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Minerals Report - International Seabed Authority

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Article 22 of the Presidential Decree number 2,705/98 presents a series<br />

of tables with progressive indexes to be applied over the net revenue of the<br />

production in the three-month period. These ones vary according to the<br />

location of the concession (onshore, offshore up to 400 metres of water depth,<br />

and offshore at waters deeper than 400 metres), and to the production time of<br />

the concession.<br />

The net revenue of the production over the three-month period must<br />

be verified to each field, one by one, taking into account the production of oil<br />

equivalent to the three-month period. Calculation of the net revenue of the<br />

production in the three-month period starts from the gross revenue, of which<br />

deductions are made as estimated in chapter IV of ANP Ordinance number<br />

10/99, and including the addictions described in chapter VII of the same<br />

regulation.<br />

In the beginning of the production of an oil field, there may be<br />

exemption of the payment of the special participation. The limits for<br />

exemption, as established by the Presidential Decree number 2,705/98,<br />

decrease from the start of the first year of production until the fourth year<br />

following the start.<br />

The first concession contracts were signed on August 6, 1998. In their<br />

majority, these contracts referred to producing fields. In order to deal with<br />

them, ANP Ordinance number 10/99 has a specific chapter – Chapter VIII –<br />

that defines the type of appropriation of previous expenses.<br />

A fourth kind of payment, which does not apply to offshore activities<br />

and that is similar to the taxes, is the participation to be paid to landowners,<br />

conceived in article 52 of the petroleum law. Such non-Governmental<br />

participation is regulated by ANP Ordinance number 143/98. It is paid<br />

following a taxation that varies from 0.5 % to 1 % over the production of oil<br />

and natural gas, taking into consideration a calculation basis similar to the one<br />

that is applied to royalties.<br />

The beneficiary is the landowner in whose land the wellhead is<br />

located. The volume of natural gas that is re-injected into the reservoir and<br />

INTERNATIONAL SEABED AUTHORITY 829

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