More than three weeks after the Cabinet Committee on Economic Affairs gave conditional nod to the USD 9-billion Cairn-Vedanta deal, the Oil Ministry on Tuesday sent a formal letter to the companies informing of the decision.
“The letter was collected by Cairn India representatives this afternoon,” an Oil Ministry official said.
Cairn Energy Plc, which is selling 40 per cent out its 62.4 per cent stake in its Indian unit to London-listed, India-focused mining group Vedanta Resources, was eagerly awaiting the formal letter so that it can quickly conclude the transaction.
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Sources said the letter was immediately faxed to Edinburgh, where the board of Cairn India, whose chairman is Bill Gammell (Head of Cairn Energy), was meeting to approved earnings for the first quarter ended June 30.
Cairn Energy wants the approval letter to be taken up by the Cairn India board at Tuesday’s meeting itself, they said.
The CCEA had on June 30 given its approval to Cairn Energy for selling its Indian unit to Vedanta subject to the new owner agreeing to share royalty and pay oil cess on mainstay Rajasthan oilfields.
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Sources said since the approval involved conditional access, the oil ministry sent the letter informing of the decision to the law ministry for vetting.
The draft was approved by Law Minister Salman Khurshid on Monday. Cairn India had applied for permission for change of control in its 10 properties, including the crown-jewel Rajasthan oilfields.
Government’s nod to the transaction is subject to Cairn or its successor agreeing to treat royalty payments on Rajasthan oilfields as recoverable from oil sales.
Also, Cairn India will have to withdraw the arbitration it has initiated disputing its liability to pay Rs 2,500 per tonne oil cess on its 70 per cent share in the fields.
Besides, the approval will be subject to ONGC, which has a stake in all the three oil and gas producing properties and five out of seven exploration assets of Cairn India, waiving its pre-emption rights, which CCEA termed as the partner’s no-objection certificate (NOC).
The deal would also need the security clearance, they said.