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Saturday, May 22, 2010

Data Isu Perjanjian Malaysia dan Brunei (Tersurat dan Tersirat)


MALAYSIA'S GENEROSITY

Dr. Mahathir Mohamad
The Edge Financial Daily, an article by Joseph Chin (The Edge, April 22nd) as well as Brunei Times reported a substantial oil producing offshore area in the South China Sea, namely Block L and Block M, were no longer a part of Malaysia.
Malaysians and the Malaysian media did not ask how this came about. It would seem that the loss of a huge oil producing area that had apparently belonged to Malaysia is okay.
Block L and Block M had been claimed by Malaysia based on historical facts. Accordingly, Petronas entered into a production sharing contract with Murphy Oil to start drilling to produce oil. It is estimated that the reserves amounted to almost 1 billion barrels
Abdullah Badawi negotiated with the Sultan to get back Limbang in Sarawak. In return he agreed to surrender the two blocks to Brunei. No Petronas representatives were present, only foreign office staff and the foreign affairs adviser to the PM.
As we all know Abdullah triumphantly announced that he had settled the Limbang claim with Brunei (here). No mention was made of the two blocks.
Brunei disclaimed (here) that they had agreed to give up Limbang. The foreign office and Abdullah did not rebut Brunei's statement.
Now it is made clear that the two blocks are no longer a part of Malaysia.
Abdullah has caused Malaysia to lose at least US100 billion dollars (about RM320 billion) of Malaysia's oil in this agreement.
Can Wisma Putra please explain why it did not stop Abdullah



Two Murphy Oil-Petronas PSCs off Brunei terminated
Written by Chua Sue-Ann / Friday, 23 April 2010 11:00
KUALA LUMPUR: Murphy Oil Corporation’s production sharing contracts (PSC) for the offshore exploration areas designated as Blocks L and M have been terminated by Petroliam Nasional Bhd (Petronas) as they “are no longer a part of Malaysia”.
The El Dorado, Arkansas-based Murphy Oil announced to the New York Stock Exchange that the PSC was terminated after Malaysia and Brunei determined that the designated offshore areas were no longer a part of Malaysia.
“As a consequence, the production sharing contracts covering Blocks L and M, awarded in 2003 to Petronas Carigali Sdn Bhd and Murphy, were formally terminated by a letter dated April 7, 2010.
Murphy’s potential participation in replacement production sharing contracts covering these areas is under discussion,” it told the exchange on Wednesday.
Commenting on this development yesterday, AmResearch Sdn Bhd said the PSC cancellation was unlikely to affect news flow of oil and gas projects, which were already under development in Malaysia.
Together with an expected pick-up in pace of new contract awards overseas in India, Brazil and the Middle East over the next three quarters, we remain positive on the sector’s prospects,” it said.
The research house remains overweight on the sector with its top pick being SapuraCrest Petroleum Bhd, given its huge order book, improving execution capabilities, healthy balance sheet, high stock liquidity and presence of Seadrill as a substantial shareholder as well.
“We also like Kencana Petroleum, Coastal Contracts, Alam Maritim Resources, Tanjung Offshore, Dialog Group, Petronas Gas, Scomi Group and Wah Seong Corp. Our holds are KNM Group and Boustead Heavy Industries Corp,” it said.
The research house said the PSC termination was unlikely to affect Murphy’s current producing fields, which has been developed such as Kikeh block, which lies in Block K, not in the area under dispute with Brunei.
The second deepwater project Gumusut-Kakap and the next six projects — Malikai, Kebabangan, Jangas, Ubah Crest, Pisangan and Kamunsu — are also not in blocks L and M, it said.

“Recall that Murphy was the first to discover oil reserves in Kikeh in Block K offshore Sabah back in 2002, which marked a significant milestone for Malaysia’s venture into deepwater development.
Murphy Oil is the main operator of the deepwater oil fields with 80% interest while Petronas Carigali holds the balance 20% interest, it said.
AmResearch said Murphy’s Kikeh Field, located 110km offshore in water depths of 1.3km, had estimated oil reserves of between 400 million and 700 million barrels of oil equivalent (boe), or 13% of the nation’s FY09 oil reserves of 5.5 billion boe.
Kikeh was developed as a stand-alone facility with oil being produced from both subsea and dry tree wells on board a Truss Spar floating production platform hull and topside, it said.
The research house said Murphy had also continued its string of successful exploration on two blocks offshore Sarawak, adding natural gas discoveries at Pemanis, Serandah, Gasing, Wangsa, Tiram and Sapih during 2006.
“In 2008, Murphy discovered gas with a provisional estimate of one trillion cubic feet of gas in Block H, offshore Sabah,” it said.
This article appeared in The Edge Financial Daily, April 23, 2010.










MURPHY OIL CORPORATION ANNOUNCES TERMINATION OF PRODUCTION SHARING CONTRACTS FOR BLOCKS L AND M IN MALAYSIA
April 21, 2010
EL DORADO, Arkansas, April 21, 2010 – Murphy Oil Corporation (NYSE:MUR) announced that it has been informed by PETRONAS that following the execution of the Exchange of Letters between Malaysia and the Sultanate of Brunei on March 16, 2009, the offshore exploration areas designated as Block L and Block M are no longer a part of Malaysia. 
As a consequence, the production sharing contracts covering Blocks L and M, awarded in 2003 to PETRONAS Carigali Sdn Bhd and Murphy, were formally terminated by letter dated April 7, 2010. Murphy’s potential participation in replacement production sharing contracts covering these areas is under discussion
This press release contains forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995. These statements, which express management’s current views concerning future events or results, are subject to inherent risks and uncertainties. Factors that could cause actual results to differ materially from those expressed or implied in our forward-looking statements include, but are not limited to, the volatility and level of crude oil and natural gas prices, the level and success rate of our exploration programs, our ability to maintain production rates and replace reserves, political and regulatory instability, and uncontrollable natural hazards. For further discussion of risk factors, see Murphy’s 2009 Annual Report on Form 10-K on file with the U.S. Securities and Exchange Commission. Murphy undertakes no duty to publicly update or revise any forward-looking statements.










Murphy Oil block interests off Malaysia terminated

Apr 22, 2010
Eric Watkins
OGJ Oil Diplomacy Editor
 LOS ANGELES, Apr. 22 -- Murphy Oil Corp.’s interests in Blocks L and M off Malaysia have been terminated after resolution of a dispute with Brunei over control of the assets.

Murphy was informed by state-owned Petronas that the two blocks are no longer a part of the country following an agreement between Malaysia and the Sultanate of Brunei.
Murphy said its potential participation in replacement production-sharing contracts (PSCs) covering these areas is “under discussion.”
The announcement follows recent reports that the two southeast Asian countries are trying to implement an agreement made in March 2009 to establish a commercial arrangement area.

That agreement ended a dispute that erupted in 2003 when Petronas and Murphy were awarded two offshore leases, SB L and SB M. The blocks overlapped with Brunei's Blocks J and K, which had been awarded to Total SA and Royal Dutch Shell PLC.
In a recent report, the Economist Intelligence Unit noted that Brunei and Malaysia are “inching closer towards resolving their border disputes.
EIU noted in particular that “agreement on the land border could pave the way for a deal on the maritime border that would allow both countries to benefit from the discovery of new oil and gas deposits.”
 





Brunei may soon start drilling in Blocks J and K
Goh De No
BANDAR SERI BEGAWAN
Friday, April 23, 2010
BRUNEI can start drilling soon in offshore Blocks J and K as the Sultanate retains ownership of the two blocks under a deal made last year with the Malaysian government.
Second Minister of Foreign Affairs and Trade Pehin Orang Kaya Pekerma Dewa Dato Seri Setia Lim Jock Seng during a telephone interview yesterday confirmed this, adding that "this has been sorted out during last year's agreement and is nothing new".
Asked whether Brunei can start drilling in the offshore blocks soon, Pehin Dato Lim said "Yes".

US-based Murphy Oil Corporation released a press statement yesterday saying that Petroliam Nasional Bhd (Petronas) has terminated its production sharing contracts of Blocks L and M (referred to as Blocks J and K in Brunei) as the two blocks are no longer part of Malaysia.

"Following the execution of the Exchange of Letters between Malaysia and Brunei on March 16, 2009, the offshore exploration areas designated as Block L and Block M are no longer a part of Malaysia," the statement added.
Yves Grosjean, general manager of Total E&P Borneo BV and Total E&P Deep Offshore Borneo BV, in a telephone interview with The Brunei Times explained that Malaysia refers to Brunei's Blocks J and K as Blocks L and M.
"This could be very good news for us if what Murphy Oil writes is correct, Blocks J and K could be under Brunei's sovereign," he said, adding that they are awaiting more developments on the matter.
Grosjean also said that Brunei's Block J was previously commissioned to Murphy Oil under Petronas, but wasn't sure about Block K.
According to the petroleum map from the Brunei's Petroleum Unit, Block K was awarded in 2003 to a consortium made up of Shell Deepwater Borneo, Mitsubishi and ConocoPhilips.

During last month's State Legislative Council, Pehin Dato Lim said that Brunei and Malaysia would start talks to resolve the land border demarcation issue in April.
Pehin Dato Lim also noted the recent establishment of a joint technical committee that would finalise the formalities of the boundary demarcation.
The modalities of the final demarcation of land boundaries were included in the Letters of Exchange (LoE), signed by leaders of both countries in March last year. The LoE was intended to settle the long-standing land and maritime boundary issues between the two countries.

Grosjean in a previous interview said that Block J is projected to produce more than 150,000 to 200,000 barrels per day, adding that the magnitude of this growth would mean doubling oil production in Brunei.
"I think we are lucky. I'm very pleased (that Total was) chosen by the Bruneian government to explore Block J initially and we are pleased to have this relationship. Situations where there are disputed areas are not uncommon, especially in the oil industry or related to hydrocarbons. In actual fact, it usually takes a long time to come to a solution and the fact that we are about seven years into this situation, with positive signs of a conclusion this year, is something commendable for the Bruneian and Malaysian governments," he said, adding that working to an agreeable solution is not so common elsewhere in the world.
The Malaysian Embassy in Brunei could not be reached as of press time.
The Brunei Times











JOINT PRESS STATEMENT BY LEADERS ON THE OCCASION OF THE WORKING VISIT OF YAB DATO’ SERI ABDULLAH HAJI AHMAD BADAWI, PRIME MINISTER OF MALAYSIA TO BRUNEI DARUSSALAM ON 15-16 MARCH 2009
  1. Yang Amat Berhormat Dato’ Seri Abdullah Haji Ahmad Badawi, Prime Minister of Malaysia, made a Working Visit to Brunei Darussalam on 15 - 16 March 2009 at the invitation of His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah, Sultan and Yang Di-Pertuan of Brunei Darussalam.

  1. Both leaders held a four-eyed meeting at Istana Nurul Iman on 16 March 2009. The two leaders also signed an Exchange of Letters to mark the successful conclusion of negotiations which had been ongoing for many years on outstanding bilateral issues between the two countries, having regard to historical, legal and other relevant criteria acceptable to both sides.

