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Petroleum Sarawak

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Petroleum Sarawak Berhad
Company typeState-owned enterprise
IndustryOil and gas
PredecessorNone
Founded7 August 2017; 7 years ago (2017-08-07)[1]
FounderAbang Johari Openg
HeadquartersKuching, Sarawak
Area served
Sarawak
Key people
Tan Sri Datuk Amar Hamid Bugo, Chairman[2]
Sauu Kakok, CEO[3]
ProductsPetroleum, natural gas
RevenueIncrease RM 1.2 billion (FY 2021)[4]
OwnerGovernment of Sarawak
SubsidiariesPetrosNiaga Sdn Bhd
Petroleum Sarawak Exploration and Production Sdn Bhd[5]
Petroleum Sarawak Gas Sdn Bhd[6]
Sarawak Gas Distribution Sdn Bhd[6]
Websitehttps://www.petroleumsarawak.com

Petroleum Sarawak Berhad (PETROS) is a state-owned oil and gas exploration firm established and owned by the State Government of Sarawak.

Background

[edit]

Sarawak's and Sabah's oil and gas rights were lost to the Federal Government after the 13 May Incident. When the Federal Government made a Proclamation of Emergency in response to the unrest, it unilaterally limited the territorial waters of the Borneo states to three nautical miles. The ownership of the remaining territorial waters were transferred to the Federal Government.[7][8] In 1974, the Federal Government transferred its territorial waters ownership to Petroliam Nasional Berhad (PETRONAS) through the enactment of the Petroleum Development Act 1974.[7] The then chief minister of Sarawak, Abdul Rahman Ya'kub was one of the signatories of this agreement.[9] Among others, the act allowed PETRONAS to regulate the oil and gas industry in Malaysia, and explore mineral resources in both the states.[7] Petronas also gain control over the oil and gas reserves in Sarawak. The revenues from oil and gas will be divided among oil-producing states (5 percent), federal government (5 percent), producer company (41 percent), and Petronas (49 percent).[9]

In 2011, the 1969 Proclamation of Emergency (along with the 1966 & 1977 Proclamations of Emergency) proclamation was lifted which nullified Emergency Ordinances and measures authorised by these proclamations, including the three nautical miles limitation.[10] The Territorial Sea Act 2012 was introduced to limit the territorial waters to three nautical miles limit through an Act of Parliament.[11] Zainnal Ajamain, a political analyst, claimed that the payment of oil royalty to Sarawak is limited to 10 percent according to the Federal Constitution.[12] However, it was argued that the article stipulated in the Federal Constitution only deals with the eligibility of the state of charging duty exports if the state oil royalty is less than 10 percent.[13][14][15]

In 2008, the federal government of Malaysia announced that it had no plans of revising oil royalty rates for Sabah and Sarawak.[16] In 2012, chief minister of Sarawak Abdul Taib Mahmud started a private negotiation with federal government regarding the Sarawak oil royalty.[17] In 2014, Sarawak State Legislative Assembly passed a motion to ask for 20% oil royalty from the federal government.[18] Since then, subsequent chief ministers of Sarawak had been trying to gain more autonomy for oil and gas rights in Sarawak. In May 2015, Petronas agreed to supply cheaper natural gas to Sarawak Energy for power generation.[19] In December 2015, Sarawak state assembly passed another motion that rejects the 2012 Territorial Sea Act; because according to Article 2 of the Constitution of Malaysia, the federal government of Malaysia has no rights to change the state boundaries without the consent of the respective state governments.[18][20]

In August 2016, following a retrenchment exercise by Petronas on Sarawakian workers, the Sarawak chief minister Adenan Satem had threatened to freeze the work permits of non-Sarawakians Petronas workers in the state.[21] However, soon after that, the issue was resolved after Petronas agreed to offer more jobs for the Sarawak people.[22] As of May 2017, Sarawak was still negotiating with Petronas for an increase in oil royalty to 20%.[23]

History

[edit]

