NNPC - Monitoring Oil Production and Revenue Generation

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    NIGER

    IAN

    NATIONAL PETRO

    LEUM

    CORPORATI

    ON

    February 2011

    Processing & Monitoring of Nigerian Crude/GasProduction and Proper Accounting of Sales

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    NIGER

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    NATIONAL PETRO

    LEUM

    CORPORATI

    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Presentation Outline

    1. BackgroundNigerian Oil & Gas Fiscal Arrangement andSystems

    Type of arrangementsJVs, PSCs, SCs & Independents

    Production Contribution and trend

    Contribution to Government Revenue

    2. Role of NNPC In Nigerias Crude Oil/Gas Production &Accounting

    Production Quota Allocation & Fiscal Price determination

    Monitoring Oil & Gas Production and Cost

    Oil & Gas Sales Revenue and Accounting3. Factors influencing Government Share of Oil & Gas Revenue

    Applicable Fiscal System

    Production Costs

    Oil & Gas Price

    Business Environment - Security2

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Presentation Outline (2)

    3

    4. Joint Venture Cash Call Funding Mechanism & Implication onGovernment Oil Revenues

    Cash Call Funding Process

    Implication of Cash Call Funding On Government Revenues

    Alternative to Cash Call Funding

    5. Issues, Challenges and Proposed Solutions

    Funding

    Managing Cost

    Fiscal (AGFA)

    Acreage Management System Institutional Framework

    Downstream Subsidy

    6. Conclusions

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    Background

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Background - What is Oil & Gas Fiscal System

    Petroleum means mineral oil (or any related hydrocarbon) ornatural gas as it exists in its natural state in strata and does notinclude coal or bituminous shales or other stratified deposits fromwhich oil can be extracted by destructive distillation

    Fiscal system or arrangement is the Host Governments mostimportant tool for managing Oil and Gas resources

    From the international oil companies (IOCs) perspective, fiscalregimes are some of the most critical factors to be considered forinvestment decisions

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Background - Balance of Objectives

    Realization of Countrys EconomicPotential

    Development ofNational Expertise

    Broad Control ofOverall Activity

    Balanced Risk / RewardRelationship

    Stable Politicaland Fiscal Environment

    Management of Operationson Sound Commercial Basis

    Government Investor Company

    Maximum Economic Development of Hydrocarbon Resources

    Fiscal Terms

    Fiscal terms act as the contractual balance between the financial

    Objectives of Government and the investor Company

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Background - Balancing Government Take

    8

    GovernmentRevenue($m

    illion)

    Government Take (% Project Profit)

    Terms to o lenient Terms too toug h

    Need to increase government

    take

    Optimal terms

    Need to provid e greater

    incent ive

    GovernmentRevenue($m

    illion)

    Government Take (% Project Economic Rent)

    Terms to o lenient Terms too toug h

    Need to increase government

    take

    Optimal terms

    Need to provid e greater

    incent ive

    1993/2000 PSCs JV Royalty/Tax Systems

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    BackgroundTypes of Production Arrangements

    9

    SERVICE FEECONTRACTS

    Includes Independents

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Background: Petroleum Contract Arrangement - JV

    Joint Ventures (JV) operations

    An arrangement whereby the government is in working partnershipwith the IOC on an equity contribution basis.

    The relationship is governed by the Joint Operating Agreement (JOA).

    Under the JOA the Partners retain their separate legal identities withone of them appointed as an Operator.

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Background: Petroleum Contract ArrangementPSC

    Production Sharing Contracts (PSC)

    Govt. is 100% owner of the Blocks.

    Contractor provides all funds & and bears all risks

    All equipments / assets become property of NNPC (Govt.) upon

    arrival in Nigeria

    Contractor Pays Royalty Oil

    Recoups Its Operating Cost

    Pays Tax Oil

    Shares Part Of Profit Oil

    There are currently over 60 PSCs, out of which about 6 are onproduction

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Background: Petroleum Contract ArrangementSC

    Service Contracts (SC)

    An Agreement to undertake exploration activities for a fee, either inCash or Kind.

    Main Features Of Service Contract

    Contractor Has No Title To Oil

    Payment For Services In Cash Or Kind

    Only One Block Per Contract

    Agreed Level Of Work Must Be Met To Continue

    Has First Option To Buy Fixed Qty Of Oil

    Agip Energy & Natural Resources (AENR) is Only Service Cont. Coy.

    AENR Operates the Agbara field as a Service Contractor

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Background: Petroleum Contract ArrangementMarginal Fields

    Marginal Fields

    Such fields as the President may from time to time identify as marginalfields (Sec. 17 of First Schedule)

    Specific fields in the JV concession areas are farmed out to themarginal field operators.

    The JV companies who are owners of these marginal fields receive anoverriding royalty in return for allowing the marginal field operatorswork these fields.

    Farm-out of marginal fields is backed by Petroleum Amendment Act

    No. 23, which introduced paragraph 16A into the First Schedule to thePetroleum Act. Under this amendment a farm-out can only bebrought about by the approval of the President under the terms as hemay approve.

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Background: Petroleum Contract ArrangementIndependents

    Independents

    This is a concession type arrangement

    Concession licenses are granted to independents to work the blockson sole risk basis.

    Government derives royalty and taxes only, from these set of investors

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Background: 2009 Lifting by Regimes (Sample)

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Background - JV and PSC Oil & Condensate Production Forecast

    17

    Oil & Cond Forecast

    0

    500

    1,000

    1,500

    2,000

    2,5003,000

    3,500

    4,000

    2008

    2009

    2010

    2011

    2012

    2013

    2014

    2015

    2016

    2017

    2018

    2019

    2020

    BOPD

    Base Production Dev Drilling & Work over Ongoing Oil ProjectsNew Oil Projects Ongoing Gas Projects New Gas ProjectsUnconstrained PSC

    Deepwater PSC Production

    JV & Deepwater productionare on track to achieve GDPgrowth target by 2011

    JV Production will reach 2.5MMBOPD by 2011.

    GDP growth aspiration

    expects JV oil prod (incl. float)of 2.6 MMBOPD by 2011

    JV Production will only beattained with sustainedinvestment at the levelsshown in the previous slide

    Any JV production gap due to

    lack of required investmentcould be partially filled bydeepwater production;however, this will not deliverthe expected revenues, asthe government take is muchless in the deepwater PSCs.