  1. Both Leaders noted the agreement of their respective Governments on the key elements contained in the Exchange of Letters, which included the final delimitation of maritime boundaries between Brunei Darussalam and Malaysia, the establishment of Commercial Arrangement Area (CAA) in oil and gas, the modalities for the final demarcation of the land boundary between Brunei Darussalam and Malaysia and unsuspendable rights of maritime access for nationals and residents of Malaysia across Brunei’s maritime zones en route to and from their destination in Sarawak, Malaysia provided that Brunei’s laws and regulations are observed.

  1. The solution of the maritime delimitation issue ensures certainty with regard to the delimitation of the territorial seas, the continental shelf and the Exclusive Economic Zone of both countries. The two countries would be able to enforce their rules and regulations and embark on new developments in their respective maritime zones.

  1. The demarcation of the land boundaries between the two countries will be resolved on the basis of five (5) existing historical agreements between the Government of Brunei and the Government of Sarawak, and, as appropriate, the watershed principle. Hereafter, all issues pertaining to land boundaries of the two states shall be accordingly resolved.
  2. The Exchange of Letters marked a historic and momentous occasion for Brunei Darussalam and Malaysia. It reflected the two countries’ ability to reach a comprehensive, fair and equitable package solution in the larger interest of Brunei Darussalam and Malaysia.

  1. Both Leaders instructed relevant officials/representatives of Brunei Darussalam and Malaysia to expeditiously follow-up and monitor the full implementation of the provisions contained in the Exchange of Letters.
Both Leaders believe that the above-mentioned signing and exchange of letters will pave the way for the development of strategic partnership and closer collaboration between the two countries in all fields, especially trade and investment, energy and hydrocarbon resources, tourism, education, agriculture, infrastructure, banking, halal industry and people-to-people contacts with special focus on the Malaysian States of Sabah and Sarawak. The Leaders also believe that brotherly relations between Brunei Darussalam and Malaysia will contribute to the promotion of peace and prosperity in the region.
Bandar Seri Begawan
16 March 2009
11737r03

Brunei drops claim over Limbang in Sarawak (Update3)

By LEONG SHEN LI

Published: Monday March 16, 2009 MYT 1:00:00 PM
Updated: Monday March 16, 2009 MYT 4:56:20 PM

BANDAR SERI BEGAWAN: In a historic move, Brunei has officially dropped its long-standing claim over Sarawak's Limbang district, Prime Minister Datuk Seri Abdullah Ahmad Badawi said on Monday.
This was the result of the two countries resolving their various land and sea territorial disputes, he said.
"Brunei has decided to drop the Limbang issue and as a result, Limbang is part of Malaysian territory," he told a press conference with the Malaysian media at the Malaysian High Commission here.
"With this resolution, there are no more issues to haunt the close relationship between Brunei and Malaysia," he said.
The resolution was part of several disputes which were settled and sealed with the signing of Letters of Exchange by Abdullah and the Sultan of Brunei Sultan Hasannal Bolkiah at Istana Nurul Iman here on Monday.
The other disputes include questions over where the common maritime boundary of the two countries in the South China Sea should run, the rights to exploit potentially rich oil deposits in the disputed maritime territory, the right of movement by Malaysian vessels over Brunei waters and the demarcation of the common boundary of the two countries.
The dispute over Limbang can be traced back to the cession of the territory by Brunei to Sarawak's White Rajahs in 1890. The cession has been strongly disputed by the Sultanate which regarded the transfer as annexation by Sarawak.
The cession of Limbang resulted in a significant reduction of Bruneian territory and cut the sultanate into two parts.
On Monday, Abdullah thanked the Sultan for the resolution of the various disputes and especially that of Limbang.

He said bilateral relations between the two countries would now enter a new era.
On the points in the Letters of Exchange, Abdullah and the Sultan in a joint statement said they had reached agreement over the final maritime boundaries between the two countries in the South China Sea.
They also agreed to establish a "commercial arrangement area" where oil and gas revenue in the disputed area would be shared between the two countries. How much each country would get was however not disclosed.
The two countries also agreed to the existence of "unsuspendable rights of maritime access" which guaranteed the right of movement by Malaysia vessels through Bruneian territorial waters provided Brunei's laws and regulations are observed.
Lastly, the Letters of Exchange also established the methods to demarcate the land boundary between Brunei and Malaysia.
With the resolution of the maritime boundary delimitation issue, the leaders said the two countries would be able to embark on new developments in their respective areas.
The negotiations, which began in 1995, took 39 rounds of talks to reach resolution.
The dispute over maritime territory arose out of a 1979 map published by Malaysia which indicated that all deep sea territorial waters off the coast of Brunei belonged to Malaysia. The latest incident related to the dispute over maritime territory occurred in 2003 when Malaysia and Brunei awarded petroleum production-sharing contracts to four exploration blocks in the disputed area, close to where a 440 million-barrel discovery had been made the year before.
Petronas awarded its two blocks to US oild firm Murphy Oil while Brunei awarded one of its blocks to France's Total, BHP Billiton and Hess Corp and the othr to Shell, Mitsubishi and Conoco-Phillips.
Following the dispute, both countries agreed to stop drilling activities in the area. Earlier, before the signing ceremony, Abdullah had a four-eyed meeting with the Sultan at the Palace.
Sarawak Chief Minister Tan Sri Abdul Taib Mahmud said the resolution of the question over the ownership of Limbang would enable several projects in the Sarawak district, which could benefit Brunei to proceed.
He said one of them was the construction of a hydroelectric dam across the Sungai Limbang where electricity could be supplied to Brunei.
”This will bring Sarawak and Brunei closer together as we can supply electricity to Brunei,” he told a press conference at the Malaysia High Commission.
On whether the resolution of the Limbang question would bring about easier access between that district and the rest of Sarawak, Taib said the problem was more to do with finding a convenient practice for immigration and customs checks.
He said the two countries had already agreed to using indentity cards instead of passports and further fine-tuning of the procedures could enable easier passage of people passing through checkpoints on the Brunei-Malaysia border.
Limbang's road network is cut off from the rest of Sarawak and those travelling to the district have to pass through two border checkpoints.















Limbang issue was never discussed: Pehin Dato Lim

Ubaidillah Masli BANDAR SERI BEGAWAN Wednesday, March 18, 2009
THE Second Minister of Foreign Affairs and Trade Pehin Orang Kaya Pekerma Dewa Dato Seri Setia Lim Jock Seng yesterday clarified that the issue of territorial claims over Limbang was never discussed in the agreements signed on Monday, which resolved the "outstanding bilateral issues" between Brunei Darussalam and Malaysia.
"From a press report, (it was stated that) Brunei has accepted Malaysia's reported claim on Limbang or that it (Brunei) has dropped its claim (on Limbang). In actual fact, the issue of claims over Limbang was never discussed," Pehin Dato Lim said. "What was discussed is regarding the demarcation of land boundaries."

The second minister of foreign affairs and trade had been referring to statements reported by news publications which quoted Malaysian Prime Minister Dato' Seri Abdullah Hj Ahmad Badawi speaking to Malaysian reporters at a press conference, saying that Brunei had dropped all territorial claims over Limbang as a result of the signing of the Letters of Exchange (LoE).
"Brunei has decided to drop the Limbang issue and as a result, Limbang is part of Malaysian territory, Prime Minister Datuk Seri Abdullah Ahmad Badawi announced to Malaysian media," according to a report by Malaysian newspaper The Star yesterday.
However, Pehin Dato Lim neither confirmed nor denied the Malaysian premier's statement.
Pehin Dato Lim made the announcement during the afternoon session of yesterday's State Legislative Council meeting, where he reiterated the joint statement issued by the leaders of both nations regarding the signing of the LoE and its contents.
According to the statement, the documents included the "final delimitation of maritime boundaries" between Brunei Darussalam and Malaysia, the establishment of the Commercial Arrangement Area in oil and gas, the modalities for the final demarcation of the land boundaries between the two countries and the "unsuspendable rights of maritime access" for nationals and residents of Malaysia crossing Brunei maritime zones to and from Sarawak, provided that Brunei's laws and regulations are observed.

Quoting the joint statement, Pehin Dato Lim said that the demarcation of land boundaries would be resolved on the basis of five existing historical agreements between the governments of Brunei and Sarawak, and where appropriate, the watershed principle.
Also during the State Legislative Council Meeting, Dato Paduka Hj Puasa Orang Kaya Seri Pahlawan Tudin raised issues pertaining to problems, such as long traffic queues, encountered by travellers passing through checkpoints at Kuala Lurah and Puni. He asked whether there would be any improvement to infrastructure at these control posts to address these problems.
In response to this, Pehin Dato Lim said that plans were in place to resolve the situation but could not be carried out until the border issue was resolved. A joint technical committee has been assigned to finalise the formalities of the boundary demarcation.
The Brunei Times
Isu tuntutan Brunei keatas Limbang - NDP minta ketelusan dan rakyat di rundingi
LIMBARUH HIJAU 19 MAC 2009 - PARTI PEMBANGUNAN BANGSA (NDP) sangat mengalu-alukan penjelasan yang di buat oleh Pehin Dato Seri Lim Jock Seng, Menteri Hal Ehwal Luar Negeri dan Perdagangan mengenai kedudukan tuntutan Brunei keatas Limbang walaupun penjelasan sedemikian sepatutnya dibuat awal-awal lagi bagi mengelakkan kekeliruan di kalangan rakyat dan penduduk Brunei terutama mereka yang masih berkampong dalam kawasan yang di pertikai yang juga merupakan 'stake holder' terbesar dalam isu ini.
"Dalam masa sama NDP juga berpandagan kekeliruan yang timbul berikutan kenyataan yang di buat oleh Perdana Menteri Malaysia, Datuk Seri Abdullah Ahmad Badawi boleh di elakkan sekiranya pihak-pihak berkenaan di Brunei awal-awal lagi lebih bersikap telus dalam menangani isu penyelesaian pertikaian sempadan antara Brunei dan Malaysia dan isu Limbang tersebut", tegas Timbalan Presiden NDP, sdr Mahmud Morshidi Othman ketika di minta pandangan mengenai isu-isu tersebut.
"Justeru atas sebab inilah (kesamaran maklumat) juga kenapa NDP awal-awal lagi tidak berani membuat sebarang komen", tambah beliau.
"Namun demikian apa yang jelas sekarang dan perlu di ambil iktibar oleh semua pihak isu pertikaian sempadan dan isu tuntutan Brunei keatas Limbang sangat menarik minat semua lapisan rakyat dan penduduk di negara ini. Kita dapat merasakan kekecewaaan ramai apabila media-media tempatan dan luar negeri menyiarkan berita yang mendakwa Brunei telah mengugurkan tuntutan keatas Limbang".
Dalam hal ini dan berpandukan penjelasan yang di buat oleh Pehin Dato Lim Jock Seng, tambah sdr Morshidi, NDP berpandangan isu sempadan dan isu tuntutan Brunei keatas Limbang merupakan dua isu yang berasingan.
"Justeru NDP melihat perjanjian yang baru di tandatangani untuk penyelesaian isu sempadan Brunei dan Malaysia hanya merupakan satu pra syarat kearah penyelesaian abadi isu tuntutan Brunei keatas Limbang".
"Dalam lain perkataan NDP melihat penadatanganan Surat Pertukaran bagi penyelesaian isu sempadan darat dan laut antara Brunei dan Malaysia tidak merobah sedikitpun kedudukan Brunei dalam isu tuntutannya keatas Limbang".
"Apa yang perlu di perjelaskan sekarang sama ada Brunei masih berminat untuk meneruskan tuntutannya keatas Limbang. Perkara ini masih samar-samar dan perlu di perjelaskan bagi mengelakkan andaian-andaian yang kurang sihat".
"Jika sekiranya Brunei masih berminat apakah syarat-syarat yang perlu di tetapkan oleh pihak Brunei untuk jalan penyelesaian isu tersebut?", ujar sdr Morshidi.
Walau bagaimanapun penjelasan Pehin Dato Lim Jock Seng sedikit membuatkan NDP berasa lega memandangkan Brunei masih di kedudukan yang kukuh dalam isu sempadan dan tuntutan Brunei keatas Limbang.
Katanya lagi NDP seterusnya berharap pihak kerajaan akan lebih telus dalam menangani isu yang sangat menyentuh jiwa rakyat dan penduduk yang merupakan 'stake holders' terbesar dalam hal yang bukan sahaja semata-mata bagi kepentingan masa depan ekonomi negara bahkan dalam skop yang lebih luas juga turut menyentuh maruah bangsa, kedaulatan, keselamatan dan keutuhan wilayah.
"Dalam konteks ini NDP juga berharap pihak kerajaan akan merundingi rakyat dalam proses mencari jalan penyelesaian tuntutan Brunei katas Limbang", tegas sdr Morshidi.
"Keputusan untuk mengugurkan tuntutan Brunei keatas Limbang merupakan satu keputusan yang terlalu besar untuk di buat justeru rakyat perlu di rundingi untuk sama-sama bertanggungjawab kepada sejarah dan agar bukan satu pihak sahaja akan di persalahkan jika keputusan yang di ambil jelas, dalam jangka panjang, akan merugikan negara", tambah sdr Morshidi. (MHO)












