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Processing & Monitoring of Nigerian Crude/Gas Production and Proper Accounting of Sales

TIONAL P NA

LEUM RO ET

February 2011

NIGERIAN

OR

P O R AT I O

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Presentation Outline

NIGERIAN

OR

P O R AT I O

1. Background Nigerian Oil & Gas Fiscal Arrangement and Systems


Type of arrangements JVs, PSCs, SCs & Independents Production Contribution and trend Contribution to Government Revenue

2. Role of NNPC In Nigerias Crude Oil/Gas Production & Accounting


Production Quota Allocation & Fiscal Price determination Monitoring Oil & Gas Production and Cost Oil & Gas Sales Revenue and Accounting Applicable Fiscal System

3. Factors influencing Government Share of Oil & Gas Revenue

Production Costs
Oil & Gas Price Business Environment - Security
2

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Presentation Outline (2)

NIGERIAN

OR

P O R AT I O

4. Joint Venture Cash Call Funding Mechanism & Implication on Government Oil Revenues
Cash Call Funding Process Implication of Cash Call Funding On Government Revenues Alternative to Cash Call Funding Funding Managing Cost Fiscal (AGFA) Acreage Management System Institutional Framework Downstream Subsidy

5. Issues, Challenges and Proposed Solutions

6.

Conclusions

TIONAL P NA
NIGERIAN

LEUM RO ET

OR

P O R AT I O

Background

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Background - What is Oil & Gas Fiscal System

NIGERIAN

OR

P O R AT I O

Petroleum means mineral oil (or any related hydrocarbon) or natural gas as it exists in its natural state in strata and does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation Fiscal system or arrangement is the Host Governments most important tool for managing Oil and Gas resources From the international oil companies (IOCs) perspective, fiscal regimes are some of the most critical factors to be considered for investment decisions

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Background - Balance of Objectives

NIGERIAN

OR

P O R AT I O

Maximum Economic Development of Hydrocarbon Resources


Realization of Country s Economic Potential Development of National Expertise Broad Control of Overall Activity Balanced Risk / Reward Relationship Stable Political and Fiscal Environment Management of Operations on Sound Commercial Basis

Government

Investor Company

Fiscal Terms

Fiscal terms act as the contractual balance between the financial Objectives of Government and the investor Company
6

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Background - Fiscal Policy Design

NIGERIAN

OR

P O R AT I O

Government Objective:
Maximize value of the Nations petroleum resource

Investor Objective:
Maximize shareholders interest The challenge of the fiscal system is to ensure that government receives as high a share of the economic value as possible while encouraging the exploration and exploitation of petroleum resources

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Background - Balancing Government Take

NIGERIAN

OR

P O R AT I O

Government Revenue ($ million)

Terms too lenient

Terms too tough

1993/2000 PSCs

JV Royalty/Tax Systems
Optimal terms

Need to increase government take

Need to provide greater incentive

Government Take (% Project Economic Profit) Rent)

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Background Types of Production Arrangements

NIGERIAN

OR

P O R AT I O

Includes Independents

SERVICE FEE CONTRACTS

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Background: Petroleum Contract Arrangement - JV

NIGERIAN

OR

P O R AT I O

Joint Ventures (JV) operations


An arrangement whereby the government is in working partnership with the IOC on an equity contribution basis.
The relationship is governed by the Joint Operating Agreement (JOA).

Under the JOA the Partners retain their separate legal identities with one of them appointed as an Operator.

10

Background: Petroleum Contract Arrangements - JV Participating Interest

NIGERIAN

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

S/no

Name of Joint Venture


NNPC/SPDC/EPN/NAOC

NNPC IOC equity equity (%) (%)


55 Shell 30 Elf - 10 NAOC - 5 40 40 40 NAOC 20 Phillips - 20 40
11

Operator

SPDC

2 3 4 5 6

NNPC/MPN NNPC/CNL NNPC/EPNL NNPC/NAOC/Phillips NNPC/POOC

60 60 60 60 60

MPN CNL EPNL NAOC POOC

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Background: Petroleum Contract Arrangement PSC

NIGERIAN

OR

P O R AT I O

Production Sharing Contracts (PSC)


Govt. is 100% owner of the Blocks.
Contractor provides all funds & and bears all risks All equipments / assets become property of NNPC (Govt.) upon arrival in Nigeria Contractor Pays Royalty Oil Recoups Its Operating Cost

Pays Tax Oil


Shares Part Of Profit Oil

There are currently over 60 PSCs, out of which about 6 are on production

12

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Background: Petroleum Contract Arrangement SC

NIGERIAN

OR

P O R AT I O

Service Contracts (SC)


An Agreement to undertake exploration activities for a fee, either in Cash or Kind.

Main Features Of Service Contract


Contractor Has No Title To Oil
Payment For Services In Cash Or Kind Only One Block Per Contract

Agreed Level Of Work Must Be Met To Continue


Has First Option To Buy Fixed Qty Of Oil Agip Energy & Natural Resources (AENR) is Only Service Cont. Coy. AENR Operates the Agbara field as a Service Contractor

13

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Background: Petroleum Contract Arrangement Marginal Fields Marginal Fields

NIGERIAN

OR

P O R AT I O

Such fields as the President may from time to time identify as marginal fields (Sec. 17 of First Schedule)
Specific fields in the JV concession areas are farmed out to the marginal field operators. The JV companies who are owners of these marginal fields receive an overriding royalty in return for allowing the marginal field operators work these fields. Farm-out of marginal fields is backed by Petroleum Amendment Act No. 23, which introduced paragraph 16A into the First Schedule to the Petroleum Act. Under this amendment a farm-out can only be brought about by the approval of the President under the terms as he may approve.

14

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

Background: Petroleum Contract Arrangement Independents

NIGERIAN

OR

P O R AT I O

Independents
This is a concession type arrangement
Concession licenses are granted to independents to work the blocks on sole risk basis. Government derives royalty and taxes only, from these set of investors

15

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Background: 2009 Lifting by Regimes (Sample)

NIGERIAN

OR

P O R AT I O

16

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

Background - JV and PSC Oil & Condensate Production Forecast

NIGERIAN

OR

P O R AT I O

Oil & Cond Forecast


4,000 3,500 3,000

JV & Deepwater production are on track to achieve GDP growth target by 2011 JV Production will reach 2.5 MMBOPD by 2011. GDP growth aspiration expects JV oil prod (incl. float) of 2.6 MMBOPD by 2011 JV Production will only be attained with sustained investment at the levels shown in the previous slide Any JV production gap due to lack of required investment could be partially filled by deepwater production; however, this will not deliver the expected revenues, as the government take is much less in the deepwater PSCs.