In June 2017, the Chief Minister of Sarawak, Abang Johari Openg, announced that Sarawak will establish a state-owned oil and gas exploration company.[24] On 4 July 2017, Abang Johari announced[25] that the petroleum company would be 100 percent owned by Sarawak and will work with Petronas on an equal basis.[26] It was eventually formed on 7 August 2017.[1] The Sarawak government aimed to have Petros in operation by the first quarter of 2018[27] and become an active player in the oil & gas industry by 2020.[28] Sarawak government then sent a legal team to the United Kingdom to search for additional supporting documents regarding the rights of Sarawak in the Malaysian agreement. Among them are Sarawak (Alteration of Boundaries) Order 1954 by the Queen in Council, which stated that Sarawak boundary covers way beyond the three nautical miles.[18][29] In November 2017, Sarawak has formed a special task force to negotiate with Petronas regarding the return of Sarawak oil and gas rights. Sarawak was unwilling to resort to court action to nullify the Territorial Sea Act and Petronas dominance on Sarawak waters so as to preserve the good relationship between the federal and state government.[30]

In February 2018, Abang Johari questioned the validity of the 1974 Petroleum Development Act. This was because the Act was passed during the Emergency Proclamation period from 1969 to 2011. The Emergency Proclamation was abolished in 2011. This raises questions that whether the Petroleum Development Act would cease to become effective after 2011. He also stated that the Petroleum Development Act does not exclude laws such as Sarawak Oil Mining Ordinance 1958 which stated that only Sarawak has the right to issue mining licenses for oil production.[18] In April 2018, the chief minister also announced that under Oil Mining Ordinance 1958 and Gas Distribution Ordinance 2016, Petronas would need to apply mining license from Petros to operate in Sarawak waters by 1 July 2018.[31] Abang Johari also claimed that under the Item 2(c) of the State List, Ninth Schedule of the Federal Constitution, Petros is able to exercise its rights on Sarawak waters. Petronas had welcomed Petros into the oil and gas mining scene as long as Petros acted within the framework of Malaysian Petroleum Development Act, 1974.[32] However, the opposition politicians in Sarawak cast doubts on whether Sarawak has truly regained its oil and gas rights without making any amendments to the existing laws in the country.[33] In April 2018, the opposition coalition, Pakatan Harapan offered a 20% oil royalty deal for Sarawak government if the former wins the federal power in 2018 Malaysian general election,[34] however, Sarawak refused to sign it because it has no legal standing.[35] Pakatan Harapan also proposed the setting up of "Sarawak Petrogas" to jointly manage oil and gas resources together with Petronas; while claiming that Petros is only a "subcontractor in logistics" and failed to perform its duty as an oil and gas company.[36]

After 2018 Malaysian general election, Malaysian federal government changed hands to Pakatan Harapan. On 22 May 2018, Petronas responded to Sarawak state attorney-general that it disagrees that Petronas need to apply license from Petros to operate in Sarawak waters.[37] On 4 June 2018, Petronas filed a suit in the Federal Court of Malaysia in order to assert its position as the exclusive owner of Malaysian oil resources (including Sarawak) and the 1974 Petroleum Development Act is still valid.[38] On 22 June 2018, the federal court of Malaysia denied Petronas application to start legal proceedings against Sarawak because the case is not within the jurisdiction of the federal court.[39] On 10 July 2018, Sarawak state assembly passed the Oil Mining (Amendment) Bill (2018) in order to regulate oil and gas activities in the state. All oil and gas companies operating in Sarawak waters would be given grace period until the end of 2019 to comply with Oil Mining Ordinance (OMO) 1958.[40]

Since 1 January 2019, Sarawak enforced 5% sales on all petroleum products.[41] Initially, Petronas was given dateline until end of September 2019 to pay the sales tax.[42] After that, Petronas was given until end of October 2019 to pay the sales tax.[43] In September 2019, prime minister Mahathir stated that payment of 20% oil royalty is not possible for Sabah and Sarawak because it may compromise financial status of Petronas.[44] On 21 November 2019, the Sarawak government filed a suit against Petronas for not paying the 5% sales tax.[45]