Limbang tidak pernah jadi isu perbincangan
BANDAR SERI BEGAWAN 19 Mac 2009 - Isu Limbang tidak pernah dirundingkan oleh pihak Kerajaan Negara Brunei Darussalam dan Kerajaan Malaysia dan tidak dimuktamadkan mengenainya dalam dokumen Pertukaran Surat-Surat antara kedua-dua negara yang ditandatangani semalam.
Apa yang sebenarnya dirundingkan ialah berkenaan dengan sempadan darat seluruhnya, tegas Menteri Hal Ehwal Luar Negeri dan Perdagangan II Pehin Dato Seri Setia Lim Jock Seng dalam sesi petang Majlis Mesyuarat Negara hari ini.
Beliau menjelaskan demikian ketika mengulas laporan kononnya Brunei telah menggugurkan tuntutan ke atas Limbang serta beberapa tuntutan lain yang diminta oleh Malaysia dan dilaporkan dalam beberapa buah akhbar hari ini.
Perkara berkenaan juga dibangkitkan oleh Dato Paduka Haji Puasa Tudin yang mahukan penjelasan mengenai perjanjian antara Kerajaan Negara Brunei Darussalam dengan Kerajaan Malaysia yang menyentuh mengenai tuntutan Brunei ke atas Limbang.
Pehin Dato Seri Setia Lim berkata perenggan tiga kenyataan akhbar bersama yang dikeluarkan petang semalam menyebut kedua-dua pihak bersetuju kepada asas-asas bagi penyelesaian isu-isu yang telah berpanjangan seperti menggunakan perjanjian-perjanjian yang telah lama wujud sebagai asas dan prinsip-prinsip watershed.
Selepas itu satu kumpulan petugas (working group) yang akan melibatkan Juru Ukur Agung kedua-dua pihak akan menetapkan aspek-aspek teknikal untuk menyelesaikan sempadan darat, jelasnya.
Beliau berkata perenggan enam kenyataan akhbar bersama itu ada menyebutkan: "Pembatasan sempadan-sempadan tanah di antara kedua-dua buah negara akan diselesaikan berdasarkan kepada lima buah perjanjian bersejarah yang ada pada masa ini di antara kerajaan negara ini dengan kerajaan Sarawak dan juga jika bersesuaian prinsip-prinsip watershed, sejurus itu segala isu berkaitan dengan sempadan-sempadan tanah kedua-dua buah negara akan diselesaikan mengikut apa yang berpatutan."
Ketika membuat penjelasan itu, beliau membaca tiga perenggan yang relevan dengan soalan yang ditimbulkan itu iaitu perenggan dua, tiga dan enam.
Perenggan dua kenyataan akhbar bersama itu menyebutkan: "Pemimpin kedua-dua buah negara telah mengadakan perjumpaan empat mata di Istana Nurul Iman pada 16 Mac 2009, kedua-dua pemimpin juga menandatangani Pertukaran Surat-Surat yang menandakan kejayaan perundingan terhadap isu-isu dua hala yang belum selesai di antara Negara Brunei Darussalam dan Malaysia."
Menurutnya, perundingan berkenaan yang telah berlangsung sejak beberapa tahun kebelakangan ini mengambil kira kriteria-kriteria berasaskan kepada sejarah, undang-undang dan faktor lain yang boleh diterima oleh kedua-dua pihak.
Perenggan tiga kenyataan akhbar bersama itu pula menyebutkan: "Kedua-dua pemimpin mengambil maklum persetujuan yang dicapai oleh kerajaan Negara Brunei Darussalam dan Malaysia terhadap perkara-perkara utama yang terkandung di dalam Pertukaran Surat-Surat."
Perenggan tiga itu juga menyebutkan bahawa itu termasuk pengehadan sempadan maritim kedua-dua buah negara, penubuhan Commercial Arrangement Area (CAA) di bidang minyak dan gas, cara-cara penyelesaian pembatasan sempadan tanah kedua-dua buah negara dan hak-hak laluan maritim yang berterusan bagi rakyat dan penduduk Malaysia di seberang zon-zon maritim Brunei sama ada bagi mereka yang melawati atau memulai perjalanan dari Sarawak, Malaysia mengikut undang-undang dan peraturan-peraturan Negara Brunei Darussalam."
Dalam majlis di Istana Nurul Iman semalam itu, Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah Sultan dan Yang Di-Pertuan Negara Brunei Darussalam berkenan menandatangani Pertukaran Surat-Surat dengan Perdana Menteri Malaysia Datuk Seri Abdullah Ahmad Badawi.
Kenyataan akhbar Jabatan Perdana Menteri Brunei Darussalam menyebut: "Penandatanganan Pertukaran Surat-Surat merupakan satu peristiwa dan bersejarah bagi Negara Brunei Darussalam dan Malaysia."
Sementara itu Datuk Seri Abdullah ketika bercakap kepada wartawan Malaysia selepas majlis itu semalam mendakwa Brunei secara rasminya menggugurkan tuntutannya sejak sekian lama terhadap Limbang, bahagian di utara Sarawak.
Agensi berita rasmi Malaysia, Bernama mengutip beliau sebagai berkata perkara itu adalah sebahagian daripada peristiwa bersejarah berikutan pemeteraian Pertukaran Surat-Surat antara kedua-dua negara.
"Persetujuan yang dicapai dalam Pertukaran Surat-Surat itu ialah penyelesaian isu tuntutan ke atas Limbang yang Brunei telah gugurkan dan ini bermakna Limbang kini telah menjadi sebahagian Malaysia," katanya pada persidangan akhbar itu seperti dilaporkan oleh Bernama. (Media Permata)



brunei_limbang_boundary
This map comes from a powerpoint slide presentation made by the Director of Survey of the Malaysia's Department of Survey and Mapping and presented during the International Symposium on Land and Boundaries Demarcation and Maintenance in Support of Borderland Development which was held in Bangkok on 6-11 November 2006.
  1. Agreement relating to the Pandaruan River and District signed by GE Cator (British Resident Brunei) and HSB Johnson (Resident Fifth Division, Sarawak) on 4th February 1920 - 78.0 km.
  2. Agreement regarding the boundary between the Belait and the Baram rivers from the sea coast to the Pagalayan Canal signed by British Resident Brunei and HD Aplin, Resident Fourth Division Sarawak on 25th August 1931 - 29.7 km.
  3. Agreement regarding the boundary between Trusan and Temburong from the Coast to Bukit Sagan, signed by British Resident Brunei and Resident Fifth Division on 31st October 1931 - 19.0 km.
  4. Agreement regarding the boundary between Limbang and Brunei from the coast to a point west of Bukit Gadong, signed by British Resident Brunei and Resident Fifth Division Sarawak on 24th February 1933 - 37.0 km.
  5. Agreement regarding the boundary from the Pagalayan Canal to Teraja Highlands signed by the British Resident Brunei and Resident Fourth Division Sarawak on 4th November 1939.
Altogether 207.3 km of boundary had been agreed on but another 274 km of boundary now had to be worked out together using watershed principles where appropriate. Officially a watershed is the "entire region drained by a waterway that drains into a lake or reservoir; total area above a given point on a stream that contributes water to the flow at that point; the topographic dividing line from which surface streams flow in two different directions."

 

Penjelasan Rais isu Limbang

Lima perjanjian berkenaan ialah:
i. Perjanjian Mengenai Sungai Pandaruan dan daerahnya pada 4 Februari 1920.
ii. Perjanjian Sempadan Sungai Belait dan Sungai Baram 25 Ogos 1931.
iii. Perjanjian Antara Brunei dan Sarawak mengenai Trusan dan Temburong.
iv. Perjanjian Antara Brunei dan Sarawak mengenai Sempadan Limbang dan Brunei dari Pantai ke Bukit Gadong 24 Februari 1933.
v. Perjanjian 4 November 1939 antara kedua-dua pihak.

Oil & Gas Activities & Opportunities – By The Petroleum Unit, Brunei Darussalam
UPSTREAM ACTIVITIES
Concession Areas
The Petroleum Unit acts on behalf of the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam as a regulatory body prudently monitors and oversees all activities that are carried out by concessionaires holding concession areas in Brunei Darussalam.
Two major concessionaires are currently operating in Brunei Darussalam. They are Brunei Shell Petroleum Company Sdn Bhd (BSP) and Total E&P Deep Offshore Borneo B.V.(Total).  Brunei Shell Petroleum Sdn Bhd is a company jointly owned by the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam and Royal Dutch Shell. Total is the operator for Block B joint venture. Offshore Block B joint venture has its interest shared between the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam, Total and Shell Deepwater Borneo respectively. Both BSP and Total now operate the 6,319.71 sq.km concession areas. 
Production-Sharing Agreement Areas
Block J was awarded to a three-member consortium comprising Total, BHP Billiton and Amerada Hess as its successful bidder.  The award was officially announced in 2003.  Block K, was awarded to a consortium comprising Shell Deepwater Borneo, Mitsubishi and Conoco-Phillips.
Both onshore Block L and Block M with sizes 2,250 sq.km and 3,010 sq.km respectively were opened for bidding to international oil and gas companies in October 2005. In 2006, Block L was awarded to Loon Energy Inc. and QAF Brunei Sdn Bhd. Block M was awarded to China Oil USA (Macao) Co Ltd (ChinaOil), Valiant International Petroleum Ltd and Jana Corporation Sdn Bhd.
The deepwater and onshore blocks are designated areas of PetroleumBRUNEI, the National Petroleum Company of Brunei Darussalam.
Open Areas
Other open areas that will be made available for future exploration activities include the relinquished areas within the shallow water regions of the Brunei waters and the northern ultra-deepwater areas within the boundaries of the Brunei Exclusive Economic Zone up to and include the 200 nautical miles extent.