Deepwater PSC Production

BOPD

2,500 2,000 1,500 1,000 500 0


2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Base Production New Oil Projects Unconstrained PSC

Dev Drilling & Work ov er Ongoing Gas Projects

Ongoing Oil Projects New Gas Projects

17

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

Background - JV and PSC Oil & Condensate Production Forecast (2)


ALL FIGURES IN THOUSAND BARRELS OF OIL PER DAY (MBOPD)

NIGERIAN

OR

P O R AT I O

2009 1,297 773 2,070

2010 1,392 800 8 2,200

2011 1,470 824 7 2,300

2012 1,578 1,012 5 2,596

Joint Ventures (JVs) Production Sharing Contracts (PSCs) Service Contracts (SCs) Total 3000 2500 2000 1500 1000 500 0

773 1297 2009

8
800 1392 2010

7
824 1470 2011

5
1012 1578

2012

JVs

PSCs
18

SCs

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

JV Reservoirs are Reservoirs Leading to High Natural Decline Rates Number of wells and cost implication to maintain current production
There is need to drill more wells Just to mainteain current production rates
Crude oil production Production decline Total crude oil production forecast Production to replace anually Production to replace anually Replacement from development drilling Replacement from workovers Total No of development wells required No of workover wells required Total no of wells Cost of development drilling wells Cost of workover wells Total cost of wells to replace maintain prod $MM $MM $MM MBOPD MBOPD MBOPD MBOPD MMBbls MBOPD MBOPD MBOPD 2009 1,629 0 1,629 2010 1,466 163 1,629 163 59 147 16 163 49 16 65 750 82 2011 1,319 310 1,629 310 113 279 31 310 93 31 124 1,451 161 1,613 2012 1,188 441 1,629 441 161 397 44 441 132 44 176 2,101 233 2,335 2013 1,069 560 1,629 560 204 504 56 560 168 56 224 2,728 303 3,031

NIGERIAN

OR

P O R AT I O

2014 962 667 1,629 667 243 600 67 667 200 67 267 3,312 370 3,682

19

831

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: 2010 Crude Oil & Condensate Production Forecast by Business
Arrangement

TIONAL P NA
NIGERIAN

LEUM RO ET

OR

P O R AT I O

Business Arrangement
Joint ventures Alternative Funding Production Sharing Contracts Service Contracts

Production in Thousands Barrels Per Day


1050 342 800 8

Total Production

2,200

20

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Background Federation Account Revenue Flows 2010 Approved Oil and Gas Fiscal Assumptions

NIGERIAN

OR

P O R AT I O

Crude Oil & Condensate Production 2.2 mbp


Natural Gas Production Oil Price Joint Venture Cash Calls

21

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Background Government Revenue Sources

NIGERIAN

OR

P O R AT I O

NNPC -NAPIMS
JOINT VENTURES (6)
PRODUCTION SHARING CONTRACTS (PSC)) Over 50 blocks distributed among these coys SERVICE CONTRACT (SC) (1) (AENR)
PSC COMPANIES 1. ADDAX PET. DEV. CO. LTD 2. ADDAX PET. EXPL. LTD. 3. ADDAX OIL & GAS NIG LTD 4. CHEVRON STARDEEP 5. CONOCO 6. ELF 7. TEXACO NIG OUTER SHELF 8. SHELL NIG. EXPL 9. STATOIL 10 . ESSO OPL 214 11. ESSO OPL 209 12. NAE 13. NAE/NPDC 14. NAOC 15. PETROBRAS 16. PHILLIPS 17.. ORANTO 18. OCEAN ENERGY PSC COYS Contd 19.TOTAL UPSTREAM 20.BRITISH GAS 21.CONOIL 22.CENTRICA 23.KNOC 24.OANDO 25.CNODC 26.CNPC 27. STERLING GLOBAL 28.STERLING EXP. 29.NNDC 30 OMEL 31.GAS TRANSMISSION 32. AENR (SC)

NNPC/SHELL/ELF/AGIP NNPC/MOBIL NNPC/CHEVRON NNPC/AGIP/PHILIPS NNPC/ELF NNPC/PAN OCEAN

(55%) (60%) (60%) (60%) (60%) (60%)


FRONTIER EXPL. SERVICES (FES)

GOVERNED BY

JOA

GOVERNED BY

PSC

Background - Comparative Revenue Flow to Federation Account from JVs & PSCs
Data Set: Well Cost IDC TWI Facilities Cost Operating Cost Sales volume Crude Oil Price $MM % % $MM $MM MMBbls $/bbl JV 85.0% 18.5% 10.0% NA 100 80.0% 20.0% 150 160 40 50 93 PSC 50.0% 2.0% NA 50.0%

NIGERIAN

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

1.

Update Technical Costs!!!


2.

Shortfall in JV production due to lack of funding may be be filled by PSC production However, PSC volumes will deliver only about half of JV revenues to government due to the following reasons: Fiscal terms for the deepwater PSCs (especially the 1993 PSCs) from where the bulk of the deepwater production will come from are not as favourable to government Costs are significantly higher in the deepwater terrain compared to the conventional JV terrains At a technical cost of $10.25/bbl and crude oil price of $50/bbl Government Take in the JVs is about 70% of total revenues compared to 37% in the deepwater Consequently, government interest is better served if the JVs are adequately funded for incremental volumes.

PPT Rate Average Royalty Rate Invest Tax Allowance (ITA) Invest Tax Credit (ITC)

Operator margin, 4.94 Cost Recovery, 10.25 $50/bbl Crude Oil Price Operator margin, 20.75 21.50

Govt Take (GT) 70% of total revenues

PPT, 25.56

Cost Recovery, 10.25

3.
GT 37% of total revenues

PPT, 17.25 16.50

Royalty, 9.25

Royalty, 1.0 2.50

4.

JV Oil

PSC Oil
23

TIONAL P NA
NIGERIAN

LEUM RO ET

OR

P O R AT I O

Role of NNPC In Nigerias Crude Oil/Gas Production & Accounting

24

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Presentation Outline

NIGERIAN

OR

P O R AT I O

1. Background Nigerian Oil & Gas Fiscal Arrangement and Systems


Type of arrangements JVs, PSCs, SCs & Independents Production Contribution and trend Contribution to Government Revenue

2. Role of NNPC In Nigerias Crude Oil/Gas Production & Accounting


Production Quota Allocation & Fiscal Price determination Monitoring Oil & Gas Production and Cost Oil & Gas Sales Revenue and Accounting Applicable Fiscal System

3. Factors influencing Government Share of Oil & Gas Revenue

Production Costs
Oil & Gas Price Business Environment - Security
25

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Presentation Outline (2)

NIGERIAN

OR

P O R AT I O

4. Joint Venture Cash Call Funding Mechanism & Implication on Government Oil Revenues
Cash Call Funding Process Implication of Cash Call Funding On Government Revenues Alternative to Cash Call Funding Funding Managing Cost Fiscal (AGFA) Acreage Management System Institutional Framework Downstream Subsidy

5. Issues, Challenges and Proposed Solutions

6.

Conclusions

26

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Production Quota Allocation & Fiscal Price Determination

NIGERIAN

OR

P O R AT I O

COMD & GFAD Input

27

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Monitoring Oil & Gas Production and Cost

NIGERIAN

OR

P O R AT I O

COMD & GFAD Input

28

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


JV Operations : Governance

NIGERIAN

OR

P O R AT I O

J O A

DEFINES PARTICIPATING INTERESTS AND RESPONSIBILITIES

SETS OUT OPERATING PROCEDURES


Including Funding Process Format & frequency of Returns Accounting Policies & Procedures
29

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Monitoring Oil & Gas Production and Cost - JV

NIGERIAN

OR

P O R AT I O

Operators are required to conduct operations in accordance with good industry practice (JOA Section 2.2.1) Governance
OPCOM is the highest operational decision making body;

TECOM reviews sub-committee report and makes recommendation to OPCOM (JOA Art 3.1)
Technical Subcommittees serve as the initial point of contact between \NNPC and the operators for budget and performance review and makes recommendation to TECOM

30

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Monitoring Oil & Gas Production and Cost JV (2)

NIGERIAN

OR

P O R AT I O

Operator required to make full and frank disclosure of operation (JOA Art. 2.2.3) Specific approvals are required from non-operator Uniform accounting procedure establishes formats for reporting costs (OPEX & CAPEX)

Uniform Project Implementation Procedure: Sets out guidelines for initiating, contracting and executing project.

