The World Bank Group on Wednesday announced a three-year debarment with conditional release of an individual consultant in connection with a corrupt practice as part of the Petroleum Governance and Management Project in Guyana.
A release from the World Bank said that the debarment makes Carlos Barberán Diez, a Spanish national, and his controlled affiliates, AC Oil & Gas SL and AC Oil & Gas Emirates LLC, ineligible to participate in projects and operations financed by institutions of the World Bank Group. The release said it is part of a settlement agreement under which Barberán Diez acknowledges culpability for the underlying sanctionable practice and agrees to meet specified integrity compliance conditions as a condition for release from debarment.
The release noted that the project provides financing to support the enhancement of Guyana’s legal and institutional frameworks and the strengthening of the capacity of key institutions to manage the oil and gas sector in Guyana.
“According to the facts of the case, in 2020, Mr. Barberán Diez approached four consulting companies involved in the oil and gas business and used his position in the project to directly offer his services and solicit future payments from each of these companies. In exchange, he offered to influence procurement processes under the project in their favor. Although INT (Integrity Vice Presidency) found no evidence of payments made to Mr. Barberán Diez by any of these companies, such a solicitation constitutes a corrupt practice under the World Bank’s Procurement Regulations and Anti-Corruption Guidelines.
“The settlement agreement provides for a reduced period of debarment in light of Mr. Barberán Diez’s cooperation and voluntary remedial actions. As a condition for release from sanction, under the terms of the settlement agreement, Mr. Barberán Diez commits to undertake corporate ethics training. In addition, any affiliate that Mr. Barberán currently controls or comes to control, directly or indirectly, during the period of World Bank Group sanction will be required to implement appropriate integrity compliance measures in consultation with the World Bank Group Integrity Compliance Officer. Mr. Barberán Diez also commits to continue to fully cooperate with the World Bank Group Integrity Vice Presidency”, the release said.
The release added that the debarment of Barberán Diez and his affiliates qualifies for cross-debarment by other multilateral development banks (MDBs) under the Agreement for Mutual Enforcement of Debarment Decisions that was signed on April 9, 2010.
Barberán Diez’s LinkedIn page lists him as based in Dubai, United Arab Emirates. Guyana is listed in his consultancies along with Senegal, Mauritania, Benin-Togo, Mozambique, Ghana, Ecuador and India.
In his own words he said: “After more than 27 years in the LNG and Oil&Gas sector (among other positions I was the CEO of GDF-Suez in Spain during more than 7 years), I am currently doing consulting for many players mainly in LNG-NG and Gas-to-Power, as well as having participated as an expert in more than 8 arbitration-litigation process of reopener contracts of natural gas and LNG, and this all around the world including Asia, ME, Europe, Africa and Latinamerica. Having participate in more than 30 LNG/NG SPA negotiations and drafting.
“Acting also as broker for LNG and other Oil commodities transactions. More specifically, and together with some partners, we have conducted several studies on the behaviour of all utilities all around the world linked to their SPA supply contracts and arbitrages spot Gas-Gas and Gas-Power (global LNG and NG value chain).
“I also participated in several projects related to Oil&Gas Upstream, LNG Trading-Shipping and Trading Floor, and regasification terminal projects all around the World.
“On the other hand, and linked to the Power market, I was who negotiated the tolling agreement and structure between GDF and AES for the CCGT of 1200 MWe in Escombreras and I oversaw some due diligences of power plants of various technologies in its technical and economical aspect (EPC, O&M, economical model and business plan…), and I was involved in the due diligence of the ENDESA’s selling process to EON.
“I am also involved in several global projects in the energy sector in Africa and Asia with regard to its initial regulation and legislation for implementing a liberalised market and promote energy development. I had also experienced in this geographical area due to my last job in Aretech Solutions with several projects in Angola (LNG liquefaction terminal among others).
“Other projects: Renewable Energies both in Spain (solar thermal and photovoltaic, wind and biomass) and Africa (biodiesel in the upstream supply chain of raw material)”.
The government here has been cautioned about the risk of procurement corruption and other malpractices associated with the burgeoning oil and gas industry.