3 days EAM/CFEP
- Professionals from the E&P sector and managers who need a practical understanding of all the concepts, principles and rules of Oil & Gas patrimonial contracts between host countries and international oil companies.
- To provide participants with an good understanding of the shape and dynamics of Oil & Gas Exploration-Production contracts.
- Upon completion of the course, participants will be able to:
- identify the key issues and constraints in the contractual negotiations between host countries, NOCs and IOCs,
- categorize the different tax systems and contractual frameworks in existence,
- identify the main contractual and fiscal clauses of E&P contracts.
- No prerequisites for this course.
Ways and means
- Comparative reading on a HC law and a E&P contract.
- Exercises on rent sharing.
- Examples of petroleum laws & fiscal regimes around the world.
LEGAL FRAMEWORK 0.5 day
- Objectives of actors, role of national oil companies, stakes in E&P.
- Principles of rent sharing, property of hydrocarbons and State sovereignty.
- Procedure for contracts awarding, different regimes and petroleum laws in the world.
- Legal approach of petroleum law conception and implementation.
CONTRACTUAL & FISCAL FRAMEWORK 1 day
- Main evolutions in contractual relationships.
- Concessions contracts: principles, State's revenues, examples of tax regimes and case studies.
- Production-sharing contracts: principles, examples, of tax regimes and case studies.
- Risk-service contracts, buy-back contracts and technical assistance contracts.
- Fiscal and non-fiscal constraints.
- Objectives of a flexible and progressive tax system.
- Exercise: comparison of concession and production sharing contracts.
- Case study: comparative reading between a HC law and an E&P contract.
MAIN ARTICLES OF E&P CONTRACTS 1 day
- General structure of patrimonial contracts.
- Exploration phase: duration, commitments, surrender, data and information, etc.
- Appraisal phase: work program, gas provisions, commerciality, etc.
- Development phase: financing, State participation, budgets and development plans, unitization, etc.
- Production phase: work conduct and supervision, audit and accounting, financing, taxation, transportation and marketing of production, hydrocarbon price determination, etc.
- General terms & conditions: title transfer, sole risk, force majeure, local content, environmental protection, governing law and dispute resolution.
- Conclusion: recent trends in oil taxation and patrimonial contracts.
JOINT OPERATING AGREEMENTS 0.5 day
- Main legal provisions in a Joint Operating Agreements (JOA).
- Other agreements: JSBA (Joint Study & Bidding Agreement), unitization, farm-in/farm-out.