31

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Monitoring Oil & Gas Production and Cost JV (3)

NIGERIAN

OR

P O R AT I O

OPCOM / MACOM
OPCOM Operating Committee MACOM Management Committee TECOM Technical Committee

TECOM
SUBCOMMITTEES

PED

FACILITIES

EXPLORATION

GAS

MMD

FINANCE/PLANNING & HUMAN RESOURCES

ENVIRONMENT & SAFETY

COMMUNITY RELATIONS

32

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Monitoring Oil & Gas Production and Cost JV (4)

NIGERIAN

OR

P O R AT I O

OPERATORS WORK-PROGRAMME & BUDGET OBLIGATION AS DEFINED BY JOA

ARTICLE 2 OF JOA PROVIDES THAT:


(i) (ii) (iii) OPERATOR SHALL DEVELOP & SUBMIT PROPOSED WORK-PROGRAMME & BUDGET TO CHAIRMAN OF OPCOM, PARTIES MUST MEET TO DELIBERATE ON SUBMISSIONS WHICH CAN ONLY BE APPROVED BY OPCOM , OPERATOR MAY NOT DEVIATE FROM APPROVED WORK PROGRAMME & BUDGET EXCEPT IN CASE OF EMERGENCY, OR IF MODIFIED BY OPCOM.

33

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Monitoring Oil & Gas Production and Cost PSC

NIGERIAN

OR

P O R AT I O

Funding of work programme & petroleum operations


Specifies minimum expenditure during the exploration period.
Requires contractor to submit a performance bond to cover amount agreed as minimum financial commitment for the phases of exploration period. Additionally contractor provides necessary funds for payments of operating costs. Contractor permitted to finance petroleum operations from external sources.

34

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Monitoring Oil & Gas Production and Cost PSC (2)

NIGERIAN

OR

P O R AT I O

Review and approve annual work programme & budget and reported performance. Review contracts in excess of contractors limit of authority (>$250,000 or N10 million).

Review project costs by project cost control teams


Carry out annual cost verification exercise. Verify crude oil allocation for payment of Royalty, Cost Oil, PPT & Profit through Cost Recovery committee.

35

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Monitoring Oil & Gas Production and Cost PSC (3)

NIGERIAN

OR

P O R AT I O

Project Monitoring / Audit

NAPIMS nominate a multidiscipline project monitoring team for all major development projects to work with the operator project teams in a task force in order to ensure:
Cost effectiveness in project execution Enhancement of Local content Project controls and timely delivery Compliance with due process

NAPIMS also constitute a separate multi - discipline Audit team to carry out periodic audit of all major projects in order to:
Verify expenditure and system of internal control Generate an asset register Create data bank for bench marking and cost estimation
36

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Monitoring Oil & Gas Production and Cost PSC (4)

NIGERIAN

OR

P O R AT I O

Value for Money Audit

Periodically NNPC commissions consultants / firms of chartered accountants to carry out value for money audit of the JV operating companies in order to advise on:
Compliance with the operating agreements (JOA). System weakness if any and recommendations to correct them. Performance Measurement, Benchmarking and Value Analysis. JV Upstream Monitoring

37

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

Monitoring Oil & Gas Production and Cost - Trial Marketing Period

NIGERIAN

OR

P O R AT I O

Valuation of Available Crude On the attainment of commercial production Each party determines the assay of the new crude Quality - yield values from refinery modeling Engages in Trial Marketing Period (TMP) of 6 months or 10 lifting whichever is longer to establish crude commercial price Shares the market so that each party markets approximately an equal amount of the new crude oil Pays proceeds from lifting into Escrow Account Exchanges information regarding the marketing of the new crude sales price and terms of each lifting Reconciles the TMP within 90 of expiration distribute proceeds with accrued interest to fiscal pots Migrates into monthly nomination and lifting programming Agrees on allocation priorities JV Equity share volume PSC, SC Royalty Oil Cost Oil Tax Oil NNPC Profit Oil Contractor(s) Profit Oil Equity Share, Royalty Oil, Tax Oil and NNPC Profit Oil to Federation Accounts Cost Oil and Contractor(s) Profit Oil to Contractors Accounts
38

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Monitoring Oil & Gas Production and Cost - Lifting Programme

NIGERIAN

OR

P O R AT I O

Each Lifters share in the Production determines its lifting entitlement (JV, PSC, SC, PSA)

Written statements are issued by each party to the operator at least 25 days in advance on the nomination(s)
Operator endeavours to make volume available based on
Technical allowable production and commercial production quota

Credit/debits accruing after reconciliation with actual production


Normal operational carry forward

An agreeable Lifting programme is prepared by the Operator on the basis of each Lifters entitlement and the technical conditions of the Terminal Right and obligation to lift allocated cargoes Over-lifting/under-lifting rules Priority is given to the lifter having the highest entitlement

Principles

Operator has the right to modify the lifting programme if operational constraints at the terminal so required
Curtailment meetings holds between Operators/Contractors and NNPC on production and lifting every month
39

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: EASTERN OPERATIONAL BASE ODUDU (AMENAM) - EPNL ANTAN - ADDAX BONNY - SPDC BONNY RIVER - MOBIL QUA IBOE - MOBIL BRASS - NAOC YOHO - MOBIL OKWORI - ADDAX OKONO NPDC/AGIP ENERGY IMA - AMNI

Monitoring Oil & Gas Production and Cost - Oil Terminal Locations

NIGERIAN

OR

P O R AT I O

WESTERN OPERATIONAL BASE ESCRAVOS - CHEVRON PENNINGTON - CHEVRON SEA EAGLE (EA) - SPDC ABO NAE FORCADOS SPDC OBE CAVENDISH UKPOKITI EXPRESS/ATLAS

LAGOS OPERATIONAL BASE BONGA SNEPCO ERHA MOBIL (ESSO) AGBAMI CNL AKPO - TOTAL

CRUDE AVAILABILITY AT TERMINALS CONFIRMED THROUGH DAILY REPORTS, FIELD REPS AND CURTAILMENT MEETINGS
40

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


NNPCs Role in Oil & Gas Sales Revenue & Accounting - JVs JV PRODUCTION

NIGERIAN

OR

P O R AT I O

NNPC APPXM. 58%


Deducts Costs (JV Cash call)
* Surplus swept into Fed. Account

IOC APPXM. 42%


Recovers Costs

Pays Royalty @19% to Govt. Pays Taxes @85% of taxable income to Govt.

