Navigating Continuous Exploratory Activities in International Oil Contracts
Explore how continuous exploratory activities can influence relinquishment provisions in international oil contracts, offering strategic advantages for companies.
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Understanding The Relinquishment Provision Within A Production Sharing Agreement
Added on 09/28/2024
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Speaker 1: So, we talked a little bit about the similarities between the U.S. domestic oil and gas lease and this international model production sharing contract. And recently, some negotiators have found some success in implementing one of the concepts from the domestic oil and gas lease into the PSA, which is the continuous exploratory activities provision. So typically, under the production sharing contract, if the sub-period, the exploration sub-period is ended and the exploration period and the exploration activities have ended, this will typically begin to trigger the relinquishment provision of the contract. And relinquishment is going to be one of the commitments that's going to be required under the agreement in order to move from one phase of the exploration period to the next phase. One of the requirements is going to be that the international oil company relinquish a portion of those lands back to the host government so that, again, the government can begin to market those lands to additional investors. So one of the things that some drafters have had some success in doing is negotiating a continuous exploratory activities provision that says as long as we are continually exploring and diligent in our exploration activities, this will actually toll any requirement to relinquish any lands back to the government. So I think this is something that as a drafter, as an attorney, you know, on the side of or representing the international oil company, you should definitely push for. Again, the governments are going to be looking to market these lands, so there's a possibility that you might get some additional pushback on this provision. So here's an example of what a typical relinquishment provision looks like. And here it says that if the contractor has requested for any extension of the exploration phase, then the contractor in consultation with the host government shall select parts of the contract area to be relinquished as follows. And let's just stop there. Selecting, giving the contractor or the international oil company the opportunity or the option to actually select the lands that are going to be given back to the government is key. This is not an area that you want to leave up to the host government to mandate or dictate to the government as to which lands go back to them. You definitely want to make sure that you provide that protection and that right to your client to choose which areas, if any, will be relinquished back to the government before they can move forward to the subsequent exploration period. The other thing to think about is whether or not the requirement to relinquish lands will bring in a requirement that those lands be contiguous or connected. This likely is one of those areas that will be mandated or governed by the hydrocarbons law. So you definitely want to go back and check the hydrocarbons law to see if there is a requirement that any relinquished lands be contiguous. But if they're not, then that's an area that could provide additional flexibility to your client to ensure that there is no requirement that the lands that are relinquished back to the government actually be contiguous.

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