Escolar Documentos
Profissional Documentos
Cultura Documentos
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February 2011
NIGERIAN
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P O R AT I O
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Production Costs
Oil & Gas Price Business Environment - Security
2
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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
6.
Conclusions
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Background
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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
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Government
Investor Company
Fiscal Terms
Fiscal terms act as the contractual balance between the financial Objectives of Government and the investor Company
6
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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
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1993/2000 PSCs
JV Royalty/Tax Systems
Optimal terms
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Includes Independents
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Under the JOA the Partners retain their separate legal identities with one of them appointed as an Operator.
10
NIGERIAN
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S/no
Operator
SPDC
2 3 4 5 6
60 60 60 60 60
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There are currently over 60 PSCs, out of which about 6 are on production
12
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13
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PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Background: Petroleum Contract Arrangement Marginal Fields Marginal Fields
NIGERIAN
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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
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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
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16
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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.
BOPD
17
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Joint Ventures (JVs) Production Sharing Contracts (PSCs) Service Contracts (SCs) Total 3000 2500 2000 1500 1000 500 0
8
800 1392 2010
7
824 1470 2011
5
1012 1578
2012
JVs
PSCs
18
SCs
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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
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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
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Business Arrangement
Joint ventures Alternative Funding Production Sharing Contracts Service Contracts
Total Production
2,200
20
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PROCESSING & MONITORING OF OIL/GAS PRODUCTION: Background Federation Account Revenue Flows 2010 Approved Oil and Gas Fiscal Assumptions
NIGERIAN
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21
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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)
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%
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1.
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
PPT, 25.56
3.
GT 37% of total revenues
Royalty, 9.25
4.
JV Oil
PSC Oil
23
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Production Costs
Oil & Gas Price Business Environment - Security
25
TIONAL P NA
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NIGERIAN
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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
6.
Conclusions
26
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28
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J O A
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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
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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
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P O R AT I O
OPCOM / MACOM
OPCOM Operating Committee MACOM Management Committee TECOM Technical Committee
TECOM
SUBCOMMITTEES
PED
FACILITIES
EXPLORATION
GAS
MMD
COMMUNITY RELATIONS
32
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34
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Review and approve annual work programme & budget and reported performance. Review contracts in excess of contractors limit of authority (>$250,000 or N10 million).
35
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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
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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
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Monitoring Oil & Gas Production and Cost - Trial Marketing Period
NIGERIAN
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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
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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
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
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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
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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
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P O R AT I O
Pays Royalty @19% to Govt. Pays Taxes @85% of taxable income to Govt.
Keeps Profit * Surplus swept into Federation Account from NNPC equity is made up of Royalty, Taxes & NNPC net Profit
41
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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
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CUSTODY OF FUNDS
DISBURSEMENTS
NLNG FEEDSTOCKS
CBN/NNPC CRUDE OIL & GAS US$ REVENUE ACCOUNT HELD WITH JP MORGAN CHASE BANK, NEW YORK
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
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P O R AT I O
J.V.s PPT
INDEPENDENTS
FEDERAL GOVT.
STATE GOVTS.
LOCAL GOVTS.
PSC & SC PPT, PROFIT OIL ROYALTIES DPR FEES, RENTALS PENALTIES, BONUSES
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
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Royalties
MCA PSC
Equity Crude
JV
Domestic Crude
NNPCs Role in Oil & Gas Sales Revenue & Accounting Entitlements Determination & Lifting
NIGERIAN
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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
Total Prod
SC Oil Produced
Total Prod
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
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
NNPC Equity
NNPCs Role in Oil & Gas Sales Revenue & Accounting Management of Government Interest
Entitlement Estimation
Tech. Allowable - DPR
Monthly Production Comml
NIGERIAN
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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
Reconciliation
DPR, FIRS, NAPIMS, NEITI, FAAC, FMF, RMAFC, OAGF, etc
Revenue
Shipping Documents Pricing & Valuation Lifting & Sales Profile CBN Account Statements Offshore Bank Statements FAAC / Other Financial Reports
09/08/11 47
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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
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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
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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
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Joint Venture Cash Call Funding Mechanism & Implication on Government Oil Revenues
51
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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
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P O R AT I O
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
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P O R AT I O
6.