Federation Account Receipts

Keeps Profit * Surplus swept into Federation Account from NNPC equity is made up of Royalty, Taxes & NNPC net Profit
41

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


NNPCs Role in Oil & Gas Sales Revenue & Accounting - PSCs

NIGERIAN

OR

P O R AT I O

GOVT. OF NIGERIA

42

NNPCs Role in Oil & Gas Sales Revenue & Accounting Accounting for Federation Crude Oil & Gas Revenue SOURCES
CRUDE OIL EXPORTS

NIGERIAN

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

CUSTODY OF FUNDS

DISBURSEMENTS

LPG GAS EXPORTS

NLNG FEEDSTOCKS

CBN/NNPC CRUDE OIL & GAS US$ REVENUE ACCOUNT HELD WITH JP MORGAN CHASE BANK, NEW YORK

JV CASH CALLS ACCOUNT


SPDC JV MPN JV CNL JV NAOC JV TEPNG JV PAN-OCEAN JV

NNPC DOM. CRUDE NGC LOCAL GAS SALES

CBN NNPC CRUDE OIL & GAS NAIRA REVENUE ACCOUNT HELD WITH THE CBN

FEDERATION ACCOUNT

JV MISC. INCOME
43

NNPCs Role in Oil & Gas Sales Revenue & Accounting - Sources of Revenue from Oil & Gas Sector NNPC EXPORT SALES DOMESTIC CRUDE

NIGERIAN

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

J.V.s PPT
INDEPENDENTS

ROYALTIES PPT ROYALTIES

FEDERAL GOVT.

STATE GOVTS.
LOCAL GOVTS.

PSC & SC PPT, PROFIT OIL ROYALTIES DPR FEES, RENTALS PENALTIES, BONUSES

OIL & GAS VAT, DUTIES ORGANIZATIONS

Revenue sources largely depends on the contractual and fiscal frameworks of exploration and production activities of the oil 44 and gas business

NNPCs Role in Oil & Gas Sales Revenue & Accounting - Payments into Agencies/Federation Accounts

NIGERIAN

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

Royalties

MCA PSC

DPR Designated Account

Credit Periods Taxes


MCA PSC FIRS Designated Account Consolidated Crude Oil Revenue Account NNPC Pays Naira Value to Federation Account
45

NNPC Domestic Crude 90 Days Bilateral 30 days International Traders 30 days

Equity Crude

JV

Domestic Crude

445 Kb/d Allocated NNPC

NNPCs Role in Oil & Gas Sales Revenue & Accounting Entitlements Determination & Lifting

NIGERIAN

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

JV Oil/Gas Produced

Lifted by NNPC
NNPC Equity

Volume Oil/Gas Price Cost Oil Profit Oil Stock Balance Available volume Oil/Gas Price Expense Cost Amortisable Cost

Fed Account Lifted by Contractor Contractor Account Lifted by NNPC DPR - Fed Account FIRS - Fed Account Fed Account

PSC Oil Produced

Total Prod

Royalty Oil Tax Oil Profit Oil

SC Oil Produced

Total Prod

Carry Oil/Gas Produced

NNPC Equity

Stock Balance Available Volume Oil/Gas Price Expensed Cost Amortised Cost
Stock Balance Available Volume Oil/Gas Price Expensed Cost Amortised Cost
46

Carry Oil Share Oil


Share Oil

Lifted by Contractor Contractor Account Lifted by NNPC Fed Account Lifted by NNPC Cash to Contractor Roy PPT to Fed Acc Lifted by NNPC Fed Account

Modified Carry Oil/ Gas Produced

Carry Oil Share Oil Share Oil

NNPC Equity

NNPCs Role in Oil & Gas Sales Revenue & Accounting Management of Government Interest
Entitlement Estimation
Tech. Allowable - DPR
Monthly Production Comml

NIGERIAN

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

Lifting Programming
JV Oil/Condensate/Gas (Equity) PSC Oil/Condensate (Roy, Tax, Profit) MCA Crude (Carry Oil/Gas & Share Oil/Gas) Cargo Nominations Lifting Advice & Shipping Documents

Marketing & Sales


Term Contracts Letter of Credit Shipping Documents Monthly Lifting & Sales Profile Pricing & Valuation

Crude Price Cost data Lifting entitlements

Reconciliation
DPR, FIRS, NAPIMS, NEITI, FAAC, FMF, RMAFC, OAGF, etc

Internal & External Auditing


Shipping Documents Financial Reports Lifting Contracts Bank Statements Monthly Lifting & Sales Profile

Revenue
Shipping Documents Pricing & Valuation Lifting & Sales Profile CBN Account Statements Offshore Bank Statements FAAC / Other Financial Reports

09/08/11 47

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Processes and Controls

NIGERIAN

OR

P O R AT I O

Investment in Assets through JVCC or other sources of financing depending on the Operating and Financing Agreement Crude Oil and Gas are produced and lifted based on Fiscal Arrangement in place NNPC lifts share of Federation crude. All Crude Oil & Gas Sales Contracts are secured by IRREVOCABLE LETTERS OF CREDIT from first class International Banks LC Bank remits payment for Crude Oil & Gas liftings on behalf of their Customers into CBN/NNPC CRUDE OIL & GAS REVENUE ACCOUNT with JP Morgan Chase Bank, New York maintained and controlled by the CBN Proceeds of Domestic Crude sold to NNPC and other Naira proceeds are receipted into the CRUDE OIL & GAS REVENUE NAIRA ACCOUNT held with the CBN

48

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Processes and Controls (2)

NIGERIAN

OR

P O R AT I O

Only JV Cash Call payments are made out of the Oil and Gas Accounts and these are strictly in accordance with the JV Budget as appropriated by the National Assembly. Every payment requires the approval of the GMD, NNPC. All other Funds in the Oil & Gas Naira and Dollar Accounts are transferred to the Federation Account The Accounts are reconciled between NNPC & CBN on a monthly basis Similar Reconciliation is carried out between NNPC & OAGF on monthly basis; before each FAAC A separate statutory Audited Financial Statement is prepared and submitted to the Auditor General for the Federation, FGN and the National Assembly.

The office of the Auditor General in carrying out their statutory duty audits the Federation Account and by extension, the O&G Accounts as well as the JVCC Accounts
49

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Processes and Controls (3)

NIGERIAN

OR

P O R AT I O

Monthly profile of Crude Oil and Gas Sales are received from COMD Actual receipts are verified in the NNPC/CBN Crude Oil and Gas Accounts Review calendarized monthly Cash Call requirement Recommend Cash Call amount to be deducted to the AGF and the HMSF and obtain alignment. Obtain the GMDs approval. Prepare mandates to CBN for transfers to the Federation and the JV Cash Call Accounts with CBN

Clarify Components of NNPCs Notional Monthly Contribution to Federation Account:


Royalty from JV Oil and Gas PPT from JV Oil and Gas

JV After Tax Profit Oil and Gas


PSC After Tax Profit Oil and Gas
50

TIONAL P NA
NIGERIAN

LEUM RO ET

OR

P O R AT I O

Joint Venture Cash Call Funding Mechanism & Implication on Government Oil Revenues

51

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Presentation Outline 1. Background Nigerian Oil & Gas Fiscal Arrangement and Systems
Type of arrangements JVs, PSCs, SCs & Independents Production Contribution and trend Contribution to Government Revenue

NIGERIAN

OR

P O R AT I O

2. Role of NNPC In Nigerias Crude Oil/Gas Production & Accounting


Production Quota Allocation & Fiscal Price determination Monitoring Oil & Gas Production and Cost Oil & Gas Sales Revenue and Accounting

3. Joint Venture Cash Call Funding Mechanism & Implication on Government Oil Revenues
Cash Call Funding Process Implication of Cash Call Funding On Government Revenues Alternative to Cash Call Funding
52

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Presentation Outline (2)

NIGERIAN

OR

P O R AT I O

4. Factors influencing Government Share of Oil & Gas Revenue


Applicable Fiscal System Production Costs Oil & Gas Price Business Environment - Security Funding Managing Cost Fiscal (AGFA) Acreage Management System Institutional Framework Downstream Subsidy

5. Issues, Challenges and Proposed Solutions

6.