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Background - JV and PSC Oil & Condensate Production Forecast (2)

    ALL FIGURES IN THOUSAND BARRELS OF OIL PER DAY (MBOPD) 2009 2010 2011 2012

    Joint Ventures (JVs) 1,297 1,392 1,470 1,578

    Production Sharing Contracts (PSCs)773

    800 824 1,012

    Service Contracts (SCs)8 7 5

    Total 2,070 2,200 2,300 2,596

    18

    1297 1392 1470 1578

    773 800824

    1012- 8

    75

    0

    500

    1000

    1500

    2000

    2500

    3000

    2009 2010 2011 2012

    JVs PSCs SCs

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:2010 Crude Oil & Condensate Production Forecast by BusinessArrangement

    20

    Business Arrangement

    Production inThousands Barrels

    Per Day

    Joint ventures 1050

    Alternative Funding 342

    Production Sharing Contracts 800Service Contracts 8

    Total Production 2,200

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:BackgroundFederation Account Revenue Flows

    2010 Approved Oil and Gas Fiscal Assumptions

    Crude Oil & Condensate Production2.2 mbp

    Natural Gas Production

    Oil Price Joint Venture Cash Calls

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Background Government Revenue Sources

    NNPC -NAPIMS

    JOINT VENTURES (6)

    FRONTIER EXPL.SERVICES (FES)

    NNPC/SHELL/ELF/AGIP (55%)NNPC/MOBIL (60%)

    NNPC/CHEVRON (60%)

    NNPC/AGIP/PHILIPS (60%)

    NNPC/ELF (60%)

    NNPC/PAN OCEAN (60%)

    PSC COMPANIES

    1. ADDAX PET. DEV. CO. LTD

    2. ADDAX PET. EXPL. LTD.3. ADDAX OIL & GAS NIG LTD

    4. CHEVRON STARDEEP

    5. CONOCO

    6. ELF

    7. TEXACO NIG OUTER SHELF

    8. SHELL NIG. EXPL

    9. STATOIL

    10 . ESSO OPL 214

    11. ESSO OPL 209

    12. NAE

    13. NAE/NPDC

    14. NAOC

    15. PETROBRAS

    16. PHILLIPS

    17.. ORANTO

    18. OCEAN ENERGY

    PRODUCTION SHARING CONTRACTS (PSC))

    Over 50 blocks distributed among these coys

    SERVICE CONTRACT (SC) (1) (AENR)

    GOVERNED BY

    JOA

    GOVERNED BY

    PSC

    PSC COYS

    Contd

    19.TOTALUPSTREAM

    20.BRITISH

    GAS

    21.CONOIL

    22.CENTRICA

    23.KNOC

    24.OANDO

    25.CNODC

    26.CNPC

    27. STERLINGGLOBAL

    28.STERLING

    EXP.

    29.NNDC

    30 OMEL

    31.GAS

    TRANSMISSION32. AENR (SC)

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Background - Comparative Revenue Flow to Federation Accountfrom JVs & PSCs

    23

    1. Shortfall in JV production due to lack offunding may be be filled by PSCproduction

    2. However, PSC volumes will deliver onlyabout half of JV revenues togovernment due to the followingreasons:

    Fiscal terms for the deepwater PSCs(especially the 1993 PSCs) from wherethe bulk of the deepwater productionwill come from are not as favourable togovernment

    Costs are significantly higher in thedeepwater terrain compared to theconventional JV terrains

    3. At a technical cost of $10.25/bbl andcrude oil price of $50/bbl GovernmentTake in the JVs is about 70% of totalrevenues compared to 37% in thedeepwater

    4. Consequently, government interest isbetter served if the JVs are adequatelyfunded for incremental volumes.

    Royalty, 9.25

    PPT, 25.56

    Cost Recovery,

    10.25

    Operator margin,

    4.94

    Royalty, 2.50

    PPT, 16.50

    Cost Recovery,10.25

    Operator margin,

    20.75

    JV Oil PSC Oil

    GovtTake(GT)70%o

    fto

    tal

    revenues

    $50/bblCrudeOilPrice

    GT

    37%o

    ftotal

    revenues

    Royalty, 9.25

    PPT, 25.56

    Cost Recovery,

    10.25

    Operator margin,

    4.94

    Royalty, 1.0

    PPT, 17.25

    Cost Recovery,10.25

    Operator margin,

    21.50

    JV Oil PSC Oil

    GovtTake(GT)70%o

    fto

    tal

    revenues

    $50/bblCrudeOilPrice

    GTrevenues

    Data Set:

    Well Cost $MM 100IDC % 80.0%TWI % 20.0%Facilities Cost $MM 150Operating Cost $MM 160Sales volume MMBbls 40Crude Oil Price $/bbl 50

    JV 93 PSCPPT Rate 85.0% 50.0%Average Royalty Rate 18.5% 2.0%Invest Tax Allowance (ITA) 10.0% NA

    Invest Tax Credit (ITC) NA 50.0%

    Update TechnicalCosts!!!

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    Role of NNPC In Nigerias CrudeOil/Gas Production & Accounting

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Presentation Outline

    1. BackgroundNigerian Oil & Gas Fiscal Arrangement andSystems

    Type of arrangementsJVs, PSCs, SCs & Independents

    Production Contribution and trend

    Contribution to Government Revenue

    2. Role of NNPC In Nigerias Crude Oil/Gas Production &Accounting

    Production Quota Allocation & Fiscal Price determination

    Monitoring Oil & Gas Production and Cost

    Oil & Gas Sales Revenue and Accounting

    3. Factors influencing Government Share of Oil & Gas Revenue

    Applicable Fiscal System

    Production Costs

    Oil & Gas Price

    Business Environment - Security25

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Presentation Outline (2)

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    4. Joint Venture Cash Call Funding Mechanism & Implication onGovernment Oil Revenues

    Cash Call Funding Process

    Implication of Cash Call Funding On Government Revenues

    Alternative to Cash Call Funding

    5. Issues, Challenges and Proposed Solutions

    Funding

    Managing Cost

    Fiscal (AGFA)

    Acreage Management System Institutional Framework

    Downstream Subsidy

    6. Conclusions

    ON

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Production Quota Allocation & Fiscal Price Determination

    COMD & GFAD Input

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    IONA

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Monitoring Oil & Gas Production and Cost

    COMD & GFAD Input

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    TIONA

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    JV Operations : Governance

    29

    J

    O

    A

    DEFINES PARTICIPATINGINTERESTS AND

    RESPONSIBILITIES

    SETS OUT OPERATINGPROCEDURES

    IncludingFunding Process

    Format & frequency of ReturnsAccounting Policies & Procedures

    TIONAL

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Monitoring Oil & Gas Production and Cost - JV

    Operators are required to conduct operations in accordance with

    good industry practice (JOA Section 2.2.1)

    Governance

    OPCOM is the highest operational decision making body;

    TECOM reviews sub-committee report and makes recommendation

    to OPCOM (JOA Art 3.1)

    Technical Subcommittees serve as the initial point of contact

    between \NNPC and the operators for budget and performance

    review and makes recommendation to TECOM

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    TIONAL

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Monitoring Oil & Gas Production and CostJV (2)

    Operator required to make full and frank disclosure of operation

    (JOA Art. 2.2.3)

    Specific approvals are required from non-operator

    Uniform accounting procedure establishes formats for reporting

    costs (OPEX & CAPEX)

    Uniform Project Implementation Procedure: Sets out guidelines for

    initiating, contracting and executing project.