In February 2020, Petros took full control of natural gas supply, sales, and distribution network in the state from Petronas.[46] In March 2020, high court ruled that Sarawak has the power to impose sales tax on Petronas.[47] On 8 May 2020, Petronas agreed to pay RM 2 billion in petroleum products sales tax to Sarawak with a condition that the tax will be lowered on a staggered basis in the future. Besides, both parties also agreed that the Petroleum Development Act 1974 is valid with Petronas as the sole regulator of oil and gas industry in Malaysia.[48] Wan Zulkiflee, chief executive of Petronas quit his post in June 2020, apparently dissatisfied with the outcome of the sales tax issue.[49] In October 2020, Sarawak government issued mining leases in Miri and Marudi to Petros for onshore oil and gas mining.[50] In year 2020, Petros started to distribute liquefied petroleum gas (LPG) to 1,500 business and 2,500 households in Miri and Bintulu.[51] In December 2020, Petros launched its own brand of LPG gas cylinder.[52] In 2023, Petronas found six new oil wells at Balingian and West Luconia geological provinces. The government of Sarawak expressed the desire to collaborate with Petronas on the exploitation of new oil wells as the Sarawak state has ownership rights on the new oil wells as far as 200 nautical miles off the coast as stipulated in the Oil Mining Ordinance 1958.[53]

Corporate affairs

[edit]

Board of directors

[edit]

On 24 August 2017, the Chief Minister's Office announced the five members of the inaugural Board of Directors:[54][55][56]-

  1. YBhg Tan Sri Datuk Amar Hamid Bugo (Chairperson) - Former Sarawak State Secretary;[54]
  2. Sharbini Suhaili - Chief Executive Officer of Sarawak Energy Berhad (SEB), who was the Vice President (Health, Safety, and Environment) of PETRONAS before joining SEB;[54]
  3. YBhg Dato Mohammad Medan Abdullah- Chief Executive Officer of Bintulu Port Holdings Bhd, who is also chairperson with several companies including Petronas Hartabina Sdn Bhd and Petrosains Sdn Bhd;
  4. Heng Hock Cheng - former Managing Director of Shell Gas & Power Malaysia before his retirement in 2006;[54] and
  5. Zuraimi Sabki - State Director of Public Works.[54]
  6. YBhg Datin Josephine anak Hilary Dom[3]

On 21 September 2017 PETROS launched an advertisement to hire a new Chief Executive Officer (CEO) for itself,[57] after announcing earlier that month that they wanted to hire a local CEO.[58] PETROS' chairperson announced that the oil & gas company received over 40 applications from Sarawakians to fill the vacancy.[59] As at 17 January 2018, the position is yet to be filled.[60] On 8 March 2018, Chief Minister Abang Johari announced that Sauu Kakok will be appointed as PETROS' first CEO.[61][62] This followed months of speculation and search.[63]

By 8 November 2017, advertisements to hire human resource manager (HRM), chief operating officer (COO) and chief financial officer (CFO) started appearing on job boards.[64]

Collaborations

[edit]

In January 2018, PETROS signed a memorandum of understanding (MOU) with Petrotel Energy Oman LLC to "explore the possibility of co-operation to develop the downstream sector of oil and gas industries in Sarawak”.[60][65] In December 2022, Petros collaborate with South Korea's Posco Group on the development of carbon capture and storage (CCS) business.[66] In January 2023, Petros won oil exploration rights from Petronas in Baram Junior Cluster within the Baram Delta Province offshore Sarawak.[67]

Subsidiaries

[edit]

In March 2022, Petronas Dagangan Berhad (a subsidiary of Petronas) sold its LPG business to PetrosNiaga Sdn Bhd (a subsidiary of Petros) in exchange of 49% stake in PetrosNiaga.[68]