Conclusions

53

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Cash Call Process

NIGERIAN

OR

P O R AT I O

Cash Call
A monthly request by an Operator to other partners in their respective participating interests for advance payment to meet anticipated costs and expenditures in the Cash Call month
Based on Annual Budget appropriated by the National Assembly Made in the currency stipulated in the Joint Operating Agreement (Naira and Dollar)

54

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


JV Work Program & Budget Process JVC
APPRVD DISTR. BUDGET

NIGERIAN

OR

P O R AT I O

NNPC CORPORATE

SUB-COM

WORK PROG/ BUDGETS

JOINTLY RECOMMEND TO

NAPIMS

TECOM

GOVT (FMF)

RECOMMENDS TO

NATIONAL ASSEMBLY

OPCOM
55

PRESIDENCY

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Alternatives to Cash Call Funding

NIGERIAN

OR

P O R AT I O

Alternative Funding
Carry Agreements Modified Carry Agreements (MCAs) IOC Bridge/Term Loans 3rd Party Debt Finance

56

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Alternatives to Cash Call Funding

NIGERIAN

OR

P O R AT I O

The Carry Agreements had been the most common form of Alternative Funding. The 1st was entered into with SPDC in 1999 called the EA and was followed by Amenam Kpono (AK I) with Total and later with Mobil and Chevron Modified Carry Agreements (MCAs) was a very recent phenomenon having came into being only in 2008. The MCA was designed to correct some defects associated with the traditional Carry Agreements and provide funding for unpaid performances of prior years 3rd Party Debt Financing option was also introduced in the late 1999s to fund certain projects with robust cash flow for which equity funding through JVCC was not available. Four projects all under the NNPC/MPN JV have been funded under this arrangement: NGL I, NGL II, Satellite Fields Phase I. NGL I loan has been fully repaid and all its cash flows go to the Federation Account

IOC Bridge/Term Loan was negotiated with Shell to pay for unpaid performance of years prior to 2008 most of which relate AFAM NNPC/SPDC JV IPP.
57

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Attribute Capital Costs Operating Costs Production/ Lifting Debt Normally funded 100% by Bank loan Funded through JV Cash Call Ring fenced to pay principal and interest first before distribution to sponsors. Therefore less funds will be available to Federation Account in the early years Equity

Impact of Financing Arrangement on Revenues to Federation Account

NIGERIAN

OR

P O R AT I O

Funded through JV Cash Call Funded through JV Cash Call 100% flows into Federation Account

Financing Costs Covenants

Can be high due to interest and No additional costs other than fees the opportunity cost of capital Can be restrictive, onerous and burdensome
58

No restrictions

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Attribute Royalty Rate PPT Rate JV 18.5% 85% PSC 1.75% 50%

Impact of Financing Arrangement on Revenues to Federation Account

NIGERIAN

OR

P O R AT I O

Profit Sharing Equity Interest in JV: Ave 57% Rate across the 6 JVs

Graduated beginning at 20% in the early years

Cost Recovery Rate

Normal

Accelerated as Contractors primary goal is to recover all costs as quickly as possible

59

TIONAL P NA
NIGERIAN

LEUM RO ET

OR

P O R AT I O

Factors influencing Government Share of Oil & Gas Revenue

60

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Presentation Outline 1. Background Nigerian Oil & Gas Fiscal Arrangement and Systems
Type of arrangements JVs, PSCs, SCs & Independents Production Contribution and trend Contribution to Government Revenue

NIGERIAN

OR

P O R AT I O

2. Role of NNPC In Nigerias Crude Oil/Gas Production & Accounting


Production Quota Allocation & Fiscal Price determination Monitoring Oil & Gas Production and Cost Oil & Gas Sales Revenue and Accounting

3. Joint Venture Cash Call Funding Mechanism & Implication on Government Oil Revenues

Cash Call Funding Process


Implication of Cash Call Funding On Government Revenues Alternative to Cash Call Funding
61

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Presentation Outline (2)

NIGERIAN

OR

P O R AT I O

4. Factors Influencing Government Share of Oil & Gas Revenue


Applicable Fiscal System Production Costs Oil & Gas Price Business Environment - Security Funding Managing Cost Fiscal (AGFA) Acreage Management System Institutional Framework Downstream Subsidy

5. Issues, Challenges and Proposed Solutions

6.

Conclusions

62

Comparative Revenue Flow from JV & PSC Fiscal Regime Comparison Fiscal Assumptions

NIGERIAN

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

PPT Assumptions
Item (/ bbl)
Opex ($/bbl) Capex ($/bbl) PPT Education Tax NDDC Levy Royalty ITA ITC 15% NA

PIB Assumptions
PSC
8.15 13.36 50%

JV
6.52 6.12 85% 2% 3% 5%

Item (/ bbl)
Opex ($/bbl) Capex ($/bbl) NHT CITA Education Tax NDDC Levy

JV
6.52 6.12 50% 30% 2% 3% 5% 80%

PSC
8.15 13.36 30%

NA 50%

Royalty (Tranche Based) Overseas Cost Limit

Comparative Revenue Flow from JV & PSC Fiscal Regime Comparison (PPT Case @ $50/ bbl Oil Price)

NIGERIAN

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

PPT Computations ($/ bbl)

PPT Computations (%)

Comparative Revenue Flow from JV & PSC Fiscal Regime Comparison (PIB Case @ $50/ bbl Oil Price)

NIGERIAN

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

PIB Computations ($/ bbl

PIB Computations (%)

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


JV Funding Requirements
Production shut-in mainly from militancy activities

NIGERIAN

OR

P O R AT I O

Higher investments required to bring back and eventually grow production

66

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Implication of Crude Production Decline
Crude Price Forecast 2007 & Beyond - $60/bbl

NIGERIAN

OR

P O R AT I O

Revenues Implication of continued Production Decline

67

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Joint Venture Federation Account Revenue Flows
Impact of declining Prices on Government Revenues - JV
Crude Price Technical Cost Gross JV Volumes
NNPC Equity

NIGERIAN

OR

P O R AT I O

$/bbl $/bbl MMBOPD % % $MM


$MM

45.00 22.32 1,402


58% 42%

100.00 22.32 1,402


58% 42%

IOC Equity Govt. Revenue from IOC Equity barrels


IOC Revenue

Roy @18.67% IOC cost recovery


IOC Taxable Income IOC PPT payment Govt. Rev. From IOC Equity Volumes (Roy + PPT)

9,672 1,806

21,493 4,013

$MM $MM $MM $MM $MM $MM $MM $MM

4,797
3,069 2,609 4,414

4,797
12,683 10,780 14,793

Govt. Revenue from NNPC Equity barrels


NNPC Revenue 13,356 29,680

NNPC cost recovery


Govt. Rev. from NNPC Equity Volumes (Rev - cost)

