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EXPLORATION & PRODUCTION
CONTRACTS/AGREEMENTS
NAME ; MUNIRA ABUBAKARI
SENIOR PROGRAMMES MANAGER
AFRICA CENTRE FOR ENERGY POLICY
PRESENTATION OUTLINE
• Petroleum contract/agreement
• Type of contracts ; merits/ demerits
• Risk associated with the process of contracting
• Exploration license award process in Ghana
PETROLEUM CONTRACT /AGREEMENT
• According to Revenue Watch Institute,
“Contracts detail the commitment between
governments and companies that determine
the net benefits derived from resource
extraction”
• Petroleum contracts takes many different
forms
TYPES OF PETROLEUM CONTRACTS
1. Concessions ;
• under this system, a company acquires a piece
of land from land owners(government/state)
with the hope of finding petroleum resources.
This system is common in the United State.
Under this system, companies have exclusive
right to prospect for petroleum resources on
the defined land demarcated in contract
documents.
Advantages /Disadvantages
advantages
• For governments, it is more
straight forward than other
types
• Less professional support in
the contracting
process/negotiation
• Fees paid to government is not
affected in case of no
discovery or oil discovered is
not in commercial quantity.
• Contractor carries risk of
exploration
Disadvantage
• Contractors /companies are
careful when bidding under
this system, due to potential
high risk ( especially if it not
proven data)
Production sharing
agreements/contracts(PSC/PSA)
• Under this system, the ownership of potential
resources is not vested in
contractors/companies but the state.
• Contractors extract oil and gas resources for
the state
• This system was first used in Indonesia as a
move towards resource nationalism among
resource rich under developed countries.
PSA/PSC
Advantages
• For governments,
contractors bear
operational risk in
exploration and production
• Governments shares
potential profits without
making initiation
investment
Disadvantages
• This system needs technical
expertise in contract
negotiation period. Experts
in
• environmental, financial,
commercial, and legal
SERVICE CONTRACTS
Under this system contractors do not have rights to
resources discovered.
Contractors are paid for services delivered to the
government or the state in the petroleum value
chain
Expertise that companies deliver to government
include, exploration using modern methods,
transportation, production and technologies used,
consultancies ( exploration data etc) refining
Service contracts
advantages
• For governments, they own
entirely the resources
Disadvantage
• ?
JOINT VENTURE
• This is involves the state represented by
national oil company negotiating and
managing state carried interest
• Contractors are given the right to explore,
develop, produce and sell oil
JOINT VENTURE
Advantages
• For governments, they can
count on the expertise of
international oil companies
in decision making
Disadvantages
• It does not have accepted
format, hence negotiations
take long
• Experts are also required
during negotiations
• Cost is shared among
parties
• Liability and risk is shared
• Ethical issues, conflict of
interest of the state
POTENTIAL RISK
• For the government, the potential risk areas are;
• Inability of the negotiation team to do due diligence
during negotiation of PA
• During formulation of Petroleum Bills,
parliamentarians need to be careful of foreign
influence especially international oil companies
• Giving too much discretionary powers to petroleum
minister by the law
• Adopting administrative system of contracting instead
of open contracting
• The Fiscal arrangements and governments take( royalty
waivers, taxes and percentage of government
EXPLORATION LICENCE AWARD
PROCESS
• Applicant letter of interest to the Minister
• Minister notifies Petroleum
Commission(Applicant invited)
• Applicant applies for block
• Evaluation committee reviews application(
MOE, GRA , AG Department, GNPC
• Negotiation of PA
• Draft PA prepared
Continuation of process
Relevant ministers consulted on draft agreement
Minister sends draft agreement to cabinet for
approval
Minister sends draft agreement to parliament
for ratification
PA becomes effective on the date of ratification

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EXPLORATION & PRODUCTION training programme