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    ATIONAL

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Monitoring Oil & Gas Production and CostJV (3)

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    OPCOM / MACOM

    TECOM

    PED FACILITIES EXPLORATION GAS MMD

    FINANCE/PLANNING& HUMAN RESOURCES COMMUNITY

    RELATIONSENVIRONMENT &

    SAFETY

    SU OMMITTEES

    OPCOM Operating CommitteeMACOM Management CommitteeTECOM Technical Committee

    ATIONAL

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Monitoring Oil & Gas Production and CostJV (4)

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    OPERATORS WORK-PROGRAMME & BUDGET

    OBLIGATION AS DEFINED BY JOA

    ARTICLE 2 OF JOA PROVIDES THAT:(i) OPERATOR SHALL DEVELOP & SUBMIT PROPOSED

    WORK-PROGRAMME & BUDGET TO CHAIRMAN OF OPCOM,

    (ii) PARTIES MUST MEET TO DELIBERATE ON SUBMISSIONS WHICH CAN

    ONLY BE APPROVED BY OPCOM ,

    (iii) OPERATOR MAY NOT DEVIATE FROM APPROVED WORK

    PROGRAMME & BUDGET EXCEPT IN CASE OF EMERGENCY,

    OR IF MODIFIED BY OPCOM.

    ATIONAL

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Monitoring Oil & Gas Production and CostPSC

    Funding of work programme & petroleum operations

    Specifies minimum expenditure during the exploration period.

    Requires contractor to submit a performance bond to cover amountagreed as minimum financial commitment for the phases of

    exploration period. Additionally contractor provides necessary funds for payments of

    operating costs.

    Contractor permitted to finance petroleum operations from externalsources.

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    NATIONAL

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Monitoring Oil & Gas Production and CostPSC (2)

    Review and approve annual work programme & budget andreported performance.

    Review contracts in excess of contractors limit of authority(>$250,000 or N10 million).

    Review project costs by project cost control teams

    Carry out annual cost verification exercise.

    Verify crude oil allocation for payment of Royalty, Cost Oil, PPT &Profit through Cost Recovery committee.

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    NATIONAL

    P

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Monitoring Oil & Gas Production and CostPSC (3)

    Project Monitoring / Audit

    NAPIMS nominate a multidiscipline project monitoring team for allmajor development projects to work with the operator projectteams in a task force in order to ensure:

    Cost effectiveness in project execution

    Enhancement of Local content

    Project controls and timely delivery

    Compliance with due process

    NAPIMS also constitute a separate multi - discipline Audit team tocarry out periodic audit of all major projects in order to:

    Verify expenditure and system of internal control

    Generate an asset register

    Create data bank for bench marking and cost estimation36

    NATIONAL

    P

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Monitoring Oil & Gas Production and CostPSC (4)

    Value for Money Audit

    Periodically NNPC commissions consultants / firms of charteredaccountants to carry out value for money audit of the JVoperating companies in order to advise on:

    Compliance with the operating agreements (JOA).

    System weakness if any and recommendations to correct them.

    Performance Measurement, Benchmarking and Value Analysis.

    JV Upstream Monitoring

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Monitoring Oil & Gas Production and Cost - Trial Marketing Period

    Valuation of Available Crude On the attainment of commercial production Each party determines the assay of the new crude Quality - yield values from refinery modeling Engages in Trial Marketing Period (TMP) of 6 months or 10 lifting whichever is longer to establish

    crude commercial price Shares the market so that each party markets approximately an equal amount of the new

    crude oil Pays proceeds from lifting into Escrow Account

    Exchanges information regarding the marketing of the new crudesales price and terms ofeach lifting

    Reconciles the TMP within 90 of expirationdistribute proceeds with accrued interest to fiscalpots

    Migrates into monthly nomination and lifting programming Agrees on allocation priorities

    JVEquity share volume

    PSC, SC Royalty Oil Cost Oil Tax Oil NNPC Profit Oil Contractor(s) Profit Oil

    Equity Share, Royalty Oil, Tax Oil and NNPC Profit Oil to Federation Accounts

    Cost Oil and Contractor(s) Profit Oil to Contractors Accounts

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Monitoring Oil & Gas Production and Cost - Lifting Programme

    Each Lifters share in the Production determines its lifting entitlement (JV, PSC, SC,PSA)

    Written statements are issued by each party to the operator at least 25 days inadvance on the nomination(s)

    Operator endeavours to make volume available based on

    Technical allowable production and commercial production quota

    Credit/debits accruing after reconciliation with actual production

    Normal operational carry forward

    An agreeable Lifting programme is prepared by the Operator on the basis of eachLifters entitlement and the technical conditions of the Terminal

    Principles

    Right and obligation to lift allocated cargoes Over-lifting/under-lifting rules

    Priority is given to the lifter having the highest entitlement

    Operator has the right to modify the lifting programme if operational constraints atthe terminal so required

    Curtailment meetings holds between Operators/Contractors and NNPC onproduction and lifting every month

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    ON

    40

    EASTERN OPERATIONAL BASE ODUDU (AMENAM) - EPNL ANTAN - ADDAX BONNY - SPDC BONNY RIVER - MOBIL

    QUA IBOE - MOBIL BRASS - NAOC YOHO - MOBIL OKWORI - ADDAX OKONONPDC/AGIP ENERGY

    IMA - AMNI

    WESTERN OPERATIONAL BASE ESCRAVOS - CHEVRON PENNINGTON - CHEVRON SEA EAGLE (EA) - SPDC ABONAE

    FORCADOSSPDC OBECAVENDISH UKPOKITIEXPRESS/ATLAS

    LAGOS OPERATIONAL BASE

    BONGASNEPCO ERHAMOBIL (ESSO) AGBAMICNL AKPO - TOTAL

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Monitoring Oil & Gas Production and Cost - Oil Terminal Locations

    CRUDE AVAILABILITY AT TERMINALS CONFIRMED THROUGH DAILY

    REPORTS, FIELD REPS AND CURTAILMENT MEETINGS

    NATIONAL PE

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    NA PETRO

    LEUM

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    ON

    JVPRODUCTION

    IOC

    APPXM. 42%

    NNPCAPPXM. 58%

    Recovers Costs

    Pays Royalty @19%to Govt.

    Pays Taxes @85% oftaxable income

    to Govt.

    Keeps Profit

    Deducts Costs(JV Cash call)

    * Surplus swept into

    Fed. Account

    Federation AccountReceipts

    * Surplus swept into Federation Account from NNPC equity is made up of Royalty, Taxes & NNPC net Profit

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:NNPCs Role in Oil & Gas Sales Revenue & Accounting - JVs

    41

    NATIONAL PE

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    ON

    42

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:NNPCs Role in Oil & Gas Sales Revenue & Accounting - PSCs

    GOVT. OF NIGERIA

    NATIONAL PE

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    LEUM

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    ON

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:NNPCs Role in Oil & Gas Sales Revenue & Accounting Accountingfor Federation Crude Oil & Gas Revenue

    JV MISC.