6,625 6,732 11,146

6,625 23,056 37,849

Total Govt Rev from JV Petroleum Operations

68

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


PSC Federation Account Revenue Flows

NIGERIAN

OR

P O R AT I O

Impact of declining Prices on Government Revenues - PSC


Crude Price Technical Cost Gross JV Volumes
NNPC Profit Oil Share

$/bbl $/bbl MMBOPD % % $MM


$MM

45.00 25.23 760


20% 80%

100.00 25.23 760


20% 80%

IOC Profit Oil Share Govt. Revenue from Taxes & Royalty
Gross revenues

Roy @2.76% Cost recovery


Taxable Income PPT payment @50% Govt. Royalty & Taxes

12,483 345

27,740 766

$MM $MM $MM $MM $MM $MM $MM

6,999
5,140 2,570 2,914

6,999
19,976 9,988 10,753

Govt. Revenue from NNPC Profit Oil


Profit oil available for allocation 2,570 9,988

NNPC share of profit oil @20% Total Govt Rev from PSC Petroleum Operations

514 3,428

1,998 12,751

69

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Background Government Revenue Sources

NIGERIAN

OR

P O R AT I O

Main source of Government revenues in the petroleum sector is through the imposition of royalties & taxes on petroleum operations Government derives additional revenue over and above imposition of taxes & royalties, however, this is dependent on the contractual arrangement with other investor: Joint Venture All of NNPCs equity revenues less cost swept into Federation Account

PSC - All of NNPCs Profit oil share swept into Federation Account

70

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


The Petroleum Industry Bill - General Objectives of PIB

NIGERIAN

OR

P O R AT I O

Establish clear and enduring good governance principles in the Nigerian oil & gas industry. The need to remove obsolescence and outdated provisions in our current laws Encourage alignment with international best practice

Remove opaqueness and lack of transparency in the current statues


Establish fiscal provisions that are flexible, encourages investment while guaranteeing optimal take for Government. Strengthens tax administration with requisite powers and rules for the effective management of the industry. Establish clear principles for the working of the Incorporated Joint Ventures (IJVs). Support domestic gas utilization through National Gas Master Plan Proper alignment of the roles and functions of the institutions.

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Niger Delta Related


Production deferment due to security situation in the Niger Delta, including deferred production due to schedule delays on projects Oil theft and losses arising from the sabotage of oil facilities Cost of environmental clean up following sabotage. Projects become even more expensive after security incidents Cost of repairing or replacing damaged facilities as a result of militancy activities for example cost of replacing damaged facilities has $1.26 million in 1999 to almost $400 million in 2008 in the SPDC JV Additional cost premium as a result of Niger Delta Security situation:

Factors Impacting Government Revenue Outside Crude Oil Price

NIGERIAN

OR

P O R AT I O

Non-Niger Delta Related


Fiscal Regimes applicable to the various oil contract types Gas cost accounts for between 40% & 43% of total CAPEX, recovered from oil tax revenues via AGFA Under funding of Joint Venture Operations over a long period of time Increase in cost of materials & services as a result of increasing crude oil prices. Aging facilities with attendant increase in maintenance cost Matured reservoirs leading to high natural decline rates
More investments required for infill opportunities and integrity / production sustenance Need for more exploration to find and replace reserves.

Non competitive price fixing behaviours in the contracting environment limited number of service contractors.

72

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

Impact of Niger Delta Security - SPDC Hot Spots (Eastern Operations)

NIGERIAN

OR

P O R AT I O

Rumuekpe Area Community based groups vying for power Violent clashes during 2008 Two warlords have established presence in this area and at Egbema West

Port Harcourt Kidnapping at least 79 Nigerian and 8 Expats since 01 Jan 08. Armed robbery common Violent crime frequent

Alakiri Militant Threat Bunkering Diebu Creek Militants fighting for control Explosive attacks / vandalism on SPDC ROW

Cawthorne Channel Militant camps / activity Social fault line between Kalabari and Bonny clans Militant attacks on infrastructure Bunkering

Bonny Channel Piracy Militant attacks Kidnapping

Bomu/Kdere Ogoni issue Sabotage Bunkering

73

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Impact of Niger Delta Security - SPDC Hot Spots (Western Operations)

NIGERIAN

OR

P O R AT I O

Isoko South
Bunkering Community threats and blockades vandalism/sabotage

Odimodi / Ogulagha Agge / Aghoro


Militant presence. Violent attack on SPDC houseboats Community challenges to project work Inter-communal dispute over Host Community Status Community threats and blockades Militant Presence

74

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Security Situation in the Nigerian Oil and Gas Industry Re-entry and Restoration of Vandalized Facilities

NIGERIAN

OR

P O R AT I O

75

TIONAL P NA
NIGERIAN

LEUM RO ET

OR

P O R AT I O

Issues, Challenges and Proposed Solutions

76

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Presentation Outline

NIGERIAN

OR

P O R AT I O

1. Background Nigerian Oil & Gas Fiscal Arrangement and Systems


Type of arrangements JVs, PSCs, SCs & Independents Production Contribution and trend Contribution to Government Revenue

2. Role of NNPC In Nigerias Crude Oil/Gas Production & Accounting


Production Quota Allocation & Fiscal Price determination Monitoring Oil & Gas Production and Cost Oil & Gas Sales Revenue and Accounting

3. Joint Venture Cash Call Funding Mechanism & Implication on Government Oil Revenues

Cash Call Funding Process


Implication of Cash Call Funding On Government Revenues Alternative to Cash Call Funding
77

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Presentation Outline (2)

NIGERIAN

OR

P O R AT I O

4. Factors influencing Government Share of Oil & Gas Revenue

Applicable Fiscal System


Production Costs Oil & Gas Price Business Environment - Security Funding Managing Cost

5. Issues, Challenges and Proposed Solutions

Fiscal (AGFA)
Acreage Management System Institutional Framework Downstream Subsidy

6.

Conclusions
78

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Total JV Budget Evolution Joint Venture Operations

NIGERIAN

OR

P O R AT I O

Industry Budget has increased from about $6.0 billion in 2002 to nearly $18.0 billion projected for 2010.
79

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Deployment of Government US$5.0 Billion Equity Funds

NIGERIAN

OR

P O R AT I O

Government share of operating cost, exploration expenses, production operations sustenance, and asset restoration costs for 2010 is about US$4.9 billion. Operating cost is about 85 90% fixed as a result of industry structure. Also at this time industry is poised to grow, to be driven by projects to be executed through MCAs. Growth in capital expenditure results in increase in operating costs. Cost captured here excludes provision for NAPIMS overhead, Exploration in the Frontier Basins, and Provision for security related operations in the Niger Delta, amounting to almost US$0.6 billion. All of the cost described above are better funded through equity.

80

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Objective: Create JVs That are Value Creating

NIGERIAN

OR

P O R AT I O

The PIB requires the creation of Incorporated Joint Venture Companies. These companies will substitute the current unincorporated joint ventures. The reason is that this will make financing of ongoing operations and the development of new oil and gas fields easier to achieve and will therefore permit an acceleration of petroleum activities.

It should be noted that the IJVs will pay a government take on existing production in onshore and shallow water equal to almost 90% in terms of royalties and taxes and therefore there will be no loss of revenues as a result of the creation of the IJVs. IJVs will not be subject to the provision of the Fiscal Responsibility Act and the Public Procurement Act.
Board decisions must be made based on international best practice.