References

[edit]
  1. ^ a b "Petros officially formed, says Sarawak CM". www.thesundaily.my. 7 August 2017. Retrieved 2018-01-18.
  2. ^ "Sarawak to get back lost rights". The Borneo Post. Retrieved 8 March 2018.
  3. ^ a b "Saau Kakok appointed CEO of Petros". The Borneo Post. Retrieved 8 March 2018.
  4. ^ Sarah Hafizah Chandra (20 October 2022). "PETROS growing rapidly, records RM1.2 billion in revenue in 2021: Premier". New Sarawak Tribune. Retrieved 18 November 2022.
  5. ^ Ronnie Teo; Sharon Kong (13 November 2022). "High time for Sarawak's O&G to stand on its own feet". The Borneo Post. Retrieved 18 November 2022.
  6. ^ a b Jack Wong (7 December 2020). "Petros enters gas business in Sarawak and Indonesia". The Star. Retrieved 18 November 2022.
  7. ^ a b c Sendou Ringgit, Danielle (8 January 2016). "How the 13 May race riots affected Sabah and Sarawak". The Borneo Post. Archived from the original on 10 May 2016. Retrieved 10 May 2016. All of these safeguards over territory were suspended on May 13, 1969, ... Parliament getting suspended and the state of emergency was implemented nationwide ... Through the new ordinances and gazettes, Zainnal said that the continental shelf of both Borneo states were limited to just three nautical miles.
  8. ^ Lukas, Strumann (21 October 2014). Money Logging: On the Trail of the Asian Timber Mafia. Schwabe AG. pp. 102–103. ISBN 9783905252705. Retrieved 22 September 2015. When negotiations failed, Kuala Lumpur seized the disputed parts of the continental shelf invoking 1969 emergency measures.(pages 102 and 103), When the question came out again in the early 1970s, Taib, as a minister of primary industries, was the responsible member of the federal government, and his uncle was chief minister of Sarawak. The conflict was sorted out as an internal family affair. (page 103)
  9. ^ a b Faisal, S Hazis (2012). Domination and Contestation: Muslim Bumiputera Politics in Sarawak. Institute of Southeast Asian Studies. p. 93. ISBN 978-981-4311-58-8. Retrieved 11 December 2015.
  10. ^ "Emergency laws lifted, EO void". Free Malaysia Today. 2011-11-24. Retrieved 2018-05-01.
  11. ^ Ajamain, Zainnal (7 April 2014). "Petronas not 'legal owner' of Sabah, S'wak waters". Free Malaysia Today. Archived from the original on 8 April 2014. Retrieved 10 May 2016. As at May 24, 2012 Petronas is no longer the "legal owner" of the Sabah and Sarawak territorial waters. The Federal Government had tried to rectify their mistakes by tabling Act 750 under the Malaysia Territorial Sea Act 2012, and passing in parliament in June 2012.
  12. ^ Davidson, Desmond (29 October 2015). "Sabah, Sarawak only entitled to 10% oil royalty under constitution, says activist". The Malaysian Insider. Archived from the original on 30 October 2015. Retrieved 20 May 2016.{{cite news}}: CS1 maint: unfit URL (link)
  13. ^ Hisyam Aliman, Khairie (31 October 2015). "Why Sarawak really can ask for 20pc royalties". The Malay Mail. Archived from the original on 12 December 2015. Retrieved 20 May 2016.
  14. ^ Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore - Annex A - item 46(b) . 1962. p. 30 – via Wikisource.
  15. ^ Constitution of Malaysia - Article 112C . 1963 – via Wikisource.
  16. ^ "Petronas royalty rates to stay". The Star (Malaysia). 14 May 2008. Archived from the original on 2 May 2018. Retrieved 2 May 2018.
  17. ^ Joseph, Tawie (27 August 2012). "Why re-negotiate oil deal in private?". Free Malaysia Today. Archived from the original on 19 April 2016. Retrieved 2 May 2018.
  18. ^ a b c d Khairie, Hisyam Aliman (8 February 2018). "Cover Story: Why Sarawak questions the Petroleum Development Act". The Edge Weekly (Malaysia). Archived from the original on 2 May 2018. Retrieved 2 May 2018.
  19. ^ "Oil royalty decision lies with fed govt - chief minister". The Borneo Post. 30 April 2015. Retrieved 3 May 2018.
  20. ^ Phyllis, Wong (30 October 2016). "Territorial Sea Act null and void?". The Borneo Post. Archived from the original on 30 August 2017. Retrieved 5 May 2018.