    INCOME

    CRUDE OILEXPORTS

    LPG GASEXPORTS

    NLNGFEEDSTOCKS

    NNPC DOM.

    CRUDE

    FEDERATIONACCOUNT

    JV CASH CALLSACCOUNTCBN/NNPC CRUDE OIL & GAS

    US$ REVENUE ACCOUNTHELD WITH

    JP MORGAN CHASE BANK,NEW YORK

    CBN NNPC CRUDE OIL & GASNAIRA REVENUE ACCOUNT

    HELD WITH THE CBN

    SPDC JV

    MPN JVCNL JVNAOC JVTEPNG JVPAN-OCEAN JV

    NGC LOCALGAS SALES

    SOURCES CUSTODY OF FUNDS DISBURSEMENTS

    NATIONAL PE

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    ON

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:NNPCs Role in Oil & Gas Sales Revenue & Accounting - Sources ofRevenue from Oil & Gas Sector

    44

    NNPCEXPORT SALES

    J.V.s PPTROYALTIES

    PPT

    ROYALTIESPPT, PROFIT OIL

    ROYALTIES

    INDEPENDENTS

    PSC & SC

    DOMESTIC CRUDE

    DPRFEES, RENTALS

    PENALTIES, BONUSES

    ORGANIZATIONS

    VAT, DUTIES

    FEDERAL GOVT.

    STATE GOVTS.

    LOCAL GOVTS.

    OIL & GAS

    Revenue sources largely depends on the contractual and fiscal frameworks ofexploration and production activities of the oil and gas business

    NATIONAL PE

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    ON

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:NNPCs Role in Oil & Gas Sales Revenue & Accounting - Paymentsinto Agencies/Federation Accounts

    45

    RoyaltiesMCA

    PSC

    DPRDesignated

    Account

    Taxes MCAPSC

    FIRSDesignated

    Account

    Equity Crude JV

    ConsolidatedCrude Oil

    RevenueAccount

    DomesticCrude

    445 Kb/dAllocated

    NNPC

    NNPC PaysNaira Value

    to FederationAccount

    Credit Periods

    NNPCDomestic Crude 90 Days

    Bilateral 30days

    InternationalTraders 30days

    NNA

    TIONAL PET

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    ON

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:NNPCs Role in Oil & Gas Sales Revenue & Accounting EntitlementsDetermination & Lifting

    46

    Profit Oil

    Tax Oil

    Profit Oil

    Share OilLifted by NNPCFed Account

    JV Oil/GasProduced

    PSC OilProduced

    SC OilProduced

    Carry Oil/GasProduced

    Modified CarryOil/

    Gas Produced

    NNPC Equity

    Total Prod

    NNPC Equity

    Total Prod

    VolumeOil/Gas Price

    Stock BalanceAvailable volumeOil/Gas PriceExpense CostAmortisable Cost

    NNPC Equity

    Stock BalanceAvailable VolumeOil/Gas PriceExpensed CostAmortised Cost

    Stock BalanceAvailable VolumeOil/Gas PriceExpensed CostAmortised Cost

    Cost Oil

    Royalty Oil

    Carry Oil

    Share Oil

    Carry Oil

    Share Oil

    Share Oil

    Lifted by ContractorContractor Account

    Lifted by NNPC

    Fed Account

    Lifted by NNPC

    DPR - Fed Account

    FIRS - Fed Account

    Fed Account

    Lifted by ContractorContractor Account

    Lifted by NNPCCash to ContractorRoy PPT to Fed Acc

    Lifted by NNPCFed Account

    NNA

    TIONAL PET

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    ON

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:NNPCs Role in Oil & Gas Sales Revenue & Accounting -Management of Government Interest

    09/08/1147

    Internal & External AuditingReconciliation

    Entitlement Estimation Lifting Programming Marketing & Sales

    Revenue

    Tech. Allowable - DPRMonthly Production Comml

    Crude PriceCost dataLifting entitlements

    JV Oil/Condensate/Gas (Equity)PSC Oil/Condensate (Roy, Tax, Profit)MCA Crude (Carry Oil/Gas & Share Oil/Gas)Cargo NominationsLifting Advice & Shipping Documents

    Term ContractsLetter of CreditShipping DocumentsMonthly Lifting & Sales ProfilePricing & Valuation

    Shipping Documents

    Pricing & ValuationLifting & Sales ProfileCBN Account StatementsOffshore Bank StatementsFAAC / Other Financial Reports

    Shipping Documents

    Financial ReportsLifting ContractsBank StatementsMonthly Lifting & Sales Profile

    DPR, FIRS, NAPIMS, NEITI,FAAC, FMF, RMAFC, OAGF,etc

    NNA

    TIONAL PET

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Processes and Controls

    48

    Investment in Assets through JVCC or other sources of financing dependingon the Operating and Financing Agreement

    Crude Oil and Gas are produced and lifted based on Fiscal Arrangementin place

    NNPC lifts share of Federation crude.

    All Crude Oil & Gas Sales Contracts are secured by IRREVOCABLE LETTERSOF CREDIT from first class International Banks

    LC Bank remits payment for Crude Oil & Gas liftings on behalf of their Customers into CBN/NNPC CRUDE OIL & GAS REVENUE ACCOUNT with JPMorgan Chase Bank, New York maintained and controlled by the CBN

    Proceeds of Domestic Crude sold to NNPC and other Naira proceeds arereceipted into the CRUDE OIL & GAS REVENUE NAIRA ACCOUNT held withthe CBN

    NNA

    TIONAL PET

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Processes and Controls (2)

    Only JV Cash Call payments are made out of the Oil and Gas Accountsand these are strictly in accordance with the JV Budget as appropriatedby the National Assembly. Every payment requires the approval of theGMD, NNPC.

    All other Funds in the Oil & Gas Naira and Dollar Accounts are transferred

    to the Federation Account

    The Accounts are reconciled between NNPC & CBN on a monthly basis

    Similar Reconciliation is carried out between NNPC & OAGF on monthlybasis; before each FAAC

    A separate statutory Audited Financial Statement is prepared andsubmitted to the Auditor General for the Federation, FGN and theNational Assembly.

    The office of the Auditor General in carrying out their statutory duty auditsthe Federation Account and by extension, the O&G Accounts as well as

    the JVCC Accounts49

    NNATIONAL PET

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Processes and Controls (3)

    Monthly profile of Crude Oil and Gas Sales are received from COMD Actual receipts are verified in the NNPC/CBN Crude Oil and Gas

    Accounts

    Review calendarized monthly Cash Call requirement

    Recommend Cash Call amount to be deducted to the AGF and the

    HMSF and obtain alignment. Obtain the GMDs approval.