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: PIB Fiscal Terms-Implications for Current and Future Investors: Fiscal Design Principles
Simplification of allowable deductions for NHT purposes

TIONAL P NA
NIGERIAN

LEUM RO ET

OR

P O R AT I O

Only direct costs wholly and necessarily incurred in petroleum operations are eligible for deductions No home office expenditures are eligible

Capture of Windfall profits


Introduction of price based royalty for crude prices beyond $70/bbl

Removal of all cost based incentives and substitution by production allowances


Investment tax credits (ITC)or Allowances (ITA) have been removed in favour of defined production allowances for onshore, offshore and deep-offshore.

Preference for Nigerian goods and services


Foreign goods and services capped at 80% for deductions against NHT Alignment with the National Content Act

The PIB represents a complete overhaul of the Nigerian Petroleum Fiscal System

82

PROCESSING & MONITORING OF OIL/GAS PRODUCTION: PIB Fiscal Terms-Implications for Current and Future Investors:
Issues & Challenges of Royalty/Tax System

TIONAL P NA
NIGERIAN

LEUM RO ET

OR

P O R AT I O

The high tax rate (85%) means that there is no incentive for cost reduction
Nigeria has a low savings index

Government participation without operational control


It means that Government bears 94% of cost risk while IOC bears only 6% with operational control

Tax Administration
Difficulty in efficient assessment & collection of tax Difficulty in accessing cost data especially for the independents

Lack of integrated development planning to minimize cost and maximize government take AGFA terms accentuate the decline in government take from oil Decline in GT with low oil prices, no provision for windfall profit Govt. inability to fund its equity in the Joint Venture operations

Cost Control is Key to Maximizing Govt. Take


83

PSC Economics Review: Comparison of Global PSC Fiscal Regimes ($60/bbl)

NIGERIAN

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

Nigeria has the Least Government Take !


84

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Issues & Challenges of PSCs

NIGERIAN

OR

P O R AT I O

Contract clarity & Conflict with legislations Interpretation Disputes between Govt. & IOCs Divergent entitlement claims

Rising Production with declining Government take


Potential Zero Government take High Technical Cost Weak accounting procedures Stability clauses

85

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Part III: Upstream Petroleum - Regular Acreage Management

NIGERIAN

OR

P O R AT I O

The Government Memorandum proposes to establish the international concept of drill or drop. This means a company is required to carry out an intensive work program on the acreage that is being granted. It the company does not want to carry out further work, a part of the acreage or all the acreage needs to be returned to the Federal Government. The acreage management provisions consist in particular of: National grid system :
An orderly national grid system is proposed. This permits the granting and relinquishment of acreage based on specific 1 by 1 square km parcels.

PPL Acreage relinquishment provisions:


50% based on parcels after initial exploration period all acreage after renewal, except for

appraisal areas and significant gas discovery areas, which need to be relinquished after certain period if no declaration of a commercial discovery is made.

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

Part III: Upstream Petroleum - Mandatory Acreage Relinquishment

NIGERIAN

OR

P O R AT I O

One of the main bottlenecks to increased activity in Nigeria is lack of new license and contract areas. The petroleum prospective part of Nigeria is covered with existing licenses, leases and contracts. These areas were granted without implementing strong relinquishment practices. As a result, in Nigeria petroleum companies are sitting on acreage. There is no access to acreage for new investors. This harms petroleum investment activity. Under the Government Memorandum petroleum companies will have to give acreage back from existing oil prospecting licenses and oil mining leases within 2 years after the effective date of the Act. Existing companies can keep all areas that are in production or will be appraised or developed in the near future. Also certain exploration areas can be maintained based on new work commitments. However, the acreage that companies are not using, will have to be returned to the Government. This may free up probably as much as 30% of the prospective petroleum area of Nigeria for new investors. In particular, small Nigerian companies will be offered major new opportunities in this regard.

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Part II: Institutions - Regulatory Institutions (1)
OLD INSTITUTIONAL FRAMEWORK
Upstream Sector
Oil Exploration & Development Gas Exploration & Development
Cost Control by NAPIMS

NIGERIAN

OR

P O R AT I O

NEW INSTITUTIONAL FRAMEWORK


Upstream Sector
Oil Exploration & Development Gas Exploration & Development
Technical & Commercial Regulation by NPI

Downstream:(Midstream) Sector

Midstream Sector

Technical Regulation by Inspectorate Commercial Regulation by PPPRA

Oil Transportation & Gas Transmission Gas Processing LNG/CNG/GTL Derivative Processing/Production Oil Refining

Oil Transportation & Gas Transmission Gas Processing LNG/CNG/GTL Derivative Processing/Production Oil Refining

Technical & Commercial Regulation by NAMIRA

Downstream Sector

Downstream Sector

Petroleum product distribution & Storage Petroleum Product Retail

Gas Distribution /Sale Petroleum product distribution & Storage Petroleum Product Retail

Technical & Commercial Regulation by PPRA

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Part II: Institutions - Regulatory Institutions (2)

NIGERIAN

OR

P O R AT I O

PIB Institutional Re-Alignment

Technical Regulation

Upstream Inspectorate
Commercial Regulation

Engineering Safety Environment Geo. Science Cost Economics Local Content Engineering Safety Environment e.t.c Cost Economics Tariff Local Content Engineering Safety Environment e.t.c Cost Economics Tariff/pricing Local Content

Oil Exploration & Dev. Gas Exploration & Dev.

NOC IOC IJV MFO IDOC

Technical Regulation

Directorate

Midstream Agency
Commercial Regulation

Oil Transp. & Gas Transmission Gas Processing LNG/CNG/GTL Derivative Processing/Produ ction Oil Refining

NOC IOC IJV IDOC

Technical Regulation

Downstream Authority
Commercial Regulation

Gas Dist. /Sale Petroleum product distribution & Storage Petroleum Product Retail

NOC IOC IDOC

Policy &
Coordination
89

Regulation

Commercial
Operations

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Objective: Deregulate Petroleum Products Prices

NIGERIAN

OR

P O R AT I O

PROBLEMS

Current levels of subsidies for petroleum products are unsustainable. Poor infrastructure and low refinery throughput create significant bottlenecks in petroleum product supplies. Corruption and smuggling operations are rampant. Impediments:
Regulated prices are a disincentive for private investment. Equalisation Fund operations are cumbersome Strain on NNPC financial performance No adequate regulatory framework for investors

TIONAL P NA

LEUM RO ET

ROCESSING & MONITORING OF OIL/GAS PRODUCTION: Objective: Deregulate Petroleum Product Prices (2) SOLUTIONS
Complete deregulation of the petroleum product sector
Equalisation Fund will be scrapped.

NIGERIAN

OR

P O R AT I O

Strong midstream regulatory framework will be established with one shop stop for certificates for new refineries and terminals and open access provisions for bulk plants, product pipelines and terminals.

Price monitoring will be put in place to avoid misuse of free market environment. Private investment framework will be established.

TIONAL P NA

LEUM RO ET

PROCESSING & MONITORING OF OIL/GAS PRODUCTION:


Conclusion

NIGERIAN

OR

P O R AT I O

To address the key issues of the Nigerian oil and gas industry, early passage of the Petroleum Industry Bill is most critical

92

TIONAL P NA

LEUM RO ET

The Petroleum Industry Bill :


Overview of PIB

NIGERIAN

OR

P O R AT I O

The Petroleum Industry Bill contains a number of initiatives: It creates a single Act for the entire petroleum industry and repeals 16 prior Acts, thereby creating transparency It strengthens the administration, by creating four well financed administrative institutions as follows: Directorate, Inspectorate, Authority and Agency It converts NNPC to a self-financing NOC It converts NNPC joint operation agreements to NOC incorporated joint ventures It creates a new acreage management system in line with international best practice It requires bid system for all upstream licenses and leases It removes confidentiality on royalty and tax payments It separates oil and gas for Tax purposes.