Conclusions
53
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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
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P O R AT I O
NNPC CORPORATE
SUB-COM
JOINTLY RECOMMEND TO
NAPIMS
TECOM
GOVT (FMF)
RECOMMENDS TO
NATIONAL ASSEMBLY
OPCOM
55
PRESIDENCY
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Alternative Funding
Carry Agreements Modified Carry Agreements (MCAs) IOC Bridge/Term Loans 3rd Party Debt Finance
56
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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
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P O R AT I O
Funded through JV Cash Call Funded through JV Cash Call 100% flows into Federation Account
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
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P O R AT I O
Profit Sharing Equity Interest in JV: Ave 57% Rate across the 6 JVs
Normal
59
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P O R AT I O
60
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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
3. Joint Venture Cash Call Funding Mechanism & Implication on Government Oil Revenues
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P O R AT I O
6.
Conclusions
62
Comparative Revenue Flow from JV & PSC Fiscal Regime Comparison Fiscal Assumptions
NIGERIAN
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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%
Comparative Revenue Flow from JV & PSC Fiscal Regime Comparison (PPT Case @ $50/ bbl Oil Price)
NIGERIAN
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P O R AT I O
Comparative Revenue Flow from JV & PSC Fiscal Regime Comparison (PIB Case @ $50/ bbl Oil Price)
NIGERIAN
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P O R AT I O
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P O R AT I O
66
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P O R AT I O
67
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P O R AT I O
9,672 1,806
21,493 4,013
4,797
3,069 2,609 4,414
4,797
12,683 10,780 14,793
68
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IOC Profit Oil Share Govt. Revenue from Taxes & Royalty
Gross revenues
12,483 345
27,740 766
6,999
5,140 2,570 2,914
6,999
19,976 9,988 10,753
NNPC share of profit oil @20% Total Govt Rev from PSC Petroleum Operations
514 3,428
1,998 12,751
69
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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
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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
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P O R AT I O
Non competitive price fixing behaviours in the contracting environment limited number of service contractors.
72
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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
73
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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
74
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P O R AT I O
75
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P O R AT I O
76
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P O R AT I O
3. Joint Venture Cash Call Funding Mechanism & Implication on Government Oil Revenues
TIONAL P NA
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NIGERIAN
OR
P O R AT I O
Fiscal (AGFA)
Acreage Management System Institutional Framework Downstream Subsidy
6.
Conclusions
78
TIONAL P NA
LEUM RO ET
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
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
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
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
NIGERIAN
TIONAL P NA
LEUM RO ET
OR
P O R AT I O
TIONAL P NA
LEUM RO ET
NIGERIAN
OR
P O R AT I O
Contract clarity & Conflict with legislations Interpretation Disputes between Govt. & IOCs Divergent entitlement claims
85
TIONAL P NA
LEUM RO ET
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.
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
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
NIGERIAN
OR
P O R AT I O
Downstream:(Midstream) Sector
Midstream Sector
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
Downstream Sector
Downstream Sector
Gas Distribution /Sale Petroleum product distribution & Storage Petroleum Product Retail
TIONAL P NA
LEUM RO ET
NIGERIAN
OR
P O R AT I O
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
Technical Regulation
Directorate
Midstream Agency
Commercial Regulation
Oil Transp. & Gas Transmission Gas Processing LNG/CNG/GTL Derivative Processing/Produ ction Oil Refining
Technical Regulation
Downstream Authority
Commercial Regulation
Gas Dist. /Sale Petroleum product distribution & Storage Petroleum Product Retail
Policy &
Coordination
89
Regulation
Commercial
Operations
TIONAL P NA
LEUM RO ET
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
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
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
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
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
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
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
NIGERIAN
OR
After
funding strategy One off equity injection JV Inc raises debt financing
P O R AT I O
Revenue
Taxes
Retained earnings
Balance Sheet
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
Increased transparency
will ensure less opex, capex are claimed against revenues thus increasing tax revenues.
Team analysis
TIONAL P NA
NIGERIAN
LEUM RO ET
OR
P O R AT I O
1,000 800 600 400 200 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Erha Agbara
Akpo
99
TIONAL P NA
NIGERIAN
LEUM RO ET
OR
P O R AT I O
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.
BOPD
100
NIGERIAN
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
101
TIONAL P NA
NIGERIAN
LEUM RO ET
OR
P O R AT I O
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