=Paper= {{Paper |id=Vol-2763/CPT2020_paper_s3-4 |storemode=property |title=Analysis of PSC Gross Split Implementation in Russian Offshore |pdfUrl=https://ceur-ws.org/Vol-2763/CPT2020_paper_s3-4.pdf |volume=Vol-2763 |authors=M.I. Kiat,S.I. Iliukhin,A.Kh. Ozdoeva }} ==Analysis of PSC Gross Split Implementation in Russian Offshore== https://ceur-ws.org/Vol-2763/CPT2020_paper_s3-4.pdf
        Analysis of PSC gross split implementation in Russian offshore
                                        M.I. Kiat, S.I. Iliukhin, A.Kh. Ozdoeva
                        Muhammadiksankiat95@gmail.com | savelykh@yandex.ru | 4305@bk.ru
           National Research University of Oil and Gas named after I.M. Gubkin, Moscow, Russian Federation

      Product Sharing Contract with Gross Split scheme come up as an alternative solution for developing a healthy, fair and
sustainable international oil and gas cooperation in Russian offshore [1]. In the application, benefits will be optimal for all parties if
all legal requirements and business interests are met. Regarding that, the monitoring process on PSC GS implementation is as crucial
as the negotiation process in making suitable terms and conditions for both parties. However, the real problem is negotiation
participants (representatives of parties) are not fully aware of all PSC elements, which causes long, uncertain, and repetitive
discussion or even results in unfair domination of one party over another. This paper shows the design of the tree and expert analysis
to help all parties understand PSC elements, sensitivities, and their interactions before entering negotiation process. The methodology
used is a theoretical survey (analysis & synthesis) based on world practices and Russian economical, technical, and geological
characteristics. The result depicts both analyses are important materials to prepare all parties for the effective decision making
process as well as support the establishment of win-win contract details.
      Keywords: Production Sharing Contract (PSC), Gross Split (GS), Host-Government (HG), and International Oil Company (IOC).

                                                                        understand how the elements mean to control each
1. Introduction                                                         bargain position. This is necessary to establish win-win
    Since the date it’s created in 2017, PSC with the new               solution contracts.
scheme started to implement in more than 42 working
                                                                        2. Tree analysis
areas in Indonesia. The main differences of this hybrid of
PSC and concession from others (basic ideas) are as                         Based on all PSC basic elements, decision tree
follows: split starts from gross revenue; IOC takes 100%                analysis is presented in Fig. 1. The map shows the details
responsibility of E&P cost; and HG can increase/decrease                of basic elements and possible options of their
IOC’s share by assessing variable (every POD) and                       implementation. Considering a large number of different
progressive components (monthly), design of which is                    proposed contracts, the tree allows parties to fast and
based on existing oil and gas fields calibration. Facing                thoroughly understand how this or that project can be
difficulties to explore and develop its resources in certain            economically effective for all, which is certainly based on
complex field condition, Russia is obviously in need of                 comprehensive analysis of their capacity, market
applying PSC GS to increase its fiscal attractiveness.                  conditions, and specific interests. It is worth noting that
Because existing contracts don’t have necessary                         the assessment of possible solutions in this analysis
functionality for efficient, simple, certain and transparent            allows you to determine a strategy for public-private
interaction with IOCs, while the international                          partnership within the framework of commercial,
collaboration is significant due to the absence of                      budgetary, social, technological and environmental
sufficient technologies, facilities, human resources and                efficiency [19].
investments [2]. After all, it’s not the same PSC GS                        Referring to the map, onshore and Caspian offshore
scheme to offer to implement in different countries, but                are not a prioritized option due to the fact that Russian
the analogy of it by maintaining the basic ideas and                    companies are able to deal with those fields, except, shale
adjusting the clauses, which are shown in table 1.                      and other unconventional fields, while offshore fields,
         Table 1. PSC basic elements (clauses) [3-18]                   which require more cost and technologies, are more
               National Legislation    Contract Negotiation             challengeable. Therefore, by considering their most
 Operational       Government           Work commitment;                difficult circumstances the focus is on Sakhalin and
  Aspects          participation;        Relinquishment;                Arctic.
               Ownership transfer;        Commerciality
               Conflict resolution;                                     3. Expert’s analysis
                    Insurance
 Revenue or Royalties; Taxation;      Bonus payments; Cost                  Table 2 presents experts’ opinion on each basic
 Production    Depreciation rates;        recovery limits;              element according to survey using multi criterial analysis.
  Sharing       Investment credit;      Production sharing              The expert Council consisted of about 80 specialists in
  Elements      Domestic Market;                                        various fields of science, which allowed us to consolidate
                    Obligation;                                         the information received and determine the most priority
                   Ringfencing
                                                                        areas for analysis and evaluation. The experts score the
                                                                        level of significance of each criteria and set the rank
   It’s undeniable that there are tendencies from both
                                                                        based on their experiences and objectives. Besides, the
parties to dominate the contract. The negotiation trade-off
                                                                        table classifies general requirements that HG and IOC are
between HG and IOCs lies in the clauses above. Thus,
                                                                        likely to put forward during negotiations.
every party should analytically and statistically