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limbang

Early British intel report highlights Limbang legacy

Rozan Yunos
BANDAR SERI BEGAWAN
Sunday, April 26, 2009
MANY Brunei historians are familiar with the report on Brunei Darussalam prepared by MSH McArthur in 1904. That report influenced the British government that the remnants of the maritime power of Brunei should remain an independent country.
However, another much shorter report on Brunei was presented by another British civil servant, H Conway Belfeld, just one year later.
Not much is known about Belfeld, but on June 5, 1905 he filed a short report entitled "Report upon the Present Condition of Affairs in Labuan and Brunei" to Sir John Anderson, the Governor of the Straits Settlements Government from 1904-1911 and also British High Commissioner. The report was published in Kuala Lumpur by the Federated Malay States Government Press.

The 10-page report focused slightly more on Labuan (five and three-quarter pages). Labuan was seen as deteriorating and "signs of decadence are apparent in decaying wharves the almost total absence of movement at the water side".
Government buildings in Labuan were described as "shabby" and the report noted there had been emigration to Brunei and Sarawak.
Before 1846, Labuan was part of Brunei. However, in 1846 Sultan Omar Ali Saifuddin II ceded the island to Britain and the island became a Crown Colony in 1848.
By the time the Belfeld report was written, Labuan had been part of North Borneo since January 1, 1890.
Belfeld acknowledged that McArthur had furnished full information about Brunei and that he did not have to write a long report, which is why Belfeld's paper focused more on Labuan than Brunei.
However, his report added and substantiated quite a number of issues. Belfeld was in Brunei for about three days, spending most of his time interviewing the Sultan, other Malay Chiefs and pangerans.

He was very optimistic. After meeting the Sultan and the other noblemen, he acknowledged that he had not produced a definite result, but he hoped that the meetings had left an impression on the Sultan and the other noblemen.
He was also well aware of the Malay style of negotiation, pakat. Obviously, Belfeld was experienced in Malay ways and had spent quite some time in the Malay states before coming to Labuan and Brunei.
Belfeld's description of Sultan Hashim depicted a ruler "whose intelligence to be more acute than he expected" and was "only stupid or deaf when it suits him to misunderstand a representation made to him. Upon subjects of interest to himself he is quite capable of arguing with some degree of force and logic".
Belfeld added that "there is greater power of comprehension behind a somewhat immobile countenance than Mr McArthur gave him credit for".
Sultan Hashim was ruling a country that was fast disappearing.
By 1905, the remnants of Brunei had already been cleaved in two, with Limbang forcibly taken by Rajah Brooke. Even though by then the British had not decided what to do with Brunei, McArthur's report had already recommended that Brunei be left as an independent nation and not be incorporated into Sarawak.
Belfeld's report also noted that Sultan Hashim had a "volubility which left him in no doubt as to the strength of his opinions regarding matters affecting the State".
The Belfeld report also touched on the question of Limbang. He conveyed the British government's position that they would not pursue the issue any further.
However, Sultan Hashim had conveyed his position succinctly and forcibly. Belfeld's conclusion was similar to that of McArthur, that "it is improbable that His Majesty's Government (British Government) were in possession of all these facts when they gave consent to the transfer".

At that time, Limbang was intertwined with Brunei and its loss not only crippled the resources of the government, but also affected trade and movement of people.
Interestingly, Belfeld even recommended that should control of Brunei pass into hands other than those of its native rulers, the arrangement affecting such a change of administration should provide for the management of Limbang by the government of the state to which it properly belongs.
Belfeld also noted that Sultan Hashim and his ministers wanted a full-time British Consul in Brunei who would help in administration while leaving executive authority alone.
Sultan's Hashim reliance on Mr Roberts, manager of Island Trading Co Ltd, was also highlighted.

The company ran the cutch factory on the bank of the Brunei River and hired as many as 1,000 Brunei men. At the time, cutch was Brunei's largest export.

On the subject of the British Resident, Belfeld noted that most of Brunei's chiefs were ready to accept the assistance of an official adviser, provided that the "influence of that officer upon administration was tactfully brought to bear as to leave the Ruler and his Ministers the semblance of power to which they tenaciously cling to but have really lost already". This was no doubt due to the encroachments of Rajah Brooke on Brunei.
Rajah Brooke was at that time administering Brooketon (Muara) and was also at Buang Tawar. He had also acquired land at Kota Batu. Even though Rajah Brooke was an individual and private property owner, he was also exercising official jurisdiction in those areas.
However, some Brunei ministers supported Rajah Brooke. One in particular was said to be in the Rajah's pay and as the only chief in the country with any command of money, was able to impress his views on the ministers of Brunei. Belfeld noted that the best way to counteract this particular minister's view was to show the Sultan that another policy would serve him better.
Belfeld also reported on the poor state of trade and revenue for Brunei. His figures confirmed the information given by McArthur. Other than cutch, there was no other export. Belfeld noted that the introduction of a carefully regulated land system would eventually result in a material contribution to revenue.
This was no doubt the views of the British administrators. By 1909, the Torrens system of registering land ownership was in place, replacing the traditional recognition of land ownership that had been practised in Brunei for centuries.
Belfeld ended the report by noting that the work of administering Brunei would be difficult from the outset.
However, he was confident that it would be advisable to undertake control of the country with the consent of the Sultan, and that the country, its people and its trade would reap immediate benefit.Belfeld's report no doubt added to the force and strength of McArthur's 1904 Report and led to the 1906 signing of the treaty between Brunei Darussalam and United Kingdom.

This laid down the foundation of a new government with the formal introduction of the British Resident.

The Brunei Times
http://www.bt.com.bn/life/2009/04/26/early_british_intel_report_highlights_limbang_legacy





But before we go blindly into this issue; the question of why our dear Tun Pak Lah could have easily gave away Block L and Block M to Brunei in a “seeming” exchange for tiny Limbang must first be answered. Let me first ask you this question: now just since when did Limbang “officially” become a part of Negara Brunei Darussalam to begin with?
I must be careful in this topic as I have many dear friends in Brunei Darussalam who had been with me over the years through thick and thin and the easiest way is not to write, but then again that won’t be just quite vintage me does it now? So I ask anyone who may be in the know here: since when did Limbang “officially” become part of modern Negara Brunei Darussalam to begin with? You can’t credibly answer that really, because it never did “officially” happened, just as it never did officially ever become a part of Malaysia just as well too. It was at best a long overdrawn stalemate and a long historical impasse on both nations dating back to the late 1890’s.
Let’s go into more details here; Brunei certainly does have some legitimate historical claim on Limbang as history had put it that Limbang had been seized by means of force by the misguided former Sarawak’s “White Rajah” the Raja Brooke in 1890 and was immediately deemed as the “Fifth Division” of Sarawak. Then the Japanese came, kick the white Rajahs out of business to a temporary exile in Australia and then back for good to ole’ England. Then finally after World War 2, I think it was the “Third White Rajah” Charles Vyner Brooke who simply decided that being a White Rajah was simply the wrong line of work for him, and later sold-off Sarawak “lock-stock-and barrel” with all of its territories to the British government for a purported sum of ₤5 million and this was back in the later part of 1946.
Moving in time to the year 1963, Limbang had quietly sneaked in and gained independence from Britain together with Sabah and Sarawak in joining Malaysia and ever since then the status of Limbang has never been dealt with officially by either Malaysia or even Brunei. It was even reported that in the March 2009 agreement between Pak Lah and Kerajaan Brunei Darussalam, in the very “L of A” that has now come to be in question, there was not even any specific mention of the word “Limbang” on any part of the deal, but specific geographical references has finally been thought to at least provide for the precise delineation of their boundaries on a basis that amounts to Brunei’s acceptance of the status quo. Everyone was playing safe and polite on the issue for so long as we could see here but truly it would prove to be at Malaysia’s expenses ultimately!
There was nothing in Limbang except for a remote sea outpost well known for smuggling in liquor and pork into Brunei (no liquor or pork’s are “officially” sold in Brunei). However, it must be noted that Limbang's economical prerogative has always been with Malaysia as could be validated through a representation of a Malaysian Parliamentary seat (P221), and a Dewan Undangan Negeri seat (N68) for the Sarawak State Government level. Today you may even find a Kentucky Fried Chicken outlet in Plaza Limbang and a local 4-star hotel adjoining the plaza. In 2008 Pak Lah had briefly talked about making Limbang as our "Jelapang Padi Ke-Dua Negara". But that went no where at all. If Pak Lah had seriously looked at the facts even this loose and simple, he would come to the realization that Limbang has been developed by the Malaysian government ever since 1963 and on that realization alone, it would make no sense to even think in the mind frame he was perhaps in during the March 2009 agreement.
Factually, ever since 2003, in what Malaysia refers to as Block L and Block M, and in what reciprocally Brunei refers to as Block K and Block J had seen no oil-exploration activities pending outcome of this gridlock. Malaysia had awarded oil-prospecting rights to Murphy Oil of America while Brunei had awarded oil-prospecting rights to Shell and Total Oil and so no one did any digging at all on the two blocks.












Oil blocks 'giveaway' to Brunei

Submitted by adam on Friday, April 30th, 2010
Friday, April 30th, 2010 14:58:00
PETALING JAYA: Democratic Action Party (DAP) adviser Lim Kit Siang has called on former prime minister Tun Abdullah Ahmad Badawi to explain the ‘release’ of oil producing offshore areas in South China Sea as claimed by former premier Tun Dr Mahathir Mohamad in his blog yesterday.
Lim told The Malay Mail this morning that Pak Lah must clarify Dr Mahathir’s claims.
“As a matter of grace and national interest, Pak Lah must respond. We have to establish the facts of the matter first.
“If what Dr M says is true, issues like this should never be hidden. Pak Lah must speak. If not, people would be jumping to conclusions,” he told The Paper That Cares.
Yesterday, Dr Mahathir in his blog www.chedet.com, claimed that Abdullah, during the latter’s tenure as PM, had agreed to surrender two blocks of oil producing offshore areas in the South China Sea — Block L and Block M — to Brunei in return for Limbang in Sarawak.
He had written that Block L and Block M had been claimed by Malaysia based on historical facts. The two blocks were awarded to Petronas Carigali Sdn Bhd in 2003 and entered into a production sharing contract with Murphy Oil Corporation to start drilling.
It was estimated that the reserves amounted to almost 1 billion barrels.
“Abdullah has caused Malaysia to lose at least US100 billion dollars (about RM320 billion) of Malaysia’s oil in this agreement,” Dr Mahathir wrote.
He had claimed that when Abdullah negotiated with Sultan of Brunei Sultan Hassanal Bolkiah, no Petronas representatives were present but only foreign office staff and the foreign affairs adviser to the PM were present.
Dr Mahathir has called for Wisma Putra to explain why it did not stop Abdullah. A Wisma Putra spokesman said they are still investigating the matter.

