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Overview

China Development Bank provides $10 billion loan for oil exploration in the Santos Basin

Commitments (Constant USD, 2023)$13,873,177,697
Commitment Year2009Country of ActivityBrazilDirect Recipient Country of IncorporationBrazilSectorIndustry, Mining, ConstructionFlow TypeLoan

Status

Project lifecycle

Completion

Pipeline: PledgePipeline: CommitmentImplementationCompletion

Timeline

Key dates

Commitment date
Nov 3, 2009
Last repayment
Dec 30, 2018

Geospatial footprint

Map overview

Visualizes the AidData-provided feature geometry for this project.

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More detailed locational information can be found at https://geohack.toolforge.org/geohack.php?pagename=Santos_Basin&params=26_6_22_S_43_43_45_W_ and https://en.wikipedia.org/wiki/Santos_Basin

Stakeholders

Organizations involved in projects and activities supported by financial and in-kind transfers from Chinese government and state-owned entities

Ultimate beneficial owners

At least 25% host country ownership

Funding agencies

State-owned Policy Banks

  • China Development Bank (CDB)

Receiving agencies

State-owned companies

  • Petróleo Brasileiro S.A. (Petrobras)

Implementing agencies

State-owned companies

  • China Petroleum & Chemical Corporation (Sinopec Ltd.)
  • Petróleo Brasileiro S.A. (Petrobras)

Collateral providers

State-owned companies

  • Petróleo Brasileiro S.A. (Petrobras)

Loan desecription

China Development Bank provides $10 billion loan for oil exploration in the Santos Basin

Grant element23.1354%Interest rate (t₀)3.36219%Interest typeVariable Interest RateMaturity10 years

Collateral

As collateral for the loan, Petrobras signed a ten-year oil supply contract (offtake agreement) with UNIPEC Asia Ltd. on or about May 19, 2009. Petrobras agreed to sell UNIPEC Asia Ltd. 150,000 barrels of oil per day in the first year (2009) and 200,000 barrels per day for the following nine years (2010-2019). UNIPEC Asia Ltd. agreed to pay market prices for the oil and deposit payments for the oil into a collection (escrow) account at China Development Bank (CDB) opened on behalf of Petrobras. CDB was granted the right to directly debit cash funds from the pledged collection (escrow) account to secure repayment of principal, interest and other amounts payable under the loan agreement. An Account Charge Agreement was signed by Petrobras (Pledger) and CDB (Pledge Holder) on November 3, 2009, whereby Petrobras made a pledge in favor of CDB of the cash deposited in the collection account and a debt service reserve account (with a minimum account balance equivalent to six months of interest payments under the loan agreement). Separately, under an Assignment of Receivables Agreement that was signed on November 3, 2009, Petrobras (as Assignor) assigned revenue recovery right with respect to oil sales under the 2009 oil supply contract between Petrobras and UNIPEC Asia Ltd. to CDB (Assignee) in order to secure Petrobras' repayment obligations under the loan agreement with CDB.

Narrative

Full Description

Project narrative

On November 3, 2009, the China Development Bank (CDB) and Petroleo Brasileiro S.A.(Petrobras) signed a $10 billion facilities agreement for the exploration of the Santos Basin pre-salt oil fields. The loan carried a 10-year maturity and an annual interest rate of LIBOR plus a 2.8% margin. As a source of collateral, Petrobras signed a ten-year oil-supply contract with Sinopec’s (subsidiary) trading company, UNIPEC Asia, and agreed to provide 150,000 barrels per day in the first year (2009) and 200,000 barrels per day for the following nine years (2010-2019). Sinopec agreed to pay market prices for Petrobras’ oil and deposit payments for the oil in Petrobras’ CDB account, and the borrower (Petrobras) agreed to maintain a minimum account balance equivalent to six months of interest payments. As of December 31, 2009, the borrower had drawn down $3 billion under the facilities agreement. Then, on February 10, 2010, Petrobras withdrew an additional $2 billion under the facilities agreement. The borrower ultimately drew down $7 billion in total under the facilities agreement. The principal amount outstanding ($2.8 billion) under the credit line was repaid in full on January 30, 2018. It was originally envisaged that $3 billion from the credit line would be utilized to purchase Chinese equipment. However, Petrobras ultimately decided not to do so. The loan proceeds were to be used by the borrower for oil exploration activities in the Santos Basin, which was part of a larger effort to upgrade the refinery capabilities of Petrobras. Sinopec — a Chinese state-owned oil company — and Petrobras were jointly responsible for implementing the project. In January 2018, Petrobras pre-paid the residual balance of the oil supply contract, effectively ending its oil sales commitment to Sinopec.

Staff comments

1. Most of China’s oil-backed loan agreements involve a bank, a borrower, and oil seller, and an oil buyer (trading firm). An oil company in the borrower country must sell a certain number of barrels during a specific period, and payments for the oil are sent directly to the bank. Therefore, the borrower uses the proceeds of oil sales to meet its loan repayment obligations. 2. One source (https://www.ipea.gov.br/revistas/index.php/rtm/article/download/258/257) suggests that Petrobras contracted an additional $3 billion CDB loan with a 10-year maturity in 2014. However, AidData has not yet independently corroborated the existence of such a loan. This issue requires further investigation. More research is also needed to determine if the 2014 loan served as a ‘replacement’ for the $3 billion that Petrobras chose not to utilize under the $10 billion line of credit from 2009. 3. The account charge agreements and assignment of receivables agreement that underpin the borrowing arrangement between Petrobras and CDB can be accessed via https://www.dropbox.com/s/fb82y6zn1cwn6ym/3%20November%202009%20Petrobras%20CDB%20Account%20Charge%20Agreement%201.pdf?dl=0 and https://www.dropbox.com/s/0gat12162p7wnnt/3%20November%202009%20Petrobras%20CDB%20Account%20Charge%20Agreement%202.pdf?dl=0 and https://www.dropbox.com/s/pnsito7jq20vsi2/Assignment%20of%20receivables%20agreement%20for%20Petrobras%20CDB%20loan.pdf?dl=0. 4. On April 1, 2015, the China Development Bank issued another $5 billion loan to Petrobras for oil exploration activities (as captured via Record ID#38170 and ID#52918). 5. Some sources indicate that the term facility agreements (subsidiary loan agreements) -- issued through the $10 billion line of credit -- were signed on May 19, 2009. This issue warrants further investigation. 6. AidData has estimated the all-in interest rate (3.317%) by adding 2.8% to average 6-month LIBOR in November 2009 (0.517%).