    Prepare mandates to CBN for transfers to the Federation and the JVCash Call Accounts with CBN

    Clarify Components of NNPCs Notional Monthly Contribution to

    Federation Account: Royalty from JV Oil and Gas

    PPT from JV Oil and Gas

    JV After Tax Profit Oil and Gas

    PSC After Tax Profit Oil and Gas

    50

    NNATIONAL PET

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    ON

    Joint Venture Cash Call FundingMechanism & Implication onGovernment Oil Revenues

    51

    NNATIONAL PETR

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    ON

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Presentation Outline

    1. BackgroundNigerian Oil & Gas Fiscal Arrangement andSystems

    Type of arrangementsJVs, PSCs, SCs & Independents

    Production Contribution and trend

    Contribution to Government Revenue

    2. Role of NNPC In Nigerias Crude Oil/Gas Production &Accounting

    Production Quota Allocation & Fiscal Price determination

    Monitoring Oil & Gas Production and Cost

    Oil & Gas Sales Revenue and Accounting

    3. Joint Venture Cash Call Funding Mechanism & Implication onGovernment Oil Revenues

    Cash Call Funding Process

    Implication of Cash Call Funding On Government Revenues

    Alternative to Cash Call Funding52

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Presentation Outline (2)

    53

    4. Factors influencing Government Share of Oil & Gas Revenue Applicable Fiscal System

    Production Costs

    Oil & Gas Price

    Business Environment - Security

    5. Issues, Challenges and Proposed Solutions

    Funding

    Managing Cost

    Fiscal (AGFA)

    Acreage Management System

    Institutional Framework

    Downstream Subsidy

    6. Conclusions

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Cash Call Process

    Cash Call

    A monthly request by an Operator to other partners in their respectiveparticipating interests for advance payment to meet anticipatedcosts and expenditures in the Cash Call month

    Based on Annual Budget appropriated by the National Assembly

    Made in the currency stipulated in the Joint Operating Agreement(Naira and Dollar)

    54

    AN

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    JV Work Program & Budget Process

    55

    JVC

    NAPIMS

    WORK PROG/

    BUDGETS

    SUB-COM

    TECOM

    JOINTLY

    RECOMMEND TO

    OPCOM

    RECOMMENDS TO

    NNPCCORPORATE

    GOVT (FMF)

    NATIONALASSEMBLY

    PRESIDENCY

    APPRVD DISTR.BUDGET

    AN

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    ON

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Alternatives to Cash Call Funding

    Alternative Funding

    Carry Agreements

    Modified Carry Agreements (MCAs)

    IOC Bridge/Term Loans 3rd Party Debt Finance

    56

    AN

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Alternatives to Cash Call Funding

    The Carry Agreements had been the most common form of AlternativeFunding. The 1st was entered into with SPDC in 1999 called the EA andwas followed by Amenam Kpono (AK I) with Total and later with Mobiland Chevron

    Modified Carry Agreements (MCAs) was a very recent phenomenonhaving came into being only in 2008. The MCA was designed to correctsome defects associated with the traditional Carry Agreements andprovide funding for unpaid performances of prior years

    3rd Party Debt Financing option was also introduced in the late 1999s tofund certain projects with robust cash flow for which equity fundingthrough JVCC was not available. Four projects all under the NNPC/MPN

    JV have been funded under this arrangement: NGL I, NGL II, SatelliteFields Phase I. NGL I loan has been fully repaid and all its cash flows go tothe Federation Account

    IOC Bridge/Term Loan was negotiated with Shell to pay for unpaidperformance of years prior to 2008 most of which relate AFAM

    NNPC/SPDC JV IPP.57

    AN

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Impact of Financing Arrangement on Revenues to Federation Account

    58

    Attribute Debt Equity

    CapitalCosts

    Normally funded 100% by Bankloan

    Funded through JV Cash Call

    OperatingCosts

    Funded through JV Cash Call Funded through JV Cash Call

    Production/Lifting

    Ring fenced to pay principaland interest first beforedistribution to sponsors.Therefore less funds will beavailable to Federation

    Account in the early years

    100% flows into FederationAccount

    FinancingCosts

    Can be high due to interest andfees

    No additional costs other thanthe opportunity cost of capital

    Covenants Can be restrictive, onerous andburdensome

    No restrictions

    AN

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Impact of Financing Arrangement on Revenues to Federation Account

    59

    Attribute JV PSC

    Royalty Rate 18.5% 1.75%

    PPT Rate 85% 50%

    Profit SharingRate

    Equity Interest in JV: Ave 57%across the 6 JVs

    Graduated beginning at 20%in the early years

    Cost

    RecoveryRate

    Normal Accelerated as Contractors

    primary goal is to recover allcosts as quickly as possible

    AN

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    ON

    Factors influencing Government Shareof Oil & Gas Revenue

    60

    IAN

    NATIONAL PETRO

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    NIGER

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    RO

    LEUM

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    ON

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Presentation Outline

    1. BackgroundNigerian Oil & Gas Fiscal Arrangement andSystems

    Type of arrangementsJVs, PSCs, SCs & Independents

    Production Contribution and trend

    Contribution to Government Revenue

    2. Role of NNPC In Nigerias Crude Oil/Gas Production &Accounting

    Production Quota Allocation & Fiscal Price determination

    Monitoring Oil & Gas Production and Cost

    Oil & Gas Sales Revenue and Accounting

    3. Joint Venture Cash Call Funding Mechanism & Implication onGovernment Oil Revenues

    Cash Call Funding Process

    Implication of Cash Call Funding On Government Revenues

    Alternative to Cash Call Funding61

    IAN

    NATIONAL PETRO

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    ON

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Presentation Outline (2)

    62

    4. Factors Influencing Government Share of Oil & Gas Revenue Applicable Fiscal System

    Production Costs

    Oil & Gas Price

    Business Environment - Security

    5. Issues, Challenges and Proposed Solutions

    Funding

    Managing Cost

    Fiscal (AGFA)

    Acreage Management System

    Institutional Framework

    Downstream Subsidy

    6. Conclusions

    IAN

    NATIONAL PETRO

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Comparative Revenue Flow from JV & PSC Fiscal Regime Comparison -Fiscal Assumptions

    PPT Assumptions PIB Assumptions

    Item (/ bbl) JV PSC

    Opex ($/bbl) 6.52 8.15

    Capex ($/bbl) 6.12 13.36

    PPT 85% 50%

    Education Tax 2%

    NDDC Levy 3%

    Royalty 5%

    ITA 15% NA

    ITC NA 50%

    Item (/ bbl) JV PSC

    Opex ($/bbl) 6.52 8.15

    Capex ($/bbl) 6.12 13.36

    NHT 50% 30%

    CITA 30%

    Education Tax 2%

    NDDC Levy 3%

    Royalty (Tranche Based) 5%

    Overseas Cost Limit 80%

    IAN

    NATIONAL PETRO

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    ON

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Comparative Revenue Flow from JV & PSC Fiscal Regime Comparison(PPT Case @ $50/ bbl Oil Price)

    PPT Computations ($/ bbl) PPT Computations (%)