Abdullah says Cabinet approved boundary pact with Brunei

KUALA LUMPUR: (Bernama) -- Tun Abdullah Ahmad Badawi said he signed a land and sea boundary agreement with Brunei in March 2009 in which two overlapping offshore exploration fields came under Brunei after it was approved by the Malaysian Cabinet a month earlier.

In a statement on Friday,
the former prime minister confirmed that Block L and Block M concessions now belonged to Brunei but the agreement provided that Malaysia would be allowed to participate in joint development of oil and gas on a commercial basis in the two areas for a period of 40 years.
"The financial and operational modalities for giving effect to this arrangement will be further discussed by the two sides. This means that in so far as the oil and gas resources are concerned, the agreement is not a loss for Malaysia," said Abdullah who had visited Bandar Seri Begawan for a two-day working visit on March 15 and 16 last year before he stepped down as prime minister two weeks later on April 3.
Abdullah was responding to questions raised by his predecessor, Tun Dr Mahathir Mohamad, who said Abdullah had surrendered the two blocks in negotiations with the Sultan of Brunei in exchange for Limbang which straddles the Sarawak-Brunei border.
Dr Mahathir said the loss of the two blocks cost Malaysia at least US$100 billion dollars (RM320 billion) from an estimated reserves of almost one billion barrels of oil.
Dr Mahathir also said Brunei had disclaimed that it had agreed to give up Limbang and Abdullah had made no mention of the two blocks when he announced that he had settled the Limbang claim.
Last week, United States-based Murphy Oil Corp said Malaysia's Petroliam Nasional Bhd (Petronas) had terminated the production sharing contracts for Blocks L and M as they "are no longer a part of Malaysia".
Abdullah, revealing details of the agreement for the first time, said he had signed the Exchange of Letters with the Sultan of Brunei on March 16 last year in specific steps to finally establish a permanent land and sea boundary between the two countries.
"In my capacity as the Prime Minister of Malaysia, I signed the Exchange of Letters with the Sultan of Brunei after the Malaysian Cabinet approved the deal on 11 February 2009," he said.

The two sides agreed to undertake a joint survey to demarcate the land boundary in two ways.


Firstly, the joint survey would confirm the ground boundary in five sectors which had already been established by previous agreements in 1920, 1931, 1933 (two separate agreements) and 1939.
Secondly, in the sectors where there were no agreements yet, the joint survey shall determine the land boundary on the basis of the watershed principle.
"When the entire land boundary demarcation exercise is completed, there will be established a final and permanent boundary between Sarawak on the Malaysian side and Brunei on the other side.
"When this is accomplished, there will no longer be any land boundary dispute between Brunei and Malaysia as a whole. This long standing issue, which had existed in the past as an irritant in the relations between Malaysia and Brunei, will be settled without any disadvantage for Malaysia," Abdullah said.
On the maritime area, he said the two countries agreed to establish a final and permanent sea boundary.
"This agreement serves to settle certain overlapping claims which existed in the past which included the area of the concession blocks known before as Block L and Block M.
"Sovereign rights to the resources in this area now belongs to Brunei.
However, for this area the agreement includes a commercial arrangement under which Malaysia will be allowed to participate, on a commercial basis, to jointly develop the oil and gas resources in this area for a period of 40 years," he said.
Details of this would be further discussed and thus, in so far as oil and gas resources, the agreement was not a loss for Malaysia, he added.

Petronas invited by Brunei to develop Block L and M

KUALA LUMPUR: The national oil corporation, Petronas, said today it has been invited by Brunei to develop two offshore exploration areas formerly designated as Blocks L and M on a commercial arrangement basis.
In a statement, Petronas said it had set up a team and had begun negotiations with Brunei to work out the terms for the development of the two areas now known as Blocks CA1 and CA2.

"Both parties are committed to arriving at a mutually beneficial arrangement as soon as possible," Petronas said.
In the four-paragraph statement, the national oil company said the arrangement was made following the Exchange of Letters between Malaysia and Brunei on March 16, last year.

"
This Exchange of Letters was a culmination of a long-standing issue between the two countries to arrive at a mutually beneficial arrangement, which allowed Petronas to enter into new production sharing contracts for both blocks," it said.
It also said that following the Exchange of Letters, the production sharing contracts covering Blocks L and M, which were awarded in 2003 to Petronas Carigali Sdn Bhd and Murphy Sabah Oil Co Ltd, were formally terminated on April 7 this year as these blocks were no longer a part of Malaysia.
Blocks L and M were redesignated as Blocks CA1 and CA2 respectively, it said.
Former prime minister Tun Dr Mahathir Mohamad, in a blog posting on Thursday, had questioned why the two blocks were no longer belonged to Malaysia and said that the loss could cost Malaysia at least US$100 million (RM320 million).
Dr Mahathir claimed that his successor Tun Abdullah Ahmad Badawi had surrendered the two blocks in exchange for Limbang.
Abdullah, who signed the Exchange of Letters, clarified that the land and sea agreement with Brunei was approved by the Malaysian cabinet and that Malaysia would be allowed to participate in joint development of oil and gas on commercial basis in the two areas for a period of 40 years.








Pak Lah refutes claims it was a deal with Brunei in 'exchange' for Limbang

1 May 2010
PETALING JAYA: Former prime minister Tun Abdullah Ahmad Badawi has refuted claims by his predecessor that he signed away Malaysia’s rights to potential oil revenue in the South China Sea to Brunei.
Abdullah, who signed an Exchange of Letters with Sultan of Brunei Sultan Hassanal Bolkiah on Feb 16 last year, said the agreement allowed Malaysia to join in the exploration of petroleum resources from two areas known as Blocks L and M.
He said he signed the agreement after the Malaysian Cabinet approved the deal on Feb 11.
While the agreement stated that the sovereign rights of the resources in the two areas belonged to Brunei, he said it also included a commercial arrangement where Malaysia would be allowed to participate on a commercial basis to jointly develop the oil and gas resources in the area for 40 years.
“This means that in so far as the oil and gas resources are concerned, the agreement is not a loss for Malaysia,” he said in a statement yesterday.
Abdullah was responding to a blog posting by Tun Dr Mahathir Moha­mad, entitled “Malaysia’s Genero­sity”, which asked why the two blocks no longer belonged to Malaysia.
Dr Mahathir said the two blocks had been claimed by Malaysia based on historical facts and Petronas had accordingly entered into a production sharing contract with US-based Murphy Oil to start drilling to produce oil.
He said the estimated reserves in the two blocks amounted to almost one billion barrels.
Dr Mahathir said Abdullah had negotiated with the Sultan to get back Limbang, which was claimed by Brunei but, in return, surrendered the two blocks to Brunei.
Dr Mahathir said Abdullah had also announced that the “Limbang Question” was settled but this was denied by Brunei the following day.
The blog was posted after a statement by Murphy Oil on April 21 saying its production sharing contracts covering Blocks L and M – which Brunei refers to as Blocks K and J respectively – awarded by Petronas Carigali Sdn Bhd in 2003 were formally terminated by a letter dated April 7 this year.
It said this was the result of Petronas informing it that the two blocks were no longer part of Malaysia.

On Brunei’s denial that the Limbang Question was settled, Abdullah said the two countries had agreed to undertake a joint survey to demarcate the agreed boundary.
He said firstly, the joint survey would confirm on the ground the boundary in five sectors which had already been established by previous agreements in 1920, 1931, 1933 (two agreements) and in 1930.
Secondly, he said in the other sectors where no land boundary agreement existed, the joint survey would determine the land boundary based on the watershed principle.
When the entire boundary demarcation exercise is completed, there will be establised a final and permanent boundary between Sarawak on the Malaysian side and Brunei on the other side,” Abdullah added.













Sabah’s Block M and Block L, Is No Longer Part of Malaysia

I remember during Mahathir’s time the Federal government was trying to sell part of Limbang to the Sultanate of Brunei behind close doors. Somehow the news leaked. There was so much opposition from all quarters during that period of time that the Federal government had no choice but to abort the deal. Never cross my mind, that while everyone one was watching Limbang so closely there was another deal which was struck right under our noses. This time it was a territory belonging to Sabah and not Sarawak and the beneficiary Brunei. An age-old conspiracy was being consummated right under our nose.
See Map below. Block L and Block M belongs to Sabah, Malaysia.
On September 28th, 2003,  there was a production sharing contract for Block L and Block M between U S based Murphy Oil Corp and our Petronas Carigali Sdn Bhd for 250,000-300,000 bpd with a life span of between 15 to 20 years.
But on Wednesday  April 21, 2010, Murphy Oil Corp on its website said Petroliam Nasional Bhd (Petronas) has terminated the production sharing contracts for Blocks L and M as they “are no longer a part of Malaysia”.
It seems Murphy Oil Corp was informed by Petronas following the execution of the exchange of letters between Malaysia and Brunei on March 16, 2009, that the offshore exploration areas designated as Block L and Block M were no longer a part of Malaysia.
“As a consequence, the production sharing contracts covering Blocks L and M, awarded in 2003 to Petronas Carigali Sdn Bhd and Murphy, were formally terminated by letter dated April 7, 2010,” Murphy Oil Corp said.
Wow, how did this happen? How come the Federal Government can give away its territory without the knowledge of its citizens. Can they do it? These two blocks Block M and Block L is close to 6000 square Kilometers. These two blocks can produce 250,000-300,000 bpd and has a life span of between 15 to 20 years. This works out to RM1.19 billion a year and RM17.85 billion over the lifespan of these two blocks. This works out to USD20.5 million or RM65.6 million per day in revenue!
With oil royalty for Sabah at 5%, this means Sabah will lose out RM3.28 million a day.
I am truly shocked. What is actually happening here? Is there a side deal between our politicians and the Brunei Sultanate?

I hate to sound melodramatic but unfortunately the truth may be very bizarre. I want to be wrong because if I am not, it means that the forces responsible for the abuse of power, corruption and you name it, of the last 22 years are still in charge.
What has Musa Aman The Chief Minister of Sabah got to say about this? Come on Musa say something? Are you suffering from a strange fecklessness when it comes to UMNO and the Federal Government  and Sabah’s oil?
l%26moil2



Petronas: Malaysia still has oil exploration deal with Brunei

Sunday May 2, 2010

PETALING JAYA: Malaysia will still have a commercial partnership with Brunei to develop petroleum resources from two areas in the South China Sea, according to Petronas.
In a statement issued yesterday, the National Petroliam Corporation said it wanted to clarify that following the Exchange of Letters, Petronas was invited by Brunei to enter into an agreement to develop Blocks CA1 and CA2 on a commercial arrangement basis.
Petronas has set up a team that has begun negotiations with Brunei to work out the terms for this commercial arrangement. Both parties are committed to arriving at a mutually beneficial arrangement as soon as possible,” the statement added.
Former Prime Minister Tun Dr Mahathir Mohamad had claimed that Block L and M (which have been redesignated as Block CA1 and CA2) belonged to Malaysia originally and that his successor Tun Abdullah Ahmad Badawi had signed away Malaysia’s rights to Brunei.
In his blog posting entitled “Malaysia’s Generosity”, Dr Mahathir wrote that Abdullah had negotiated with the Sultan to get back Limbang, which was claimed by Brunei, but in return, surrendered the two blocks to Brunei.
Abdullah had refuted Mahathir’s claims, saying that the agreement allowed Malaysia to join in the exploration of petroleum resources from the two areas.
He said he signed the agreement after the Cabinet approved the deal.







