Break out session outcomes

PricewaterhouseCoopers Friday, 26 September 2008 Page 2 APEC Energy Trade and Investment Study Agenda Classification of responses Number of responses by category Actions by break out groups

PricewaterhouseCoopers Friday, 26 September 2008 Page 3 APEC Energy Trade and Investment Study Classification of responses 1.Information flow and sharing 2.APEC inventory and benchmarking 3.Transparency and disclosure of policy positions 4.Collaboration across fora 5.Establish common principles/laws/regulations/standards 6.Technology development support and financial support 7.Stakeholder engagement

PricewaterhouseCoopers Friday, 26 September 2008 Page 4 APEC Energy Trade and Investment Study Number of responses by category

PricewaterhouseCoopers Friday, 26 September 2008 Page 5 APEC Energy Trade and Investment Study Policy uncertainty Weak legal systems Category 3 - Transparency and disclosure of policy positions “APEC economies to provide information on their protection of property rights to the APEC Secretariat who would publish an APEC property rights protection scorecard.” Category 4 – Collaboration across fora “Selection and appointment of strong and talented regulator who can see far ahead and has good recognition of current domestic and regional situation (Leadership)”

PricewaterhouseCoopers Friday, 26 September 2008 Page 6 APEC Energy Trade and Investment Study Policy uncertainty Weak legal systems Category 5 – Establishment of Common Principles “Application of the 3 C’s to stop policy fluctuations – create legal impediments to change as and when governments change” “Agreed upon procedures template for disclosure of all key facets of energy policy and investment for all APEC economies (Voluntary completion of APEC database)”

PricewaterhouseCoopers Friday, 26 September 2008 Page 7 APEC Energy Trade and Investment Study Lack of competition and anti-competitive behaviour Inadequate infrastructure Category 1 – Information flow and sharing “Establish an APEC Energy and Climate Policy Review Committee to urgently examine and report on the intersection between climate and trade policies. This committee should consider the feasibility of a sector- specific approach to the reduction of emissions in the LNG sector in consultation with APGAS and interested business organisations. The committee should be provided with an appropriate budget for this task.” “ Develop an energy specific IFAP for the endorsement of Energy Ministers”

PricewaterhouseCoopers Friday, 26 September 2008 Page 8 APEC Energy Trade and Investment Study Lack of competition and anti-competitive behaviour Inadequate infrastructure Category 2 - APEC inventory and benchmarking “Convene regional meetings of power producers to identify constraints in the expansion of cross-border electricity transmission infrastructure.” Category 3 - Transparency and disclosure of policy positions “APEC Energy Ministers must meet on a biannual basis to address energy trading and investment issues.”

PricewaterhouseCoopers Friday, 26 September 2008 Page 9 APEC Energy Trade and Investment Study Limits on foreign ownership of energy businesses Screening or approval requirements for foreign investment in energy businesses Category 1 – Information flow and sharing “ APEC economies to provide information on their foreign investment restrictions including limits, screening and approvals processes to the APEC Secretariat which would publish an APEC foreign investment facilitation scorecard.” Category 2 - APEC inventory and benchmarking “Propose and create an APEC wide approach to foreign investment. Streamline the rules and processes across member economies. (long term)

PricewaterhouseCoopers Friday, 26 September 2008 Page 10 APEC Energy Trade and Investment Study Limits on foreign ownership of energy businesses Screening or approval requirements for foreign investment in energy businesses Category 3 - Transparency and disclosure of policy positions “Develop a ‘best practices’ code including recommended timeframes for review of decisions and evaluation criteria for national security/national interest considerations.” Category 4 – Collaboration across fora “Limits on foreign ownership is a kind of protection of the benefit of the country. Investment in the energy sector is mostly made via concessions or similar protocols. This kind of investment is protected from competition so the benefit of the investment should be allocated to the host country via the a share in the benefits of ownership.”

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