultures
- Experience in negotiating and documenting transactions in jurisdictions where laws are poorly developed
- General understanding of Shariah law (the law based on the Koran)
- Experience in dealing with bureaucrats holding vast discretionary powers from which there is little or no appeal
- Negotiating agreements and generally doing business through the use of interpreters
- Ability to recognize that perseverance and persistence are necessary in the developing world to conclude any negotiations with an agreement
- Ten years of litigation and arbitration experience
- A good understanding of accounting, corporate and asset evaluation, project economics and net present value theory
- A broad legal background that encompasses the legal areas of banking, corporate finance, corporate reorganization and receivership, mining and international trading as well as petroleum
- A broad exposure to the petroleum industry from acquiring exploration rights upstream to petrochemical plant operations downstream
- Good understanding of the various petroleum regimes throughout the world and familiarity with the production sharing contracts in the Middle East and Asia.
Experience
- Advised one of the Peoples Republic of China state owned petroleum companies relating to assets in Africa and the Middle East
- Assisted a Dubai based Iranian state enterprise in structuring a transaction to convert to a joint venture with western sourced finance
- Advised various independent oil companies on entry to Tunisia
- Advised a US based gold mining group in privately placing finance with international investors to develop a gold mine in Mexico..
- Advised and conducted due diligence with respect to converting an existing joint venture agreement to a production sharing agreement to conform to the new Petroleum Law of Turkmenistan.
- Negotiated a “buy back” agreement on behalf of a joint venture between a major Canadian exploration company and a group of Middle East investors in the Islamic Republic of Iran.
- Represented an Australian production company with proven gas reserves in Indonesia to jointly develop the reserves and produce the gas to a gas fired power plant which was part of the overall development.
- Advised a US company that had a production sharing contract in Mongolia in negotiations with China National Petroleum Corporation (CNPC) to farm-in to the PSC and agree to off-take surplus crude oil production.
- Advised a Hong Kong listed exploration and production company in acquiring assets in Indonesia from a Canadian vendor
- Advised a Canadian company to organize in offshore jurisdictions concurrently with negotiating a horizontal well drilling joint venture program with CNPC.
- Advised QGPC on the withdrawal of British Petroleum from the Qatar Gas LNG project and the introduction of Mobil Oil. The joint venture agreement and other project documents had to be renegotiated and redrafted as the terms were significantly amended on Mobil's introduction.
- Advised QGPC on the legal aspects of the project finance documentation for the Qatar Gas LNG project. The project finance involved an international bank syndicate and three export credit agencies.
- Advised QGPC on the term loan financing documentation for a US $400 million loan for construction of the Ras Laffan port facility with an Italian bank syndicate and the Italian export credit agency.
- Advised QGPC on setting up the Ras Laffan LNG joint venture with Mobil Oil. This was the world's largest greenfield LNG project at the time.
- Advised QGPC on the reorganization of Qatar Fuel Additives Company Ltd (an MTBE/Methanol plant joint venture) to enhance the project's bankability.
- Advised QGPC on structuring the Eurogas LNG joint venture with SNAM which involved negotiating and drafting all project agreements.
- Revised the model Production Sharing Contract for QGPC to make it conform with international models.
- Advised on and drafted LNG purchase contracts with buyers in Japan, Korea and Taiwan.
- Represented a Canadian insurance company on its numerous acquisitions of producing petroleum properties in Canada.
- Negotiated and drafted gas purchase agreements for the long term supply of natural gas on a take or pay basis.
- Represented both Canadian and US production companies on acquisitions and divestures of Canadian petroleum assets both as asset transactions and share transactions.
- Advised Canadian production companies "in carving out" cash flow to market on a rate or return basis to Canadian purchasers with significant loss carry forwards.
- Negotiated and drafted the documentation to form a joint venture between a major Canadian exploration company and a number of Canadian investment funds in a transaction whereby the tax deduction generated by the exploration flowed through to the individuals who had contributed to the Fund.
- Advised a Canadian petroleum production company on the acquisition of a large financially distressed Canadian production company which involved reorganization of the vendor's debt and equity and new financing for the purchaser in a complicated series of transactions to ensure maximum income tax efficiency.
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