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4.0)
Fig. 1. Decision tree analysis (Created by Authors)
                  Table 2. Expert analysis: PSC implementation option in Russian offshore (Created by Authors)
Rank        Name                       HG           IOC (Contractor) PSC GS (Optimum)                               Note
                                                                                                  Considering        high      risks    in
                                                                                                  exploration phase, Contractor tends
                                                                                                  to recover sunk cost maximally.
 1      Commerciality       Low sunk cost, high development feasibility, & high geopotential.
                                                                                                  Geopotential is the key to decide
                                                                                                  whether field development is
                                                                                                  feasible in high sunk cost.
                                                                                                  Incremental          sliding       scale
                            Single split: 50-90%                           Base split + variable production sharing guarantees
                                                   Single split: 30-50%
 2      Product sharing        share with high                           (fixed) and progressive flexibility, fairness, simplicity,
                                                      with no limit CR
                                  royalty/FTP                            (monthly) components transparency & certainty of HG and
                                                                                                  Contractor's share.
                                30-60 %, after                                                    Cost Recovery by IOC after gross
                                                   40% and higher, No After gross split with
 3       Cost recovery    recovering capital cost                                                 revenue split stimulates work
                                                            limit                 50% limit
                                    15-30%                                                        efficiency of the contractor
                                                                                                  Fiscal incentive supports contractor
                                                                           Taxes (Profit, local,
                                                                                                  with financial risks. In Indonesian
                                                       Single tax, tax      road use), pipeline
                                                                                                  GSS profit tax is the one and only
 4         Taxation      Multiple taxes and levies      holidays, tax           tariff, excise,
                                                                                                  tax. But in Russia, considering the
                                                   deduction and TLCF mandatory conversion,
                                                                                                  taxation habit, some key taxes are
                                                                          TLCF, Tax deduction
                                                                                                  put in to Russian GSS.
                                                                                                  Mostly, cost recovery weighs on
                                                                            Replaced by gross
                                                                                                  HG's take. Therefore, to secure total
                                                       No or yes, with       revenue split and
 5     Royalties & FTP        Yes, with no split                                                  take, HG sets 5-20% royalties,
                                                       balanced split      Incremental sliding
                                                                                                  which results in increase of
                                                                             scale components
                                                                                                  contractor's burden.
                              Tech: Seismic, &
                                                                             Tech: Seismic, &
                            Drilling Data (exp),   Tech: Seismic data.
                                                                              Drilling Data in    In gross split, work commitment is
                             digitalization, EOR      Financial: partial
                                                                         exploration. Financial: valued not only by reliable seismic
                           (Dev&Prod), max site       investment with
                                                                                partial or full   and drilling data and delineation,
                           restoration; Financial:   reimbursement &
                                                                              investment with     but also signature bonus. In dev. &
                               Full investment       investment credit.
            Work                                                              reimbursement.      prod. phase, incentive components
 6                                  with(out)      Equipment: minimal
         commitment                                                       Domestic content min automatically respond to contractor
                               reimbursement;      number of wells and
                                                                          25%. Equipment, HR, work commitment. The stronger the
                              Equipment: high       platform. HR: min
                                                                         Tech based on variable commitment is made, the more
                              domestic content,      domestic content,
                                                                              and progressive     contractor's take is increased, and
                            sufficient number of     sufficient reliable
                                                                           components (sliding vice versa.
                         wells and platform. HR:          workers
                                                                               scale system).
                           high domestic content
                                                                                                  In IOC's view, working with many
                                                                                                  parties is not preferable due to
                                                                                                  different cultures. Though risk can
                                                                                                  be spread. In HG's view,
                                                                                                  involvement of National & private
                                                                                                  Russian companies makes it easier
 7     Gov participation Gov+NOC+ROC+IOC                 Gov+IOC              Gov+NOC+IOC
                                                                                                  to control fraud, balance dominant
                                                                                                  power and learn science-tech from
                                                                                                  IOC. Overall, collaboration is
                                                                                                  needed but with limited players.
                                                                                                  NOC's carried through exploration,
                                                                                                  has 15% interests.
                                                                                                  Applying          basic       principles
