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Minerals Report - International Seabed Authority

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This tax must be paid up to January 15 of the year that follows the one<br />

of the owed amount, according to what was verified.<br />

The values to be paid are calculated in accordance to the phase of the<br />

work (exploration, development, or production), taking into consideration the<br />

geological characteristics, the location of the sedimentary basin where the<br />

concession is situated, and other aspects. The tax varies between R$ 10,00 and<br />

R$ 5.000,00 (approximately US$ 5.00 to US$ 2,500.00) per square kilometre.<br />

The royalties derive from articles 47 and 49 of the petroleum law. The<br />

criteria for their calculation and collection are determined in article 11 and in<br />

the aforementioned Presidential Decree number 2,705. The incidence of<br />

royalties varies between 5 % and 10 % over the total volume of the oil and<br />

natural gas production multiplied by the reference price, with the exact fee<br />

being set by each concession contract.<br />

The definition of the total volume of production appears in clause XI<br />

of article 3 of the Presidential Decree number 2,705/98. In general terms, one<br />

may say the total volume of production is equivalent to the overall output,<br />

deducting the volume of natural gas re-injected in the reservoir as well as the<br />

volume of natural gas whose burning is authorised by ANP.<br />

Payment of royalties must occur every month, until the last working<br />

day of the month that follows the one whose production is under<br />

consideration.<br />

Another example of Governmental take on the withdrawal of the oil<br />

and natural gas industry is the special participation, which is supported on<br />

article 45 of the petroleum law, and specified in article 50 of the same law.<br />

The long chapter VII of the Presidential Decree number 2,705/98 sets the<br />

criteria for calculation and collection of the tax, whilst ANP Ordinance<br />

number 10/99 introduces a formula for its verification. The verification must<br />

be carried out every three months, in line with each three-month period of the<br />

calendar year, with payment due until the last working day of the month that<br />

follows the one of the verification.<br />

INTERNATIONAL SEABED AUTHORITY 828

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