  21. ^ Richard, T.W (12 August 2016). "Adenan: We'll scrap permits if Petronas doesn't cooperate". Free Malaysia Today. Archived from the original on 3 May 2018. Retrieved 3 May 2018.
  22. ^ Esther, Landau (27 August 2016). "Sarawak-Petronas impasse over, 7 steps to resolve woes, says Adenan". New Straits Times. Archived from the original on 4 November 2016. Retrieved 3 May 2018.
  23. ^ "Sarawak still negotiating with Petronas on increase in oil royalty". The Sun Daily. 22 May 2017. Archived from the original on 22 May 2017. Retrieved 7 June 2018.
  24. ^ "Sarawak tubuh syarikat minyak sendiri". BH Online (in Malay). 2017-06-11. Retrieved 2018-01-18.
  25. ^ "S'wak forming O&G firm to do own exploration". MalaysiaKini. 4 July 2017.
  26. ^ Tawie, Sulok (9 August 2017). "CM: Sarawak oil company equal with Petronas". Malay Mail Online. Retrieved 30 November 2017.
  27. ^ "Sarawak to set up own oil company amid ongoing talks with Petronas - Business News | The Star Online". The Star Online. 5 September 2017. Retrieved 2018-01-18.
  28. ^ "Petros up and running by 2020". Borneo Post Online. 2018-01-14. Retrieved 2018-01-18.
  29. ^ Jonathan, Chia (9 August 2017). "Successful mission". The Borneo Post. Archived from the original on 10 October 2017. Retrieved 5 May 2018.
  30. ^ Sharon, Ling (9 November 2017). "Sarawak Assembly approves high-level task force to discuss issues under Malaysia Agreement". The Sun Daily. Archived from the original on 9 November 2017. Retrieved 7 June 2018.
  31. ^ Ogilvy, Geryl (19 April 2018). "Abang Johari: Oil and gas companies must get relevant permits by July 1". The Star (Malaysia). Archived from the original on 19 April 2018. Retrieved 30 April 2018.
  32. ^ Churchill, Edward (8 March 2018). "Petronas welcomes Petros". The Borneo Post. Archived from the original on 8 March 2018. Retrieved 30 April 2018.
  33. ^ Desmond, Davidson (7 March 2018). "Not true that Sarawak has reclaimed oil and gas rights, says opposition". The Malaysian Insight. Archived from the original on 5 June 2018. Retrieved 5 June 2018.
  34. ^ "Pakatan offers 'New Deal Agreement' to state BN". The Borneo Post. 10 April 2018. Archived from the original on 7 June 2018. Retrieved 7 June 2018.
  35. ^ "PH Sarawak's 'New Deal Agreement' no force of law — Abdullah". The Borneo Post. 19 May 2018. Archived from the original on 21 May 2018. Retrieved 7 June 2018.
  36. ^ "SUPP trying to cover-up failures, says opposition leader". Dayak Daily. 20 February 2018. Archived from the original on 18 June 2022. Retrieved 2 June 2022.
  37. ^ Intan Farhana, Zainul (9 June 2018). "The Petronas-Sarawak oil intrigue". The Star (Malaysia). Archived from the original on 10 June 2018. Retrieved 10 June 2018.
  38. ^ Raynore, Mering (4 June 2018). "See you in court, Sarawak government tells Petronas". The Malay Mail. Archived from the original on 4 June 2018. Retrieved 4 June 2018.
  39. ^ "Petronas loses bid to challenge Sarawak govt". The Star (Malaysia). 23 June 2018. Archived from the original on 23 June 2018. Retrieved 24 June 2018.
  40. ^ Jacob, Achoi (10 July 2018). "State Legislative Assembly passes Oil Mining (Amendment) Bill, 2018". The Borneo Post. Archived from the original on 11 July 2018. Retrieved 12 July 2018.
  41. ^ Sharon, Ling. "Sarawak to charge 5% sales tax on petroleum products from next year". 5 November 2018. Archived from the original on 6 November 2018. Retrieved 29 September 2019.
  42. ^ Lim, How Pim. "Petronas given to end of September to pay 5 pct sales tax on petroleum products". The Borneo Post. Archived from the original on 16 September 2019. Retrieved 29 September 2019.
  43. ^ Sam, Chua (28 September 2019). "Sarawak govt will sue Petronas if it doesn't pay 5pct sales tax by October, says Abdul Karim". The Borneo Post. Archived from the original on 28 September 2019. Retrieved 29 September 2019.
