Ecuador Upstream Fiscal and Regulatory Report – Intracampos Round to Test New PSA Terms

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Ecuador has introduced a new oil production-sharing contract for investment in its upstream sector. Following the adoption of the new regime, the government has opened the XII Intracampos Licensing Round in September 2018 to gauge investor appetite for the new terms and in the medium-to-long term is planning to launch four additional rounds, the fourth of which includes gas-prospective offshore acreage. Going forward, the government is also planning to introduce gas-specific legislation in the short term.

“Ecuador Upstream Fiscal and Regulatory Report – Intracampos Round to Test New PSA Terms”, presents the essential information relating to the terms which govern investment into Ecuador’s upstream oil and gas sector. The report sets out in detail the contractual framework under which firms must operate in the industry, clearly defining factors affecting profitability and quantifying the state’s take from hydrocarbon production. Considering political, economic and industry specific variables, the report also analyses future trends for Ecuador’s upstream oil and gas investment climate.

Scope

Overview of current fiscal terms governing upstream oil and gas operations in Ecuador

Assessment of the current fiscal regime’s state take and attractiveness to investors

Charts illustrating the regime structure, and legal and institutional frameworks

Detail on legal framework and governing bodies administering the industry

Levels of upfront payments and taxation applicable to oil and gas production

Information on application of fiscal and regulatory terms to specific licenses

Outlook on future of fiscal and regulatory terms in Ecuador

Reasons to Buy

Understand the complex regulations and contractual requirements applicable to Ecuador’s upstream oil and gas sector

Evaluate factors determining profit levels in the industry

Identify potential regulatory issues facing investors in the country’s upstream sector

Utilize considered insight on future trends to inform decision-making

Table of Contents

1. Table of Contents

1. Table of Contents 1

1.1. List of Tables 3

1.2. List of Figures 3

2. Regime Overview 4

3. State Take Assessment 7

4. Key Fiscal Terms –Production Sharing Agreement 8

4.1. Bonuses and Fees 8

4.1.1. Payment for Use of Water and Natural Materials 8

4.1.2. Contribution for the Development of the National Technical Education and Scholarships 8

4.2. Royalties (Paid out of State Share) 8

4.3. Production Sharing 9

4.3.1. Oriente Crude Reference Price Adjustment 9

4.3.2. Production Volume Adjustment 10

4.3.3. Oil Quality Adjustment 10

4.4. Sovereign Adjustment 11

4.5. Amazon Regional Eco-Development Fund 11

4.6. Additional Tax on Crude Oil Pipeline Transportation – Law 40 11

4.7. Direct Taxation 11

4.7.1. Labor Participation 11

4.7.2. Corporate Income Tax 12

4.7.3. Deductions and Depreciations 12

4.8. Indirect Taxation 13

4.8.1. Value Added Tax 13

4.8.2. Currency Tax 13

4.9. Natural Gas 13

5. Key Fiscal Terms – Service Contracts 14

5.1. Initial Payments Before Remuneration 14

5.1.1. Sovereign Margin/Royalty 14

5.1.2. Amazon Regional Eco-Development Fund 14

5.1.3. Additional Tax on Crude Oil Pipeline Transportation – Law 40 14

5.2. Remuneration 14

5.2.1. Service Contracts with Ministry of Hydrocarbons 14

5.2.2. Specific Service Contracts with NOC 16

5.3. Additional Contributions (Contracts With Ministry Only) 17

5.3.1. Payment for Use of Water and Natural Materials 17

5.3.2. Contribution for Scholarships and Development of the National Technical Education 17

5.3.3. Contribution for Scientific Research 17

5.4. Direct Taxation 17

5.4.1. Labor Participation 17

5.4.2. Corporate Income Tax 17

5.4.3. Deductions and Depreciation 17

5.4.4. Withholding Tax 18

5.5. Indirect Taxation 18

5.5.1. Value Added Tax 18

5.5.2. Import Duties 18

5.6. Natural Gas 18

6. Key Fiscal Terms – NOC Regime 19

6.1.1. Royalty 19

6.1.2. Production Fees 19

6.1.3. Budget Remittance 19

7. Regulation and Licensing 20

7.1. Legal Framework 20

7.1.1. Governing Law 20

7.1.2. Contract Type 21

7.1.3. Title to Hydrocarbons 21

7.2. Institutional Framework 22

7.2.1. Licensing Authority 23

7.2.2. Regulatory Agency 23

7.2.3. National Oil Company 23

7.3. Licensing Process 23

7.3.1. 2018 XII Intracampos Licensing Round 24

7.3.2. Direct Awards 24

7.4. License Terms 24

7.4.1. Duration 24

7.4.2. Work Obligations 25

7.4.3. Domestic Market Obligation 25

7.4.4. Local Content 26

8. Outlook 27

9. Appendix 28

9.1. References 28

9.2. Contact Us 29

9.3. Disclaimer 29

Table

1.1. List of Tables

Table 1:Regime Overview 4

Table 2: Ecuador, Hydrocarbon Law, Production Volume Royalty Rates 8

Table 3: Ecuador, XII Ronda Petrolera Intracampos, Oriente Crude Reference Price Adjustment 9

Table 4: Ecuador, XII Ronda Petrolera Intracampos, Coefficient k °API boundaries 10

Table 5: Ecuador, Corporate Income Tax Rate, 2000-Present 12

Table 6: Ecuador, Remuneration Fee Framework, Blocks 28, 79 and 83 15

Table 7: Ecuador, Remuneration Fees, Pre-November 2012 Contracts 15

Table 8: Ecuador, Royalty Rate, Petroamazonas 19

Table 9: Ecuador, XII Ronda Petrolera Intracampos, Company Bid Limit 24

Table 10: Ecuador, XII Ronda Petrolera Intracampos, Block Minimum Exploration Commitment 25

Table 11: References 28

Figures

1.2. List of Figures

Figure 1: Regime Flow Chart – Production Sharing Framework 5

Figure 2: Regime Flow Chart – Service Contract 6

Figure 3: Ecuador, Indicative NPV10/boe, IRR and State Take Comparison, Regional 7

Figure 4: Legal Framework 20

Figure 5: Institutional Framework 22

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