                                                                                                  (Certainty,        Efficiency       and
                                                                                International
                              Arbitration, local                                                  Simplicity), GSS gets rid of many
           Conflict                                                           Arbitration, and
 8                              litigation as an         Arbitration                              conflict potentials. But when it
          resolution                                                     International litigation
                                   alternative                                                    appears,      the     mechanism       of
                                                                                as alternative
                                                                                                  resolution has to be transparent,
                                                                                                  cheap, effective and efficient.
                                                                                                  GSS facilitates contractor to better
                                                                         Period CAPEX ≤ ½ of
                          Long period with SLD Short period with                                  amortize its capex & opex. The
 9       DD&A Rates                                                       WP (DDB); OPEX ≤
                                     scheme             DDB scheme                                tittle to equip belongs to HG. WP is
                                                                             2/3 of WP (SLD)
                                                                                                  working period.
                                                                                                  HG motivates contractor to do
 10      Ringfencing                   Yes                   No                       Yes         efficiency in order to maximize its
                                                                                                  total take
                            Yes, 25%, at specific    No DMO or 25%         Yes, 25%, at market IOC has already consumer. For HG,
 11         DMO
                                   lower cost      DMO at market cost                cost         DMO can help fulfill national
 Rank         Name                    HG              IOC (Contractor)    PSC GS (Optimum)                        Note
                                                        + DMO Fee                                 demand as well as activate refinery.
                                                                                                  Production bonuses to HG is
                                                                                                  regulated in progressive component
                                                                          Signature, prod and with sliding scale approach. While
                               Signature and
  12     Bonus payments                                  Ministerial       ministerial (sliding ministerial bonuses to contractor
                             production Bonus
                                                                                  scale)          depends not only on uneconomic
                                                                                                  condition, but also commitment to
                                                                                                  efficiency
                                                                                                  Government will decide whether or
                              No extension of           Extension of
                                                                                                  not extension is worthy to be
                            exploration and dev exploration, transfer Possible extension of
  13     Relinquishment                                                                           granted. HG considers contractor
                            phase, surrender full   or surrender part of       exploration
                                                                                                  commitments to seismic & drilling
                                  territory               territory
                                                                                                  data, & appraisal)
                                                                                                  Such an incentive has been
        Investment credit                                                 Replaced by sliding
  14                                 No                 Yes, 5-20%                                represented by variable and
            & uplifts                                                      scale components
                                                                                                  progressive components
                                                                                                  Contractors and subcontractor are
                          Regulated based on strict No regulation (free Regulated: Determined obliged to be adequately insured in
  15       Insurance
                             HG's supervision          to determine)       based on white list reputable companies written on the
                                                                                                  white list
                                                                                                  Ownership      belongs    to    HG.
                                                                         Partially in the form of
           Ownership                                                                              Contractor can transfer not the
  16                                 No                     Yes             participation, not
             transfer                                                                             ownership,      but    participation
                                                                                ownership
                                                                                                  interests.

    It also provides optimum requirements in the form                  potential disputes. Thus, all parties are able to save the
of PSC GS. As it can be seen from table 2, PSC GS                      time of signing contracts, minimize costs at further
allows HG and IOC to come to an understanding and to                   stages of running project, and achieve win-win solution.
identify common goals in running the collaborative                     As we’ve known, disputes and renegotiation are time-
projects. In addition, what will be given special                      consuming, costly, and sometimes manipulative. In
attention is described in notes. Changing the ratio of                 addition, the cross-analysis gave results in terms of
costs and potential benefits when applying the PSA will                improving project efficiency by 14.7% for the studied
significantly    increase     commercial,       budgetary,             objects of the Arctic and Sakhalin. Thus, the decision to
technological and scientific efficiency (figure 2.)                    include the PSA synthesis model in the framework of
                                                                       forecast projects for the development of the continental
                                                                       shelf may become promising in terms of commercial
                                                                       efficiency. It will also present an opportunity to
                                                                       improve the scientific and technical potential of the oil
                                                                       and gas industry not only in Russia but also in other
                                                                       countries on the world energy market.

                                                                       Acknowledgments
                                                                         The study was carried out within the framework of
                                                                       RFBR grants 19-07-00455 and 20-04-60185.

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