    RI

    AN

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Comparative Revenue Flow from JV & PSC Fiscal Regime Comparison(PIB Case @ $50/ bbl Oil Price)

    PIB Computations ($/ bbl PIB Computations (%)

    RIAN

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    JV Funding Requirements

    66

    Production shut-in

    mainly from militancyactivities

    Higher

    investmentsrequired to bring

    back and

    eventually grow

    production

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Implication of Crude Production Decline

    67

    Revenues Implication of continuedProduction Decline

    Crude Price Forecast 2007 & Beyond - $60/bbl

    RIAN

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Joint VentureFederation Account Revenue Flows

    68

    Crude Price $/bbl 45.00 100.00

    Technical Cost $/bbl 22.32 22.32

    Gross JV Volumes MMBOPD 1,402 1,402

    NNPC Equity % 58% 58%IOC Equity % 42% 42%

    Govt. Revenue from IOC Equity barrelsIOC Revenue $MM 9,672 21,493Roy @18.67% $MM 1,806 4,013IOC cost recovery $MM 4,797 4,797

    IOC Taxable Income $MM 3,069 12,683IOC PPT payment $MM 2,609 10,780

    Govt. Rev. From IOC Equity Volumes (Roy + PPT) $MM 4,414 14,793

    Govt. Revenue from NNPC Equity barrelsNNPC Revenue $MM 13,356 29,680NNPC cost recovery $MM 6,625 6,625

    Govt. Rev. from NNPC Equity Volumes (Rev - cost) $MM 6,732 23,056

    Total Govt Rev from JV Petroleum Operations $MM 11,146 37,849

    Impact of declining Prices on Government Revenues - JV

    RIAN

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    PSCFederation Account Revenue Flows

    69

    Crude Price $/bbl 45.00 100.00

    Technical Cost $/bbl 25.23 25.23

    Gross JV Volumes MMBOPD 760 760

    NNPC Profit Oil Share % 20% 20%

    IOC Profit Oil Share % 80% 80%

    Govt. Revenue from Taxes & RoyaltyGross revenues $MM 12,483 27,740Roy @2.76% $MM 345 766Cost recovery $MM 6,999 6,999

    Taxable Income $MM 5,140 19,976PPT payment @50% $MM 2,570 9,988

    Govt. Royalty & Taxes $MM 2,914 10,753

    Govt. Revenue from NNPC Profit OilProfit oil available for allocation $MM 2,570 9,988NNPC share of profit oil @20% $MM 514 1,998

    Total Govt Rev from PSC Petroleum Operations $MM 3,428 12,751

    Impact of declining Prices on Government Revenues - PSC

    RIAN

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    BackgroundGovernment Revenue Sources

    Main source of Government revenues in the petroleum sector isthrough the imposition of royalties & taxes on petroleumoperations

    Government derives additional revenue over and aboveimposition of taxes & royalties, however, this is dependent on thecontractual arrangement with other investor:

    Joint Venture All of NNPCs equity revenues less cost sweptinto Federation Account

    PSC - All of NNPCs Profit oil share swept into Federation

    Account

    70

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    The Petroleum Industry Bill - General Objectives of PIB

    Establish clear and enduring good governance principles in the Nigerianoil & gas industry.

    The need to remove obsolescence and outdated provisions in ourcurrent laws

    Encourage alignment with international best practice

    Remove opaqueness and lack of transparency in the current statues

    Establish fiscal provisions that are flexible, encourages investment whileguaranteeing optimal take for Government.

    Strengthens tax administration with requisite powers and rules for theeffective management of the industry.

    Establish clear principles for the working of the Incorporated JointVentures (IJVs).

    Support domestic gas utilization through National Gas Master Plan

    Proper alignment of the roles and functions of the institutions.

    RIAN

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Factors Impacting Government Revenue Outside Crude Oil Price

    72

    Niger Delta Related Non-Niger Delta Related Fiscal Regimes applicable to the various oil

    contract typesGas cost accounts forbetween 40% & 43% of total CAPEX,recovered from oil tax revenues via AGFA

    Under funding of Joint Venture Operationsover a long period of time

    Increase in cost of materials & services asa result of increasing crude oil prices.

    Aging facilities with attendant increase inmaintenance cost

    Matured reservoirs leading to high naturaldecline rates

    More investments required for infillopportunities and integrity / productionsustenance

    Need for more exploration to find andreplace reserves.

    Non competitive price fixing behaviours inthe contracting environmentlimitednumber of service contractors.

    Production deferment due to securitysituation in the Niger Delta, includingdeferred production due to scheduledelays on projects

    Oil theft and losses arising from thesabotage of oil facilities

    Cost of environmental clean up following

    sabotage.

    Projects become even more expensiveafter security incidents

    Cost of repairing or replacing damagedfacilities as a result of militancy activities

    for example cost of replacing damagedfacilities has $1.26 million in 1999 to almost$400 million in 2008 in the SPDC JV

    Additional cost premium as a result ofNiger Delta Security situation:

    ER

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Impact of Niger Delta Security - SPDC Hot Spots (Eastern Operations)

    73

    Port Harcourt Kidnapping at least 79 Nigerianand 8 Expats since 01 Jan 08. Armed robbery common Violent crime frequent

    Rumuekpe Area Community based groups vying forpower Violent clashes during 2008 Two warlords have establishedpresence in this area and at Egbema

    West

    Diebu Creek Militants fighting for control Explosive attacks / vandalism onSPDC ROW

    Cawthorne Channel Militant camps / activity Social fault line between Kalabariand Bonny clans Militant attacks on infrastructure Bunkering

    Alakiri Militant Threat Bunkering

    Bomu/Kdere Ogoni issue Sabotage Bunkering

    Bonny Channel Piracy Militant attacks Kidnapping

    ER

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    ON

    Isoko South Bunkering Community threats and blockades vandalism/sabotage

    Agge / Aghoro Militant presence. Violent attack on SPDC houseboats Community challenges to projectwork

    Odimodi / Ogulagha Inter-communal dispute over HostCommunity Status Community threats and blockades Militant Presence

    74

    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Impact of Niger Delta Security - SPDC Hot Spots (Western Operations)

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Security Situation in the Nigerian Oil and Gas Industry -Re-entry and Restoration of Vandalized Facilities

    75

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    Issues, Challenges and ProposedSolutions

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Presentation Outline

    1. BackgroundNigerian Oil & Gas Fiscal Arrangement andSystems

    Type of arrangementsJVs, PSCs, SCs & Independents

    Production Contribution and trend

    Contribution to Government Revenue

    2. Role of NNPC In Nigerias Crude Oil/Gas Production &Accounting

    Production Quota Allocation & Fiscal Price determination

    Monitoring Oil & Gas Production and Cost

    Oil & Gas Sales Revenue and Accounting

    3. Joint Venture Cash Call Funding Mechanism & Implication onGovernment Oil Revenues

    Cash Call Funding Process

    Implication of Cash Call Funding On Government Revenues

    Alternative to Cash Call Funding77

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Total JVBudget Evolution

    79

    Joint Venture Operations

    Industry Budget has increased from about $6.0 billion in 2002 to nearly $18.0

    billion projected for 2010.

