Minerals Report - International Seabed Authority

Minerals Report - International Seabed Authority Minerals Report - International Seabed Authority

05.02.2013 Views

Processing of products is subject to another contract, but the contractor agrees to refine 28.57 % of its share of crude oil in Indonesia. If there is no such refining capacity in Indonesia, then the contractors agree, “to set up a corresponding refining capacity for that purpose” under the following conditions: Pertamina has first requested contractor thereto, The contractor portion of crude oil is not less than.... barrels per day (negotiable); and If both parties think that such refining capacity is economical. Otherwise, the contractor may make an equivalent investment in another project related to petroleum or petrochemical industries in Indonesia. Indonesian Participation: Pertamina has the right to demand 10 % of undivided interests in the contract for itself or for other Indonesian interests (Indonesian participants). This is intended to give opportunity to Indonesian companies to take share in the exploitation of oil and gas production. This right shall lapse after 3 months of the discovery of petroleum in the contract area if Pertamina does not use this option. If Indonesian participant uses this option, he/she/it will be offered standard operating agreement and if he/she/it does not accept the offer within 6 months, the contractor is released from the obligation to offer participation to Indonesian participants. If Indonesian participant acquires the 10% undivided interests, he/she/it will reimburse the contractor 10 % of the operating costs which the contractor has so far spent, 10 % of the compensation paid initially to Pertamina for information, and 10 % of the amount paid to Pertamina for equipments and services during the first contract year. The Indonesian participant has the option to reimburse the same amount, either: a) in cash within 3 months; or b) by way of a “payment out of production” of 50 % of his production entitlement under the contract, equal in INTERNATIONAL SEABED AUTHORITY 866

total to 150 % of the said amount commencing as from the first date of the production. Operating Cost: “Operating cost” would include current year noncapital costs which can include operations, office services and general administration, production drilling, exploratory drilling, surveys, other exploration expenditures and training. It would also include current year’s depreciation of capital costs, such as construction utilities and auxiliaries, construction of housing and welfare, production facilities and moveables. Current year allowed recovery of prior year’s unrecovered operating cost may also be included. Depreciation of capital costs are divided into 3 groups, depending on expected useful life of the capital goods, namely group 1 = 50 %, group 2 = 25 %, and group 3 = 10 %. Interest on loans and insurance premium and fees as well as all expenditures incurred in the abandonment of all exploratory wells and the restoration of the drilling sites may also be recoverable as operating costs. This amount however is paid every year to Pertamina on the basis of calculation of costs and the lifespan of the project or installation. 6. Conclusions The Indonesian mining legislation treats oil and gas somewhat differently from the hard minerals. While the exploration and exploitation of oil and gas are largely based now on production sharing system, the exploration and exploitation of hard minerals is still largely based on licensing system, in which the licensed mining companies are obliged to pay mining fees and tax/ royalties to the Government. This difference is basically because it is relatively easier to delineate the oil and gas reserve and resources in comparison with delineation of the hard mineral reserves and resources, particularly deep underground. The production sharing system in Indonesia has given quite a substantial power to the Government or the President to participate in the management of oil and gas as well as in the oil company (Pertamina). There INTERNATIONAL SEABED AUTHORITY 867

total to 150 % of the said amount commencing as from the first date of the<br />

production.<br />

Operating Cost: “Operating cost” would include current year noncapital<br />

costs which can include operations, office services and general<br />

administration, production drilling, exploratory drilling, surveys, other<br />

exploration expenditures and training.<br />

It would also include current year’s depreciation of capital costs, such<br />

as construction utilities and auxiliaries, construction of housing and welfare,<br />

production facilities and moveables. Current year allowed recovery of prior<br />

year’s unrecovered operating cost may also be included.<br />

Depreciation of capital costs are divided into 3 groups, depending on<br />

expected useful life of the capital goods, namely group 1 = 50 %, group 2 = 25<br />

%, and group 3 = 10 %. Interest on loans and insurance premium and fees as<br />

well as all expenditures incurred in the abandonment of all exploratory wells<br />

and the restoration of the drilling sites may also be recoverable as operating<br />

costs. This amount however is paid every year to Pertamina on the basis of<br />

calculation of costs and the lifespan of the project or installation.<br />

6. Conclusions<br />

The Indonesian mining legislation treats oil and gas somewhat<br />

differently from the hard minerals. While the exploration and exploitation of<br />

oil and gas are largely based now on production sharing system, the<br />

exploration and exploitation of hard minerals is still largely based on licensing<br />

system, in which the licensed mining companies are obliged to pay mining<br />

fees and tax/ royalties to the Government. This difference is basically because<br />

it is relatively easier to delineate the oil and gas reserve and resources in<br />

comparison with delineation of the hard mineral reserves and resources,<br />

particularly deep underground.<br />

The production sharing system in Indonesia has given quite a<br />

substantial power to the Government or the President to participate in the<br />

management of oil and gas as well as in the oil company (Pertamina). There<br />

INTERNATIONAL SEABED AUTHORITY 867

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