Brunei has sovereign rights over 2 oil-rich areas: Wisma Putra

Published: Monday May 3, 2010 MYT 12:33:00 PM
Updated: Monday May 3, 2010 MYT 1:09:27 PM

Brunei is entitled to exercise sovereign rights over the area under the provisions of the UN Convention of the Law of the Sea (Unclos) 1982: Wisma Putra
PETALING JAYA: Brunei has sovereign rights over two oil-rich areas under the provisions of the UN Convention of the Law of the Sea (Unclos) 1982 and the areas would be jointly developed with Malaysia, said the Malaysian Foreign Ministry in a statement.
As such, the “handing over” of the two petroleum blocks by Malaysia to Brunei via the Exchange of Letters signed in 2009 was in line with international law, the statement said Monday.
Malaysia's oil concession Blocks L and M which coincided with Brunei's Blocks J and K are recognised under the Exchange of Letters as being situated within Brunei's maritime areas and over which Brunei is entitled to exercise sovereign rights under Unclos,” it said.
It said the Government terminated the production sharing contracts over the two blocks to Petronas Carigali Sdn Bhd and Murphy Oil that was awarded in 2003 after the Letters of Exchange were signed in 2009.
The letters also provided for a commercial arrangement to develop the area jointly with Petronas, the statement said.
The controversy over the two blocks arose after former Prime Minister Tun Dr Mahathir Mohamad, in a blog posting, asked why the two blocks no longer belonged to Malaysia.
He alleged that former Prime Minister Tun Abdullah Ahmad Badawi, who together with Sultan of Brunei Sultan Hassanal Bolkiah signed the Exchange of Letters, had given away the blocks to Brunei in 2009 in exchange for Brunei dropping its claims on Limbang in Sarawak.
Abdullah, who refuted this, said in a statement that Malaysia and Brunei had agreed to establish a final and permanent sea boundary in an exchange of letters on March 16, 2009.
He had said that, while sovereign rights to the resources in the area now belonged to Brunei, the agreement included an arrangement under which Malaysia was allowed to participate commercially for a period of 40 years.
On the land boundary, both sides agreed to a joint survey to demarcate the agreed boundary that would be final and permanent, he had said.


Below is the full text of the statement from the Foreign Ministry:
“The Exchange of Letters between YAB Dato' Seri Abdullah Haji Ahmad Badawi, Prime Minister of Malaysia, and His Majesty Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah on 16 March 2009, represents an agreement which has settled various outstanding issues between the two countries.
The key elements are the final delimitation of maritime boundaries between Malaysia and Brunei Darussalam, the establishment of a Commercial Arrangement Area (CAA) for oil and gas, the modalities for the final demarcation of the land boundary between Malaysia and Brunei Darussalam, and unsuspendable rights of maritime access for nationals and residents of Malaysia across Brunei Darussalam's maritime zones.
With regard to the maritime areas, the Exchange of Letters established the final delimitation of territorial sea, continental shelf and exclusive economic zone of both States.
Malaysia's oil concession Blocks L and M which coincided with Brunei Darussalam's Blocks J and K are recognised under the Exchange of Letters as being situated within Brunei Darussalam's maritime areas, over which Brunei Darussalam is entitled to exercise sovereign rights under the relevant provisions of the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982).
The establishment of the CAA incorporating these Blocks provides for a sharing of revenues from the exploitation of oil and gas in the CAA between the two States.
The termination of the Production Sharing Contracts covering Blocks L and M which were awarded by Petronas to Petronas Carigali Sdn Bhd and Murphy Oil in 2003 is in accordance with the establishment of the CAA as provided for in the Exchange of Letters.
The Exchange of Letters is the culmination of 20 years of tough negotiations between Malaysia and Brunei Darussalam on various issues including maritime boundaries.
The contents of the Exchange of Letters between the leaders of the countries were approved by the Malaysian Cabinet on 11 February 2009.
The State Governments of Sabah and Sarawak were consulted and fully briefed on the contents of the Exchange of Letters.
The Exchange of Letters resulted in a new beginning in the bilateral relations between the two States.
The Exchange of Letters which resolved the outstanding bilateral issues between Malaysia and Brunei Darussalam through amicable settlement will strengthen the existing relationship and enhance good neighbourliness between the two States.”

Tue, 04 May 2010 09:00
By Queville To
KOTA KINABALU: The contentious ceding of two oil blocks, which sit on Sabah waters, by the federal government to Brunei in March 2009 as part of a ‘deal’ to retain Limbang in Sarawak has cost Sabah RM16 billion in potential oil royalties, according to former Sabah chief minister Yong Teck Lee.
He said the oil blocks L and M sat on three million acres of Sabah’s maritime territory and apart from depriving the state of oil royalties based on former prime minister Dr Mahathir Mohamad’s estimates, the Cabinet decision was also unconstitutional.
Yong said ceding a territory from Sabah required the consent of the Sabah state legislative assembly and the conference of rulers. This is stipulated in Article 2 of the Federal Constitution.
“The only one time that such consent under Article 2 was given was on March 8 1984 when the Federal Territory of Labuan Enactment 1984 was passed in the state legislative assembly.
It was one of the major acts of the then state government that caused its own downfall the following year,” he pointed out in a statement issued today.
Yong, who is also President of Sabah Progressive Party (SAPP), further noted that it was only when Sabah (then North Borneo) together with Sarawak, Singapore and Malaya formed Malaysia in 1963, that the Malaysia territorial map was enlarged to include the Borneo states and their territories. The formation came with historical right.
This territory, he said,  included Sipadan and Ligitan islands and the seas now known as Block L and M in the Petronas offshore plans.
Yong was commenting on Mahathir’s recent disclosure and comment that Malaysia’s right to Block L and M is based on historical right and that the loss of these blocks has made Malaysia lose RM 320 billion in oil in an area the was the size of the states of Perlis, Penang, Malacca and Selangor combined.



Unanswered questions
Yong said Malaysians in Sabah have a right to know if:
  • Sabah Chief Minister Musa Aman and his state cabinet had consented to surrendering part of the state's maritime territory by the then Prime Minister  Abdullah Ahmad Badawi.
  • What is the state government going to do about the loss of territory and potential oil royalties? Based on the present five percent,  the royalties are worth RM16 billion.
  • Did the federal ministers from Sabah know about the deal and what is their stand.
  • Has treason been committed by Abdull and his cabinet colleagues for surrendering national territory without the necessary approvals of Parliament, state legislative assembly and the conference of rulers?
  • Why was there haste in surrendering the territory just weeks before a change of prime minister in March 2009?
  • Are the boundaries of Blocks L and M clearly demarcated by lines joining geographical co-ordinates in a certified map at the National Mapping Malaysia and the Sabah Department of Lands and Survey?
Yong also urged the Barisan Nasional state government to make public the terms and conditions of the surrender of Blocks L and M and publish a map of Sabah that includes its maritime territory. He said the state government should claim compensation from the federal government for the loss of Sabah’s maritime territory, shipping rights, fisheries and other resources in the area. The federal government should also pay compensation of RM16 billion for the loss of the five percent petroleum royalties from the RM320 billion in oil revenues, he said.
"The state government should insist that any future treaties and international agreements affecting Sabah shall require the explicit and official consent of the state government.
“We must not allow a precedent for the federal government to sell of chunks of Sabah to foreign countries. “If the Sabah state government is unable, unwilling or afraid to take up these responsibilities, then it should promptly dissolve the Sabah state legislative assembly so that fresh elections can be called to elect a new state government that can protect the rights and interests of Sabah,” he said

“Surrendering” Blocks L & M

Ah, the famous Blocks L and M, or Blocks J and K, if you are a Bruneian (see map above). Ever since the news came up, many people have been particularly vociferous about the issue. Some actually called for the former Prime Minister to be tried for treason for “surrendering national territory” while others have called it “unconstitutional because [it is] an act of ceding territory of a State (of Sabah)”, and questioned why the Sabah State Government was not asked its permission. Serious allegations indeed.
The reality is, before the Exchange of Letters and agreement as was executed by the former PM, Malaysia was standing on rather flimsy grounds as far as international laws apply when Malaysia claimed the disputed areas as its Exclusive Economic Zone (EEZ). The relevant law is UNCLOS (United Nations Convention on the Law of the Sea, 1982) which was both ratified by Brunei and Malaysia, and came into force as international law in 1994. (Download full text of UNCLOS 1982, and see the history of the EEZ as a legal regime here.)
I quote Article 56 of UNCLOS, which covered the rights, jurisdiction and duties of the coastal State in the EEZ:
In the exclusive economic zone, the coastal State has: (a)sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds…
As you can see, a nation, in claiming an EEZ, has only certain rights (certainly, these rights cover subsea minerals, including oil and gas) and are far more limited as opposed to what it can exercise on land or within its 12-nautical miles territorial seas. Also, under UNCLOS, a country can claim an EEZ that starts at the seaward edge of its territorial sea and extends outward to a distance of 200 nautical miles from the baseline. The coastal nation also have rights to the seabed of the continental shelf up to 350 nautical miles from the coastal baseline, where this extends beyond the EEZ. The exception to this rule occurs when EEZs would overlap; that is, national coastal baselines are less than 400 nautical miles apart. When an overlap occurs, it is up to the states to delineate the actual boundary.
As you can see from the map above, certainly Brunei has every right under UNCLOS to claim its EEZ. In fact, I am surprised that the Bruneians even deigned to throw a gratuitous bone to Malaysia in granting joint-exploration rights for 40 years in the two blocks.