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Deployment of Government US$5.0 Billion Equity Funds

    80

    Government share of operating cost,exploration expenses, productionoperations sustenance, and assetrestoration costs for 2010 is about US$4.9billion.

    Operating cost is about 8590% fixedas a result of industry structure.

    Also at this time industry is poised togrow, to be driven by projects to beexecuted through MCAs. Growth incapital expenditure results in increase inoperating costs.

    Cost captured here excludes provision

    for NAPIMS overhead, Exploration in theFrontier Basins, and Provision for securityrelated operations in the Niger Delta,amounting to almost US$0.6 billion.

    All of the cost described above arebetter funded through equity.

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION:Objective: Create JVs That are Value Creating

    The PIB requires the creation of Incorporated Joint Venture Companies.These companies will substitute the current unincorporated joint ventures.

    The reason is that this will make financing of ongoing operations and thedevelopment of new oil and gas fields easier to achieve and willtherefore permit an acceleration of petroleum activities.

    It should be noted that the IJVs will pay a government take on existingproduction in onshore and shallow water equal to almost 90% in terms ofroyalties and taxes and therefore there will be no loss of revenues as aresult of the creation of the IJVs.

    IJVs will not be subject to the provision of the Fiscal Responsibility Act and

    the Public Procurement Act.

    Board decisions must be made based on international best practice.

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    Nigeria has the Least Government Take !

    PSC Economics Review: Comparison of Global PSC Fiscal Regimes($60/bbl)

    84

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Issues & Challenges of PSCs

    Contract clarity & Conflict with legislations

    Interpretation Disputes between Govt. & IOCs

    Divergent entitlement claims

    Rising Production with declining Government take

    Potential Zero Government take

    High Technical Cost

    Weak accounting procedures

    Stability clauses

    85

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Part III: Upstream Petroleum - Regular Acreage Management

    The Government Memorandum proposes to establish the internationalconcept of drill or drop. This means a company is required to carry outan intensive work program on the acreage that is being granted. It thecompany does not want to carry out further work, a part of the acreageor all the acreage needs to be returned to the Federal Government. Theacreage management provisions consist in particular of:

    National grid system :

    An orderly national grid system is proposed. This permits the granting and

    relinquishment of acreage based on specific 1 by 1 square km parcels.

    PPL Acreage relinquishment provisions:

    50% based on parcels after initial exploration period

    all acreage after renewal, except for

    appraisal areas and significant gas discovery areas, which need to be

    relinquished after certain period if no declaration of a commercial discovery is

    made.

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    PROCESSING & MONITORING OF OIL/GAS PRODUCTION

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Part III: Upstream Petroleum - Mandatory Acreage Relinquishment

    One of the main bottlenecks to increased activity in Nigeria is lack of newlicense and contract areas. The petroleum prospective part of Nigeria iscovered with existing licenses, leases and contracts. These areas weregranted without implementing strong relinquishment practices.

    As a result, in Nigeria petroleum companies are sitting on acreage.There is no access to acreage for new investors. This harms petroleum

    investment activity. Under the Government Memorandum petroleum companies will have to

    give acreage back from existing oil prospecting licenses and oil miningleases within 2 years after the effective date of the Act. Existingcompanies can keep all areas that are in production or will be appraisedor developed in the near future. Also certain exploration areas can bemaintained based on new work commitments.

    However, the acreage that companies are not using, will have to bereturned to the Government. This may free up probably as much as 30%of the prospective petroleum area of Nigeria for new investors. Inparticular, small Nigerian companies will be offered major new

    opportunities in this regard.

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Part II: Institutions - Regulatory Institutions (1)

    Upstream Sector

    Oil Exploration &Development

    Gas Exploration &Development

    Midstream Sector

    Oil Transportation & GasTransmission

    Gas Processing

    LNG/CNG/GTL

    Derivative

    Processing/Production

    Oil Refining

    Downstream Sector

    Gas Distribution /Sale

    Petroleum productdistribution & Storage

    Petroleum Product Retail

    Technical &CommercialRegulation

    by NPI

    Technical &CommercialRegulationby NAMIRA

    Technical &CommercialRegulationby PPRA

    Upstream Sector

    Oil Exploration &Development

    Gas Exploration &Development

    Downstream:(Midstream)Sector

    Oil Transportation & GasTransmission

    Gas Processing

    LNG/CNG/GTL

    DerivativeProcessing/Production

    Oil Refining

    Downstream Sector

    Petroleum productdistribution & Storage

    Petroleum Product Retail

    TechnicalRegulation

    byInspectorate

    CostControl byNAPIMS

    CommercialRegulation

    by PPPRA

    OLD INSTITUTIONAL FRAMEWORK NEW INSTITUTIONAL FRAMEWORK

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    ONPROCESSING & MONITORING OF OIL/GAS PRODUCTION:

    Objective: Deregulate Petroleum Products Prices

    PROBLEMS Current levels of subsidies for petroleum products are

    unsustainable. Poor infrastructure and low refinery throughputcreate significant bottlenecks in petroleum product supplies.Corruption and smuggling operations are rampant.

    Impediments:

    Regulated prices are a disincentive for private investment.

    Equalisation Fund operations are cumbersome

    Strain on NNPC financial performance No adequate regulatory framework for investors

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    ROCESSING & MONITORING OF OIL/GAS PRODUCTION:Objective: Deregulate Petroleum Product Prices (2)

    SOLUTIONS

    Complete deregulation of the petroleum product sector

    Equalisation Fund will be scrapped.

    Strong midstream regulatory framework will be established with one

    shop stop for certificates for new refineries and terminals and

    open access provisions for bulk plants, product pipelines andterminals.

    Price monitoring will be put in place to avoid misuse of free marketenvironment.

    Private investment framework will be established.

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    LEUMThe Petroleum Industry Bill :

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    ONThe Petroleum Industry Bill :

    Overview of PIB

    The Petroleum Industry Bill contains a number of initiatives:

    It creates a single Act for the entire petroleum industry andrepeals 16 prior Acts, thereby creating transparency

    It strengthens the administration, by creating four well

    financed administrative institutions as follows: Directorate,Inspectorate, Authority and Agency

    It converts NNPC to a self-financing NOC It converts NNPC joint operation agreements to NOC

    incorporated joint ventures

    It creates a new acreage management system in line withinternational best practice

    It requires bid system for all upstream licenses and leases It removes confidentiality on royalty and tax payments It separates oil and gas for Tax purposes.

