Foreign Direct Investment (FDI) in U.S. Energy 2005 Contacts | Home

Release Date: February 2008
Next Release Date: February 2009 

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This report provides an assessment of foreign ownership of energy assets in the United States. Section 657, Subpart 8 of the U.S. Department of Energy Organization Act (Public Law 95-91) requires an annual report to Congress which presents: “a summary of activities in the United States by companies which are foreign owned or controlled and which own or control United States energy sources and supplies ….” The Energy Information Administration intends the information in this report for use by the U.S. Congress, U.S. Government agencies, industry analysts, and the general public.

Findings

§         Natural gas production and, especially, crude oil and natural gas liquids production in the United States by FDI-affiliate companies declined in 2005, in part because production in the Gulf of Mexico by the two largest FDI-affiliate producers suffered from the effects of two particularly destructive hurricanes.

§         U.S. crude oil distillation capacity owned by FDI affiliates increased in 2005, largely because two FDI affiliates each acquired a refinery for the first time, and one completed a substantial addition to capacity. In addition, one FDI-affiliate’s refinery was sold.

§         The volume of gasoline sold by and, in particular, the number of branded retail outlets associated with FDI affiliates in the United States fell in 2005, with two of the three largest FDI-affiliate retail networks shedding a large number of stations.

§         The electric power generation capacity owned by FDI affiliates rose, especially at five FDI affiliates that either completed construction or acquired notable amounts of U.S. generating capacity in 2005.

§         Net capital flows from foreign direct investors into the petroleum and natural gas sector of the U.S. energy industry increased markedly in 2005, while flows to the electric power generation sector remained small.

Background and Definitions

Foreign direct investment in the United States is defined as the ownership or control, directly or indirectly, by one foreign investor of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or the equivalent interest in an unincorporated U.S. business enterprise (or asset). Ownership or control of less than 10 percent of the voting securities of a business is not considered to be direct investment. In this report, an FDI-affiliate company or FDI affiliate is a U.S. business in which there is foreign direct investment.[1] All of the information in this report is from publicly available sources. This report describes the role of direct foreign ownership of U.S. energy enterprises with respect to their energy operations, capital investments, and net foreign investment flows (including net loans). For a discussion of acquisitions and divestitures of U.S. energy assets by foreign investors in 2005, see “Acquisitions and Divestitures by Foreign Direct Investors in U.S. Energy 2005.”[2]

FDI is one measure of the continuing influence or control of foreign companies or individuals over the management and disposition of U.S. assets of production.[3] However, determining influence or control of a company is often a complex and subjective process in which many factors other than the percentage of voting rights or ownership must be considered. While holding 10 percent or more of a company’s voting rights suggests control of that company, it does not guarantee it.[4]



[1] The FDI-affiliate companies included in this report include all of the U.S. energy companies that could be determined to be FDI affiliates from publicly available information by the Energy Information Administration.

[2] Energy Information Administration, (Washington, DC, May 23, 2007). 

[3] The U.S. International Investment and Trade in Services Survey Act stipulates that “ownership or control of 10 percent or more of an enterprise’s voting securities is considered evidence of a lasting interest in or a degree of influence over [the enterprise’s] management sufficient to constitute direct investment.” Alicia M. Quijano, “A Guide to BEA Statistics on Foreign Direct Investment in the United States,” Survey of Current Business (Washington, DC, February 1990), p. 29.

[4] The percentage amount is, of necessity, arbitrary, because no exact percentage of ownership is necessary to achieve control of a company. Even ownership of greater than 50 percent of a company may not be sufficient for control, because the approval of more than a majority of owners may be required for some actions to be taken. For further discussion and a comprehensive analysis of FDI in the United States, see Edward M. Graham and Paul R. Krugman, Foreign Direct Investment in the United States, 3rd ed., (Washington, DC: Peter G. Peterson Institute for International Economics, 1995).