TIONAL P NA

LEUM RO ET

The Petroleum Industry Bill:


Key Elements of PIB Fiscal Framework

NIGERIAN

OR

P O R AT I O

Capturing the full gas value chain (upstream, midstream and downstream) within and without Nigeria Developing a fiscal regime for gas that is decoupled from oil thereby creating a level playing field for all investors in gas Promoting the effective management of costs across the industry and maximising Government take Developing a fiscal system that is responsive to the significant shift in energy prices Clarifying inconsistencies and/ or conflicts in the application of fiscal terms for oil and gas and Developing a fiscal rule of general application based on a body of fiscal laws rather than incentive letters.

94

TIONAL P NA

LEUM RO ET

The Petroleum Industry Bill :


Proposed Fiscal Provisions in the PIB Overview

NIGERIAN

OR

P O R AT I O

Simplification of collection of government revenue Capture of windfall profits Encouragement of cost efficient operators Development of small oil fields & indigenous companies Increase of government take from large deepwater fields Enhancement of transparency & accountability
Many nations have changed Fiscal systems to respond to operational and Economic realities :UK, Alaska(USA), Venezuela, Russia, Algeria, Alberta, Angola etc, without recourse to NOC or IOCs

JV Today

Incorporation

NIGERIAN

Understanding Joint Venture Incorporation


NNPCs only means of financing share of investment is Incorporation allows NNPC to finance its share of JV from FGN cash calls. operations through a balance sheet..

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

Income statement FGN Income 60 40 Chevron Expenses 100 Asset Utilization Drives Income

Income statement Income

Oil revenues Gas revenues


Expenses JV OPEX/CAPEX Taxes & Royalties Dividends

Balance sheet
Assets Liabilities Retained Earnings

Balance sheet
Assets Liabilities Debt

Interest Charge

JV assets
PPE Cash Capital

96

Key Messages Incorporation enables NNPC to leverage asset base of JV to finance operations Key difference between incorporation and status-quo is NNPCs ability to raise debt, while the government can still maintains same share of ownership in JV via NNPC share.

TIONAL P NA

LEUM RO ET

JV Incorporation Environment Key Changes


Before
Investment

NIGERIAN

OR

After
funding strategy One off equity injection JV Inc raises debt financing

P O R AT I O

NNPC funds share of investments


FGN cash call Third Party financing

Removes the need for cash call & annual

Revenue

NNPC receives share of sales proceeds


which is passed directly to FGN

NNPC receives share of revenues after


expenses & taxes via Dividend

Taxes

FGN receives taxes and royalties from JV


partners only

FGN receives taxes and royalties from


entire JV Inc ( JV Partner + NNPC )

Retained earnings

There are no retained funds for future, FGN


takes all its proceeds out of organization

JV Inc will retain some portion of earnings


to fund future investment. Dependent on dividend policy

Balance Sheet

There is no balance sheet, organization


has no assets or liabilities

JV Inc will have balance sheet with own


assets & liabilities Balance sheet used to raise finance

NNPC control is limited to level of


Control/Transparency
investment that is put in. Lack of transparency constrains level of decision making

NNPC will exercise greater direct control


via board & management. Makes operations and financial data transparent

97

TIONAL P NA

LEUM RO ET

JV Incorporation provides an industry wide solution with substantial additional benefits to NNPC & Nigeria
JV Inc is a robust industry solution
Removes the need for cash
call and piecemeal financing

NIGERIAN

OR

P O R AT I O

It also increases net proceeds to FGN


Increased transparency &
accountability will drive down industry costs and increase efficiencies

and sets NNPC on the road to of being world class


NNPC gets direct access
to expertise and operational excellence of the worlds top oil companies

Provides a viable and


sustainable method for industry to self-finance

Increased transparency
will ensure less opex, capex are claimed against revenues thus increasing tax revenues.

Can be applied across the


whole sector in a uniform manner.

NNPC develops skills to be


an operator in future or at least benchmark future operator performance

In the long-term JV Incs


will be able to raise increased amounts of debt financing, boosting investment levels and related revenue

Globally tried & tested


Incorporation is the dominate model across NOCs around the world

NNPC can expand


internationally via JV Incs, thus sharing international risk with IOCs

Aligns industry & FGN


aspirations
98 Source:

Team analysis

TIONAL P NA
NIGERIAN

LEUM RO ET

PSC Production Outlook


PSC Production / forecast
1,400 1,200

OR

P O R AT I O

Crude Oil Prod MBOPD

1,000 800 600 400 200 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Bonga Main Usan

Bonga SW Abo Main

Bonga NW Abo Extension

Erha Agbara

Erha North OML 123 / 124

Agbami Okwori / Nda

Bosi / Bosi Ser 2

Akpo

99

TIONAL P NA
NIGERIAN

LEUM RO ET

OR

P O R AT I O

Oil & Cond Forecast


4,000 3,500 3,000

JV & Deepwater production are on track to achieve GDP growth target by 2011 JV Production will reach 2.5 MMBOPD by 2011. GDP growth aspiration expects JV oil prod (incl. float) of 2.6 MMBOPD by 2011 JV Production will only be attained with sustained investment at the levels shown in the previous slide Any JV production gap due to lack of required investment could be partially filled by deepwater production; however, this will not deliver the expected revenues, as the government take is much less in the deepwater PSCs.

Deepwater PSC Production

BOPD

2,500 2,000 1,500 1,000 500 0


2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Base Production New Oil Projects Unconstrained PSC

Dev Drilling & Work ov er Ongoing Gas Projects

Ongoing Oil Projects New Gas Projects

100

NIGERIAN

JV Funding Outlook Gas Production Forecast


Gas Production Forecast
15,000 12,000
Deepwater PSC Production

TIONAL P NA

LEUM RO ET

OR

P O R AT I O

Even with the investment levels outlined in the previous slide, GDP gas aspiration will not be achieved. 9 BCFD will be attained by 2011, compared to the expected 14 BCFD Deepwater PSC gas production still low Proper definition could unlock additional gas volumes in due course

MMSCFD

9,000 6,000 3,000 0


2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Base Production New Oil Projects Unconstrained PSC

Dev Drilling & Work ov er Ongoing Gas Projects

Ongoing Oil Projects New Gas Projects

101

TIONAL P NA
NIGERIAN

LEUM RO ET

OR

P O R AT I O

Picture of drilling session showing Men and and drill string

102

TIONAL P NA
NIGERIAN

LEUM RO ET

Way Forward
Niger Delta security situation needs urgent attention to improve Oil & Gas production and reduce costs

OR

P O R AT I O

The Petroleum Industry Bill (PIB) currently before the National Assembly needs speedy passage to deal with the fiscal and joint venture financing issues affecting Government revenues.

Despite all the security challenges in the Niger Delta there is still need for greater cost efficiency in the petroleum sector.

103

TIONAL P NA
NIGERIAN

LEUM RO ET

OR

P O R AT I O

Thank You

104

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