    NIGER

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    LEUMThe Petroleum Industry Bill:

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    The Petroleum Industry Bill:Key Elements of PIB Fiscal Framework

    Capturing the full gas value chain (upstream, midstream anddownstream) within and without Nigeria

    Developing a fiscal regime for gas that is decoupled from oilthereby creating a level playing field for all investors in gas

    Promoting the effective management of costs across the industry

    and maximising Government take Developing a fiscal system that is responsive to the significant shift

    in energy prices

    Clarifying inconsistencies and/ or conflicts in the application offiscal terms for oil and gas and

    Developing a fiscal rule of general application based on a bodyof fiscal laws rather than incentive letters.

    94

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    The Petroleum Industry Bill :Proposed Fiscal Provisions in the PIBOverview

    Simplification of collection of government revenue Capture of windfall profits

    Encouragement of cost efficient operators

    Development of small oil fields & indigenous

    companies

    Increase of government take from largedeepwater fields

    Enhancement of transparency & accountability

    Many nations have changed Fiscal systems to respond to operational andEconomic realities :UK, Alaska(USA), Venezuela, Russia, Algeria, Alberta, Angolaetc, without recourse to NOC or IOCs

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    Understanding Joint Venture IncorporationJV Today I ti

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    96

    JV Today Incorporation

    Income statement

    Balance sheet

    Income

    Expenses

    Assets Liabilities

    60

    100

    FGN

    X X

    Income statement

    Balance sheet

    Income

    Expenses

    Assets Liabilities

    Oil revenues Gas revenues

    JV OPEX/CAPEX Taxes & Royalties

    Dividends

    JV assets PPE Cash

    Capital

    Debt

    AssetUtilizationDrivesIncome

    Key Messages Incorporation enables NNPC to leverage asset base of JV to finance operations Key difference between incorporation and status-quo is NNPCs ability to raise debt, while

    the government can still maintains same share of ownership in JV via NNPC share.

    RetainedEarnings

    InterestCharge

    Incorpo ration allows NNPC to finance its sh are of JV

    operations through a balance sheet..

    NNPCs only means of financing share of investment is

    from FGN cash calls.

    40

    Chevron

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    JV Incorporation Environment Key Changes

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    97

    JV Incorporation EnvironmentKey Changes

    Before

    NNPC funds share of investments FGN cash call Third Party financing

    After

    Investment

    Revenue NNPC receives share of sales proceedswhich is passed directly to FGN

    Taxes

    Retained earnings

    FGN receives taxes and royalties from JV

    partners only

    Control/Transparency

    There are no retained funds for future, FGNtakes all its proceeds out of organization

    There is no balance sheet, organization

    has no assets or liabilities

    NNPC control is limited to level ofinvestment that is put in.Lack of transparency constrains level ofdecision making

    Removes the need for cash call & annual

    funding strategy One off equity injection JV Inc raises debt financing

    NNPC receives share of revenues afterexpenses & taxes via Dividend

    FGN receives taxes and royalties from

    entire JV Inc ( JV Partner + NNPC )

    JV Inc will retain some portion of earningsto fund future investment. Dependent on dividend policy

    JV Inc will have balance sheet with ownassets & liabilities Balance sheet used to raise finance

    NNPC will exercise greater direct controlvia board & management.Makes operations and financial datatransparent

    Balance Sheet

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    JV Incorporation provides an industry wide solution with

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    98Source: Team analysis

    Increased transparency &accountability will drivedown industry costs andincrease efficiencies

    Increased transparencywill ensure less opex,capex are claimed againstrevenues thus increasingtax revenues.

    In the long-term JV Incswill be able to raise

    increased amounts of debtfinancing, boostinginvestment levels andrelated revenue

    JV Inc is a robust

    industry solution

    Removes the need for cashcall and piecemealfinancing

    Provides a viable andsustainable method forindustry to self-finance

    Can be applied across thewhole sector in a uniformmanner.

    Globally tried & tested Incorporation is the

    dominate model acrossNOCs around the world

    Aligns industry & FGNaspirations

    It also increases net

    proceeds to FGN

    substantial additional benefits to NNPC & Nigeria

    NNPC gets direct accessto expertise and

    operational excellence ofthe worlds top oilcompanies

    NNPC develops skills to bean operator in future or atleast benchmark futureoperator performance

    NNPC can expandinternationally via JV Incs,

    thus sharing internationalrisk with IOCs

    and sets NNPC on the

    road to of being worldclass

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    99

    PSC Production Outlook

    PSC Production / forecast

    0

    200

    400

    600

    800

    1,000

    1,200

    1,400

    2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

    CrudeOilPro

    dMBOPD

    Bonga Main Bonga SW Bonga NW Erha Erha North Agbami Bosi / Bosi Ser 2 Akpo

    Usan Abo Main Abo Extension Agbara OML 123 / 124 Okwori / Nda

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    100

    Oil & Cond Forecast

    0

    500

    1,000

    1,500

    2,0002,500

    3,000

    3,500

    4,000

    200

    8

    200

    9

    201

    0

    201

    1

    201

    2

    201

    3

    201

    4

    201

    5

    201

    6

    201

    7

    201

    8

    201

    9

    202

    0

    BOPD

    Base Production Dev Drilling & Work over Ongoing Oil ProjectsNew Oil Projects Ongoing Gas Projects New Gas ProjectsUnconstrained PSC

    Deepwater PSC Production

    JV & Deepwater productionare on track to achieve GDPgrowth target by 2011

    JV Production will reach 2.5MMBOPD by 2011.

    GDP growth aspirationexpects JV oil prod (incl. float)

    of 2.6 MMBOPD by 2011

    JV Production will only beattained with sustainedinvestment at the levelsshown in the previous slide

    Any JV production gap due tolack of required investment

    could be partially filled bydeepwater production;however, this will not deliverthe expected revenues, asthe government take is muchless in the deepwater PSCs.

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    JV Funding Outlook Gas Production Forecast

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    101

    Gas Production Forecast

    0

    3,000

    6,000

    9,000

    12,000

    15,000

    2008

    2009

    2010

    2011

    2012

    2013

    2014

    2015

    2016

    2017

    2018

    2019

    2020

    MMSCFD

    Base Production Dev Drilling & Work over Ongoing Oil Projects

    New Oil Projects Ongoing Gas Projects New Gas ProjectsUnconstrained PSC

    Even with the investmentlevels outlined in the previousslide, GDP gas aspiration willnot be achieved. 9 BCFD willbe attained by 2011,compared to the expected 14BCFD

    Deepwater PSC gasproduction still low

    Proper definition could unlockadditional gas volumes in duecourse

    Deepwater PSC Production

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    102

    Picture of drilling session showing

    Men and and drill string

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    ONWay Forward

    Niger Delta security situation needs urgent attention toimprove Oil & Gas production and reduce costs

    The Petroleum Industry Bill (PIB) currently before theNational Assembly needs speedy passage to deal with thefiscal and joint venture financing issues affectingGovernment revenues.

    Despite all the security challenges in the Niger Delta there isstill need for greater cost efficiency in the petroleum sector.

    103

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    Thank You