Finally, let us talk about “Sabah’s” oil. Beyond 3 nautical miles of the Sabah shore, any subsea minerals, be it oil, gas or others, is not Sabah (as a state entity) to own. Let me explain: (and you lawyers knowledgeable in Federal-State laws probably know this a lot more) The limit of state waters, under Malaysian Laws, only goes to the 3 nautical miles seaward; anything further is under Federal Jurisdiction—fisheries, mining, navigation, land, environment, etc. (That is why Pulau Layang-Layang is a federal territory, and why the Sabah Government do not issue land titles or TOL in these far areas.)
The Sabah Planning Bill, if I am not mistaken, only covers Sabah’s 3-nautical-miles waters, and which extends a bit more in the West Coast—the sea areas between Kota Kinabalu to Kota Belud, and the two islands, Mantanani and Megalum. So, at least in legal terms, Sabah is on shaky foundations to sue for “its” oil and gas.
zonmar-en



Wednesday, 05 May 2010 00:00
KUCHING – The question of sovereignty concerning the state of Sarawak and the oil-rich Blocks L and M, which were signed away to Brunei, was raised by DAP state assemblyman for Bukit Assek Wong Ho Leng on Tuesday.
In a media statement, Wong, who is DAP Sarawak chairperson, questioned the role of the Sarawak government on this issue and why the Federal government did not consult the state government
Wong called for a detailed explanation from the state government as to whether it was aware of such "trades" involving Limbang and Blocks L and M.
He said the state government needs to clarify immediately whether it has neglected the interest of Sarawakians by giving up the jurisdiction on the two disputed oil-rich blocks to the Federal government.
"If the oil-producing areas are located well within the territory of Sarawak, the Federal government would have to obtain the consent of the Sarawak state government, and the state government would have to give consent to the state assembly," he said.
SUPP "marginalised"
He said the second provision of the Federal Constitution states: "If the Federal government is to change the state's borders, it must obtain the consent of the state in order to do so."
"If you recall, when the Federal government sought to establish Putrajaya as its own Federal territory, the Selangor government took this step and gave consent by consulting its own state assembly first, before making the huge decision," he said.
Wong claimed that the BN government "had completely marginalised SUPP in its negotiations, and SUPP is powerless in its position to be involved".
He said SUPP is not at all capable to be the state government if its unawareness of the negotiation had led to the ceding of Malaysian sovereignty of the two disputed blocks to Brunei.
He also questioned the previous Abdullah administration for reaching an agreement with the Brunei government to give away the oil sovereignty which "is tantamount to giving up part of its own territory."
Revealed by Mahathir
Former Prime Minister Mahathir Mohamad last week revealed that the two disputed oil-rich blocks are no longer rightfully owned by Malaysia which had incurred a possible loss in excess of up to RM320 billion.
Dr M had also accused his successor Abdullah Ahmad Badawi of giving away these rights to oil earnings for the exchange of Limbang in Sarawak. Both the Block L and M are situated offshore near Limbang.
Up till now, the Brunei government has not made it clear regarding its stand on the territorial disputes involving Limbang, according to Wong's statement.
"Sarawakians deserve to know the truth about the handover of offshore oil blocks L and M to Brunei last March," said Wong
Wong said he would raise the issue at the May 17 state assembly with two other Pakatan Rakyat state assemblymen. — Malaysian Mirror












SABAH RIGHTS AND INTERESTS HAVE BEEN SACRIFICED
Wednesday, 05 May 2010 07:03
By: YONG TECK LEE
THE weak explanation by the Ministry of Foreign Affairs that Petronas has been given commercial right to operate oil Blocks J and K in Brunei under  commercial arrangement CA1 and CA2 (also known as Blocks L and M in Malaysia) has exposed the fact that the federal government has sacrificed Sabah’s rights and interests. In effect, the ministry was trying to explain an illegal and unconstitutional act.
The Ministry had asserted that the key elements of the Exchange of Letters in Brunei on March 16, 2009 between Malaysia and Brunei was the delimitation of maritime boundaries, maritime access, commercial arrangement for oil and gas and land boundaries.
Why then did the then Prime Minister not mention anything about oil and gas and the loss of maritime territories when he proclaimed that Brunei had agreed to drop their claim on Limbang after the Exchange of Letters on March 16, 2009 between him and the Sultan of Brunei?
In fact, immediately after our then Prime Minister’s declaration that Brunei had dropped their claim on Limbang, the Brunei Second Foreign Minister issued a vehement denial that Brunei had dropped the Limbang Claim.
There was no response from Malaysia. So, at the time, I had thought that it was the Bruneians who had got themselves a bad deal without realizing it until it was too late. This is because I was doubtful that Malaysia would make such a mistake in bilateral negotiations. As we now know, our then Prime Minister had told only half the truth by disclosing the Limbang issue but not the loss of the oil blocks.
Instead of disclosing the loss of our maritime territories, the then Prime Minister chose to declare only that Brunei has dropped its claim on Limbang. Why was the Prime Minister completely silent on the loss of Blocks L and M that Malaysia has signed away?
Why were the Malaysian people, including ex-Prime Minister Tun D. Mahathir Mohamed, made to wait until the announcement by Murphy Oil Corporation in the New York Stock Exchange on 22 April 2010 that the two blocks are “no longer a part of Malaysia”? The announcement shows that prior to the Exchange of Letters, the blocks were indeed a part of Malaysia.
Why were Petronas, the Prime Minister and our Sabah Chief Minister completely silent on such an important issue? Was there something to hide? Or did the government find it impossible to justify the contents of letters of March 16, 2009? Why was neither Parliament nor the Sabah State Legislative Assembly informed?


Our Ministry of Foreign Affairs also tried to justify the loss of Sabah’s 3 million acres in Blocks L and M by relying on the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) which gave the areas to Brunei.  If UNCLOS 1982 is so clear cut that the 3 million acres belong to Brunei, then why did Malaysia award the same area to an oil company (Murphy Oil) in January 2003?
Does the Ministry think the people have forgotten that the previous month (December 2002), Malaysia had just won the Sipadan/Ligitan case at the International Court of Justice? Malaysia was already an expert on international law on territorial disputes. Surely, our government and Petronas lawyers were already convinced about the Malaysian status of Block L and M before awarding them to Murphy Oil.
Were our foreign ministry officials, our government’s lawyers, our mapping department, Petronas and other agencies so incompetent not to have known whether the areas were within Malaysian or Brunei territory?
Our current Prime Minister calls the solution to the boundaries issue with Brunei as “win win”. What ;win win” is he talking about? For Sabah, it is “lose lose” because Sabah lost the 5% oil royalties worth RM 16 billion and 3 million acres of maritime territory. The “win win” is only for Petronas. This shows that Sabah’s rights and interests have been sacrificed.
This is the price that Sabah has to pay for being the “fixed deposit” of the Barisan Nasional. It seems that Sarawak, which has no UMNO in their state, is doing far better than Sabah which ironically is dominated by UMNO. As stated by ex-Finance Minster Datuk Mohd. Noor Mansor recently, it is time for UMNO to leave Sabah because UMNO has failed to protect Sabah’s interests and rights in Malaysia. It is also time for the federal officials to stop insulting the intelligence of Malaysians in Sabah for thinking that we can be easily taken in by their flimsy arguments.








Persempadanan semula untungkan Malaysia-Brunei?

Neo Chee Hua | May 04, 2010 03:47:53 pm
Isu pertukaran Limbang dengan lapangan minyak Blok L dan M semakin hangat dipertikaikan.  Semua pihak yang terlibat, termasuklah bekas PM Abdullah Ahmad Badawi, PM Najib Razak, Kementerian Luar Negeri, hinggalah Petronas memberi penjelasan bahawa ini formula penyelesaian yang menguntungkan kedua-dua pihak, Malaysia dan Brunei.
Namun demikian, apa yang terdedah setakat ini hanyalah kehilangan hak milik Malaysia ke atas Lapangan Minyak Blok L dan M.  Masalah yang belum menemui penyelesaian termasuklah;-
1. Kerajaan Malaysia masih belum mengumumkan persempadanan semula terbaru yang dipersetujui antara Malaysia dengan Brunei.  Di bawah persetujuan ini, adakah negara kita memiliki atau kehilangan zon cari gali sumber petroleum yang lain?
2. Adakah penduduk Sabah kehilangan royalti minyak lantaran daripada itu?
3. Adakah kita hanya memperolehi hak milik terhadap Limbang pada akhirnya, apabila kita menukar dengan lapangan minyak yang bernilai ratusan bilion ringgit?
4. Mengapa pula Limbang yang dipilih?
Pertukaran dipersetujui kabinet Malaysia
Kenyataan Kementerian Luar Negeri semalam memetik UN Convention of the Law of the Sea pada tahun 1982, menyatakan bahawa Brunei memiliki kedaulatan ke atas lapangan minyak Blok L dan M (Brunei mendakwa kedua-dua blok ini berada dalam lingkungan Blok J dan K), namun cari gali dan pembangunan blok ini dijalankan oleh Brunei bersama Malaysia.
Oleh itu, Kementerian Luar Negeri menganggap penyerahan kedua-dua blok (L dan M) kepada Brunei melalui Exchange of Letters yang dimeterai kedua-dua Malaysia dan Brunei pada tahun 2009, mematuhi undang-undang antarabangsa.
Secara ringkasnya, kenyataan PM Najib, bekas PM Abdullah Ahmad Badawi, malah Petronas telah mengesahkan bahawa kandungan dokumen "pertukaran" ini telah dipersetujui oleh kabinet Malaysia pada 11 Februari 2009, dan dimeterai kedua-dua kerajaan pada 16 Mac 2009.  Dengan itu, Blok L dan M tidak lagi dimiliki Malaysia, dan kini dikenali sebagai Blok CA1 dan CA2.


Persempanadan semula: Dapat atau hilang?
Biarpun Najib, Abdullah dan Kementerian Luar Negeri menekankan bahawa dokumen yang dimeterai antara Malaysia dengan Brunei menyelesaikan pertikaian yang berlanjutan antara Malaysia dengan Brunei selama ini, namun kerajaan Malaysia tetap tidak mengumumkan secara terbuka persempadanan baru darat dan laut yang telah dipersetujui itu.  Malah, bekas PM Mahathir Mohamad yang menghangatkan isu ini menuntut agar dokumennya didedahkan, semalam.
Sekali imbas, lapangan minyak Blok L dan M hanyalah sebahagian daripada kawasan laut yang menjadi pertikaian antara Malaysia dan Brunei untuk sekian lama.  Pada hakikatnya, Blok J dan K yang terletak di luar Borneo (termasuk Blok L dan M), kawasan laut yang kaya dengan sumber petroleum ini adalah kawasan yang direbut antara Malaysia dengan Brunei selama ini.  Sejak dulu Brunei mendakwa bahawa Blok J dan K adalah Zon Ekonomi Eksklusif yang dimiliki Brunei.
Kini, apa yang pasti, Malaysia secara rasminya menyerahkan hak milik lapangan minyak Blok L dan M, dan mengiktiraf kedaulatan Brunei di kedua-dua blok ini.  Kita tidak mengetahui apa-apa selain itu.  Sama ada kita memperolehi atau kehilangan wilayah darat atau laut yang lain, menurut dokumen yang dipersetujui tersebut.
Menurut maklumat yang sedia ada, Blok L dan M terletak bersebelahan dengan Blok K, malah wujudnya pertindihan dengan Zon Ekonomi Eksklusif antara Blok J dan K.  Antaranya, lapangan minyak Kikeh, telah ditemui oleh Murphy Oil Corp bersama Petronas pada tahun 2003.  Dari segi kedudukan geografinya, lapangan minyak yang besar ini terletak dalam Blok K (dakwaan Malaysia) yang bersebelahan dengan Blok L, dan bersebelahan juga dengan Blok J yang didakwa Brunei, malah mungkin berlanjutan ke kawasan Blok J
Mungkin kehilangan lapangan minyak Kikeh
Jika dirujuk kepada kenyataan Kementerian Luar Negeri semalam, Malaysia telah mengiktiraf Blok J dan K sebagai wilayah dalam lingkungan kawasan laut Brunei, dan Brunei kini memiliki kedaulatan ke atas Blok L dan M.  Dengan kata lain, Malaysia mungkin kehilangan hak milik ke atas lapangan minyak KikehLapangan minyak Kikeh dianggarkan mempunyai simpanan 400 hingga 700 juta tong petroleum, dengan pengeluaran yang boleh mencecah antara 120 ribu hingga 125 ribu tong sehari.