  • 1. EXPLORATION & PRODUCTION CONTRACTS/AGREEMENTS NAME ; MUNIRA ABUBAKARI SENIOR PROGRAMMES MANAGER AFRICA CENTRE FOR ENERGY POLICY
  • 2. PRESENTATION OUTLINE • Petroleum contract/agreement • Type of contracts ; merits/ demerits • Risk associated with the process of contracting • Exploration license award process in Ghana
  • 3. PETROLEUM CONTRACT /AGREEMENT • According to Revenue Watch Institute, “Contracts detail the commitment between governments and companies that determine the net benefits derived from resource extraction” • Petroleum contracts takes many different forms
  • 4. TYPES OF PETROLEUM CONTRACTS 1. Concessions ; • under this system, a company acquires a piece of land from land owners(government/state) with the hope of finding petroleum resources. This system is common in the United State. Under this system, companies have exclusive right to prospect for petroleum resources on the defined land demarcated in contract documents.
  • 5. Advantages /Disadvantages advantages • For governments, it is more straight forward than other types • Less professional support in the contracting process/negotiation • Fees paid to government is not affected in case of no discovery or oil discovered is not in commercial quantity. • Contractor carries risk of exploration Disadvantage • Contractors /companies are careful when bidding under this system, due to potential high risk ( especially if it not proven data)
  • 6. Production sharing agreements/contracts(PSC/PSA) • Under this system, the ownership of potential resources is not vested in contractors/companies but the state. • Contractors extract oil and gas resources for the state • This system was first used in Indonesia as a move towards resource nationalism among resource rich under developed countries.
  • 7. PSA/PSC Advantages • For governments, contractors bear operational risk in exploration and production • Governments shares potential profits without making initiation investment Disadvantages • This system needs technical expertise in contract negotiation period. Experts in • environmental, financial, commercial, and legal
  • 8. SERVICE CONTRACTS Under this system contractors do not have rights to resources discovered. Contractors are paid for services delivered to the government or the state in the petroleum value chain Expertise that companies deliver to government include, exploration using modern methods, transportation, production and technologies used, consultancies ( exploration data etc) refining
  • 9. Service contracts advantages • For governments, they own entirely the resources Disadvantage • ?
  • 10. JOINT VENTURE • This is involves the state represented by national oil company negotiating and managing state carried interest • Contractors are given the right to explore, develop, produce and sell oil
  • 11. JOINT VENTURE Advantages • For governments, they can count on the expertise of international oil companies in decision making Disadvantages • It does not have accepted format, hence negotiations take long • Experts are also required during negotiations • Cost is shared among parties • Liability and risk is shared • Ethical issues, conflict of interest of the state
  • 12. POTENTIAL RISK • For the government, the potential risk areas are; • Inability of the negotiation team to do due diligence during negotiation of PA • During formulation of Petroleum Bills, parliamentarians need to be careful of foreign influence especially international oil companies • Giving too much discretionary powers to petroleum minister by the law • Adopting administrative system of contracting instead of open contracting • The Fiscal arrangements and governments take( royalty waivers, taxes and percentage of government
  • 13. EXPLORATION LICENCE AWARD PROCESS • Applicant letter of interest to the Minister • Minister notifies Petroleum Commission(Applicant invited) • Applicant applies for block • Evaluation committee reviews application( MOE, GRA , AG Department, GNPC • Negotiation of PA • Draft PA prepared
  • 14. Continuation of process Relevant ministers consulted on draft agreement Minister sends draft agreement to cabinet for approval Minister sends draft agreement to parliament for ratification PA becomes effective on the date of ratification

Editor's Notes

  1. This system was used very well in colonial period to take advantage of colonies
  2. Contractors honour their fiscal obligations such as royalties fees taxes
  3. Ghana is using this system.
  4. In Ghana’s case, GNPC was a regulator and a national oil company.
  5. It is already happening in Ghana where some MPS are influence to serve a different agenda apart from Ghana, in Algeria their petroleum law demands that contractors give 51% state to the state, this fiscal package is not attractive to investors, a review suggested.