  44. ^ "Dr M: 20pct oil royalty for Sarawak, Sabah 'really not workable'". 27 September 2019. Archived from the original on 28 September 2019. Retrieved 29 September 2019.
  45. ^ Sulok, Tawie (21 November 2019). "Sarawak files lawsuit against Petronas in bid to recover unpaid sales tax". The Malay Mail. Archived from the original on 21 November 2019. Retrieved 21 November 2019.
  46. ^ Larissa, Lumandan (12 February 2020). "Petros takes over control of Sarawak gas from Petronas". Free Malaysia Today. Archived from the original on 13 February 2020. Retrieved 13 February 2020.
  47. ^ Sulok, Tawie (13 March 2020). "High Court rules for Sarawak in sales tax dispute with Petronas". The Malay Mail. Archived from the original on 14 March 2020. Retrieved 14 March 2020.
  48. ^ Aziz, Adam (8 May 2020). "Petronas to pay Sarawak RM2b sales tax for 2019, with resolution reached on future arrangements". The Edge Markets. Archived from the original on 10 May 2020. Retrieved 10 May 2020.
  49. ^ "Exclusive: Chief of Malaysia's Petronas quit over payment to state, sources say". Reuters. 2020-06-19. Retrieved 2023-09-22.
  50. ^ "Sarawak govt assumes control of oil and gas resources in Miri, Marudi". Malaysiakini. 31 October 2020. Archived from the original on 1 November 2020. Retrieved 4 November 2020.
  51. ^ Aubrey, Samuel (2 December 2020). "State govt mulling gas distribution system for Kuching, Kota Samarahan". The Borneo Post. Archived from the original on 3 December 2020. Retrieved 3 December 2020.
  52. ^ Ten, Marilyn (2 December 2020). "Sarawak's Petros brand LPG launched, to be distributed next year". The Borneo Post. Archived from the original on 3 December 2020. Retrieved 3 December 2020.
  53. ^ "Sarawak lays claim on new Petronas oil fields". Free Malaysia Today. Archived from the original on 9 September 2023. Retrieved 9 September 2023.
  54. ^ a b c d e "Petros names Hamid Bugo chairman". BorneoPost Online | Borneo, Malaysia, Sarawak Daily News. 2017-08-25. Retrieved 2018-01-18.
  55. ^ "Board of Directors announced". Office of the Chief Minister of Sarawak. 2 September 2017.
  56. ^ "Hamid Bugo appointed chairman of Petros". Free Malaysia Today. MToday News. 25 August 2017. Retrieved 30 November 2017.
  57. ^ "Petroleum Sarawak Berhad is inviting candidates for the position of Chief Executive Officer". The Borneo Post. 21 September 2017.
  58. ^ Wong, Jack (9 September 2017). "Search for Petros CEO intensifies". The Star. Star Media Group. Retrieved 30 November 2017.
  59. ^ "Petros gets 40 applications from Sarawakians for CEO - Business News | The Star Online". The Star Online. 8 November 2017. Retrieved 2018-01-18.
  60. ^ a b "Petroleum Sarawak signs up for Petrotel's expertise in oil and gas | The Malaysian Insight". The Malaysian Insight. 17 January 2018. Retrieved 2018-01-18.
  61. ^ "Saau Kakok appointed CEO of Petros". Borneo Post Online. 8 March 2018. Retrieved 20 April 2018.
  62. ^ "Saau Kakok dilantik CEO PETROS | Astro Awani". www.astroawani.com (in Malay). Retrieved 2018-04-20.
  63. ^ "Bidayuh oil and gas veteran picked as Petros CEO, industry sources say | The Malaysian Insight". www.themalaysianinsight.com. Retrieved 2018-04-20.
  64. ^ "HRM, COO & CFO Advert". myStarJob. Star Media Group. 8 November 2017.
  65. ^ "Sarawak, Oman teroka kerjasama petroleum, pembangunan tenaga". BH Online (in Malay). 2018-01-17. Retrieved 2018-01-18.
  66. ^ Chung, Hailey (12 December 2022). "Petros and South Korea's Posco to collaborate on carbon capture and storage business in Sarawak". The Edge Markets (Malaysia). Archived from the original on 12 December 2022. Retrieved 17 December 2022.
  67. ^ "Petros wins PSCs for two offshore clusters in Sarawak". The Borneo Post. 18 January 2023. Archived from the original on 19 January 2023. Retrieved 19 January 2023.
  68. ^ "PetDag to sell Sarawak LPG business to Petros unit in cash, share subscription deal". The Star (Malaysia). 9 March 2022. Archived from the original on 10 March 2022. Retrieved 10 March 2022.