Antara lapangan minyak yang masih berada dalam kawasan laut yang sarat dengan pertikaian, termasuklah Kebabangan, yang diberikan oleh Petronas kepada Conoco Philips pada Februari 2005 (terletak di kawasan laut 94 km dari Barat Laut Kota Kinabalu, Sabah); Kinabalu yang diberikan oleh Petronas kepada Sabah Shell Petroleum (terletak di luar Sabah, kawasan laut 34 km dari Pulau Labuan), Gasumut-1 (terletak di kawasan laut pertikaian Malaysia-Brunei), Malikai-1, ND6 dan ND7 di Timur Sabah, lapangan gas asli di Serai, Sarawak dan sebagainya.
Oleh sebab kerajaan Malaysia belum mengumumkan persempadanan baru yang dipersetujui, maka kita tidak pasti sejauh manakah Malaysia kehilangan hak miliknya  terhadap lapangan minyak.  Namun, menurut perhitungan bekas PM Mahathir Mohamad, nilai lapangan minyak Blok L dan M bernilai USD 100 billion (atau RM320 bilion).
Menurut perkiraan pakar dalam bidang petroleum pula, jikalau dikira berdasarkan andaian pengeluaran antara 250 ribu hingga 300 ribu tong sehari di lapangan minyak Blok L dan M, maka lapangan minyak ini boleh kekal antara 15 hingga 20 tahun.  Dengan kata lain, Malaysia dijangka kehilangan RM65.60 juta sehari, RM23.94 bilion setahun dan jumlah RM478.9 bilion untuk 20 tahun.
Penduduk Sabah kehilangan Royalti minyak 17.8 bilion
Jika benar dakwaan kerajaan Malaysia bahawa persetujuan ini merupakan formula penyelesaian "menang-menang", antara Malaysia dengan Brunei, maka persoalannya, apa pula yang diperolehi Malaysia?
Menurut kerajaan, Petronas diundang Brunei untuk menyertai dan membangunkan bersama sumber minyak dan gas di kawasan terbabit untuk tempoh 40 tahun.  Dari tuan milik sumber semulajadi, Petronas kini hanyalah syarikat yang diundang oleh Brunei dalam usaha sama mencari gali sumber di kawasan ini.  Apakah ia "menang-menang" untuk Petronas?  Dalam keadaan kehilangan kedaulatan ke atas Blok ini, sejauh manakah kepentingan yang boleh diraih oleh Petronas dalam usahasama ini?
Di samping itu, kerajaan negeri Sabah juga kehilangan royalti minyak 5%-nya, lantaran "pertukaran" ini.  Seandainya dikira berdasarkan annggaran di atas, kerajaan negeri Sabah akan kehilangan royalti minyak sebanyak RM3.28 juta sehari, RM1.19 bilion setahun dan jumlah RM17.85 bilion dalam tempoh 20 tahun.
Menurut kenyataan Kementerian Luar Negeri, kerajaan persekutuan telah berunding dengan kerajaan negeri Sabah dan Sarawak dalam isu ini, sebelum perjanjian dengan Brunei ditandatangani.  Maknanya, kerajaan negeri Sabah telah bersedia untuk "dikorbankan" (royalti minyak-nya), supaya akur kepada keputusan kerajaan persekutuan.  Untuk penduduk Sabah, apakah ini formula penyelesaian "menang-menang"?

Apakah Limbang memadai?
Khabar yang tersebar kini mendakwa bahawa kerajaan Malaysia mendapat hak miliknya ke atas Limbang di Sarawak dengan melepaskan hak miliknya ke atas Blok L dan M.  Setakat ini, sama ada Najib mahupun Abdullah tidak menjawab, adakah Brunei tidak akan lagi menuntut Limbang, di bawah persetujuan kedua-dua negara tersebut?
Pertamanya, jikalau kerajaan Malaysia mendapat hak milik Limbang dengan hak milik kerajaan negeri Sabah terhadap lapangan minyak, maka pertukaran ini sebenarnya memanfaatkan Sarawak dengan mengorbankan kepentingan Sabah.  Namun, pihak yang mendapat kemenangan bersih ialah Brunei.
Keduanya, jikalau persempadanan semula yang dipersetujui menyaksikan pertukaran Limbang dengan hak milik ke atas lapangan minyak Blok L dan M, apakah pertukaran ini memperlihatkan kewajarannya?  Apakah ini formula "menang-menang" untuk Malaysia?
Menurut maklumat dari wikipedia, Limbang dengan keluasan 7,788 km persegi tidak mempunyai sumber semula jadi seperti petroleum, gas asli mahupun arang.  Aktiviti ekonomi yang utama adalah pembalakan, pertanian secara kecil-kecilan, penanaman dan pelancongan.
Apa yang menarik, pada ketika Mahathir mengkritik Abdullah kerana menukar Limbang dengan lapangan minyak RM320 bilion, khabar di internet pula tersebar bahawa kerajaan Mahathir menyimpan niat menjual Limbang kepada Brunei secara senyap-senyap dengan RM 2 bilion pada zaman 1980-an.  Bagaimanapun, cubaan ini gagal setelah khabarnya terbongkar.
*Neo Chee Hua ialah Assistant Editor MerdekaReview, edisi bahasa Cina.  Diterjemah dan disunting oleh Lim Hong Siang dari artikel asal.







Penjelasan Rais isu Limbang

ARKIB : 09/05/2010
Oleh ZULKIFLI JALIL
pengarang@utusan.com.my
PUTRAJAYA 8 Mei - Rakyat tidak perlu bimbang dengan isu kedudukan Limbang yang dijamin akan selesai dengan sendirinya setelah lima perjanjian yang ditandatangani oleh kerajaan dan Brunei antara 1920 hingga 1939 diakhiri dengan kerjakerja mengukur sempadan. Datuk Seri Dr. Rais Yatim berkata, beliau terpanggil membuat penjelasan itu ekoran 'kontroversi' penyerahan dua kawasan blok minyak, blok L dan M kepada Brunei baru-baru ini kerana terlibat secara langsung selaku Menteri Luar pada Mac 2009 bersama Perdana Menteri ketika itu, Tun Abdullah Ahmad Badawi dalam rundingan dan proses diplomasi dengan kerajaan Brunei.
Malah, kata beliau, persefahaman yang dicapai hasil Pertukaran Surat yang ditandatangani kerajaan dengan Brunei pada Mac 2009 sebenarnya turut menyebabkan Brunei kehilangan 5,165 kilometer persegi kawasan maritim zon ekonomi eksklusifnya. Kawasan maritim negara kesultanan itu menguncup berbanding sebelum 1984. ''Saya dengar (dibangkitkan di Sibu dan diungkit pelbagai pihak termasuk akhbar pembangkang) seolah-olah Malaysia bodoh serahkan seluruh hak wilayah kita sedangkan ia (blok L dan blok M) tidak pernah menjadi milik kita.
''Silapnya pada tahun 1979, pemeta kita sekadar memasukkan tanggapan itu padahal ia terletak dalam Pelantar Benua Brunei dan diiktiraf Konvensyen Pertubuhan Bangsa-Bangsa Bersatu mengenai Undang-Undang Laut (UNCLOS) 1982.
''Begitupun Pertukaran Surat ini ada imbasannya (kaitan) pada Limbang. Apabila lima perjanjian berkenaan diselesaikan kehendak pengukurannya, soal Limbang tidak timbul lagi dan berhasil bagi Malaysia," kata beliau kepada Mingguan Malaysia hari ini.
Lima perjanjian berkenaan ialah:
i. Perjanjian Mengenai Sungai Pandaruan dan daerahnya pada 4 Februari 1920.
ii. Perjanjian Sempadan Sungai Belait dan Sungai Baram 25 Ogos 1931.
iii. Perjanjian Antara Brunei dan Sarawak mengenai Trusan dan Temburong.
iv. Perjanjian Antara Brunei dan Sarawak mengenai Sempadan Limbang dan Brunei dari Pantai ke Bukit Gadong 24 Februari 1933.
v. Perjanjian 4 November 1939 antara kedua-dua pihak.
Kelima-lima perjanjian inilah meletakkan Limbang dan dipersetujui bahawa terusan-terusan Pagalayan hingga ke Bukit Traja ditentukan oleh perjanjian tersebut.
Rais yang kini menyandang Menteri Penerangan, Komunikasi dan Kebudayaan berkata, dakyah kononnya Malaysia kehilangan wilayahnya telah dibangkitkan menjelang pengundian Pilihan Raya Kecil Parlimen Sibu 16 Mei ini dan justeru beliau terpanggil untuk menerangkan beberapa aspek justifikasi demi kenegaraan dan hubungan diplomasi dengan Brunei.
"Brunei dengan rela hati bersetuju bahawa kawasan maritimnya menguncup selepas Pertukaran Surat 2009. Ini keikhlasan tidak ternilai dan Malaysia tahu jika dibawa ke Mahkamah Keadilan Antarabangsa (di The Hague, Belanda) kemungkinan kita beroleh hasil lebih positif lebih jauh kes Batuan Tengah di Batu Putih," katanya.
Mengulas lanjut, beliau berkata, sebelum ini perairan di blok L dan M dikenali CA1 dan CA2 mengeluarkan hasil minyak dan hidrokarbon digunakan oleh rakyat Malaysia untuk mencari nafkah dan berniaga.
Namun secara tiba-tiba Petronas menganggap ia perairan negara dan mewujudkan kerjasama carigali dengan Murphy Oil di Sabah.
"Bagaimanapun Brunei dalam perbincangannya bersetuju untuk berusahasama dalam kedua-dua petak komersial tadi termasuk minyak di bawah tajuk Perolehan Kerajaan untuk Malaysia bagi tempoh 40 tahun bermula dari tarikh Production Sharing Contract (PSC).
"Juga dipersetujui oleh Brunei tentang hak laluan kekal bagi rakyat Malaysia dan Sarawak melintas dan menggunakan perairan itu untuk mendarat atau pergi ke kawasan sempadan Sarawak dan Brunei. Pendek kata, ia tidak boleh ditarik balik...berterusan," kata beliau.
Pada masa sama Malaysia diberi 10 peratus faedah melalui kontraktor yang dipilih sendiri (iaitu Petronas) dalam hak dan obligasi yang sama.
Seterusnya Malaysia juga akan beroleh melalui Petronas 75 peratus dari hal dan obligasi







DATA DAN MAKLUMAT
ISU
PERJANJIAN MALAYSIA DAN BRUNEI
16 MAC 2009
(TERSURAT DAN TERSIRAT)

Disediakan oleh,
Mior Isfandy Mior Azizan
Unit Kajian dan Maklum Balas Isu Semasa
Dewan Pemuda PAS Pusat
18 Mei 2010

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