IVZ 0.00% 7.8¢ invictus energy ltd

IVZ media thread, page-713

  1. 16,272 Posts.
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    Dark Lord I think it needs to be said, one needs to be careful when talking about the % the government might get.
    My very loose understanding is that these % relate to profit oil and gas.
    I will put up the PSA from Mozambique with SASOL for reference. Its very complicated and not as simple as X % IMO.


    Article 9 Cost Recovery and Production Entitlement
    9.1 The Concessionaires shall bear and pay all costs incurred in carrying out the Petroleum
    Operations in which the Concessionaires participate, and the Concessionaires shall recover
    such costs within the limit of 60 % of the Disposable Petroleum ("Cost Petroleum"), to the
    extent permitted by the EPCC including the provisions of Annex "C" of this EPCC, (hereinafter
    referred to as "Recoverable Costs"), and shall be remunerated exclusively by means of an
    entitlement to quantities of Petroleum to which the Concessionaires are entitled in
    accordance with the terms of the Special Tax Law (Law no. 27/2014 of 23 September, as
    amended by Law No. 14/2017 of 28 December) and of the respective Regulations approved
    by Decree no. 32/2015 of 31 December and the IRPC code (Law No. 34/2007 of 31
    December).
    9.2 a) For the purpose that the Government or a Concessionaire may elect to take Profit
    Petroleum in kind, the Concessionaires shall, for accounting and reporting purposes, record
    Cost Petroleum separately:
    i. in respect of each Development and Production Area; and
    ii. in the form of liquids and gas, on a pro-rata basis relative to the volumes of
    Petroleum Produced.
    b) For the purposes of this EPCC, condensate shall be taken in Crude Oil or Natural Gas on the
    basis of its character at the Delivery Point.
    9.3 The Cost Petroleum for any quarter shall be calculated in the manner aforesaid shall be
    increased by:
    a) the amount of any contributions made by the Concessionaires into the Decommissioning
    Fund during such quarter; and
    b) the costs incurred by the Concessionaires during such quarter to implement an
    approved Decommissioning Plan prepared pursuant to applicable law save to the extent
    that, such costs have been funded by withdrawals from the Decommissioning Fund; and
    c) provided that in no event shall the Cost Petroleum exceed 60 % of the Disposable
    Petroleum.
    9.4 Costs, to the extent permitted by the provisions of Annex "C" of this EPCC, approved by the
    competent authority, subject to Article 9.6, shall be recovered from Cost Petroleum:
    a) in respect of costs attributable to Exploration as stipulated in Annex "C" of this EPCC
    (hereinafter referred to as "Exploration Costs"), by the recovery of the full amount in the
    16 EPCC PT5-C

    fiscal year in which they were incurred or in the fiscal year in which Commercial
    Production commences, whichever is later; and

    b) in respect of the amount of Development and Production Capital Expenditures
    stipulated in Annex "C" of this EPCC incurred during each fiscal year by the recovery of
    such Capital Expenditure, at a maximum yearly rate of twenty five per cent (25 %) on a
    linear depreciation basis beginning in the fiscal year in which such amount is incurred or
    in the fiscal year in which Commercial Production commences, whichever is later.
    9.5 Costs, mentioned in article 9.4, incurred by Concessionaires to prepare an approved
    Decommissioning Plan shall be considered, for the purpose of Corporate Income Tax (IRPC),
    as operating costs pursuant to letter e) of article 19 of Law no. 27/2014 of 23 September.
    9.6 The quantity of Cost Petroleum to which the Concessionaire is entitled in any year shall be
    established on the basis of the value of the Petroleum Produced during such year, and
    determined in accordance with applicable law and this EPCC.
    9.7 The "Profit Petroleum", shall be shared between the Government and the Concessionaires
    according to the following scale:

    Government's Concessionaires'


    R-Factor Portion Portion



    Less than 1 15% 85%
    Equal to or greater than 1 25% 75%
    And less than 1.5
    Equal to or greater than 1.5 35% 65%
    and less than 2.0
    Equal to or greater than 2 and 50% 50%
    less than 2.5
    Equal to or greater than 2.5 60% 40%


    9.8 The Concessionaires, excluding ENH or a Permitted Assignee, shall pay all costs properly
    incurred under this EPCC in relation to the State Participating Interest of 30 % (thirty
    percent) Participating Interest (herein referred to as "Carry") subject to the following
    conditions:

    (a) In the event of a third party, other than an entity holding a State Participating
    Interest (Permitted Assignee), has acquired a Participating Interest in the EPCC from any
    Concessionaire other than an entity holding a State Participating Interest, such third party
    shall be obliged to take over a proportionate share of the Carry.

    16
    17 EPCC PT5-C


    (b) A State Participating Interest totally or partially transferred to a non-Permitted
    Assignee may only become effective provided all outstanding amounts as set out in Article



    9.8 (e) relating to the transferred interest and not yet reimbursed to a Concessionaire subject
    to Carry have been paid by the non-Permitted Assignee to the Concessionaires proportionally
    to their respective Participating Interests. The share of any future Carry, to be paid by each
    Concessionaire subject to Carry, shall be calculated according to the new composition of
    Participating Interest of the Concessionaires subject to Carry.
    (c) The Carry shall be limited to all costs incurred by the Concessionaire in discharging
    their obligations under this EPCC, up to and including the date upon which the Development
    Plan has been approved.
    (d) The Carry shall be used exclusively to pay for costs properly incurred under this EPCC
    in relation to the State Participating Interest. Save for in respect of a transfer to a Permitted
    Assignee, ENH may not assign directly or indirectly the benefits derived under the Carry. Any
    transfer of a Participating Interest subject to the Carry requires the prior approval of
    MIREME.
    (e) From the date of commencement of Commercial Production, ENH and any entity
    designated by the Government to manage the State Participating Interest shall reimburse in
    full the Carry in cash or in kind to the Concessionaires (other than ENH or a Permitted
    Assignee). Such reimbursement shall be calculated as and taken from the Cost Petroleum of
    ENH or a Permitted Assignee having benefited from the Carry. All Carry amounts owed up to
    approval of the first Development Plan shall be subject to payment of interest in United
    States dollars, compounded quarterly, calculated at the LIBOR rate plus one (1) percentage
    point, from the date such costs are incurred by the Concessionaires (other than ENH or a
    Permitted Assignee) until reimbursed in full.
    9.9 The Concessionaires may re-inject Natural Gas which is not (i) taken by Government pursuant
    to applicable law, (ii) used for Petroleum Operations or processed and sold by the
    Concessionaires, or (iii) used by the Concessionaires for Concessionaires' purposes, and the

    costs of such re-injection of Natural Gas shall be cost recoverable.
    In respect of operating costs attributable to Petroleum Operations stipulated as Operating
    Costs in Annex "C" to this EPCC (hereinafter referred to as "Operating Costs") (including any
    contributions into the Decommissioning Fund pursuant to applicable law, and including any
    costs incurred by the Concessionaires to implement an approved Decommissioning Plan save
    to the extent, in either case, that such costs have been funded by withdrawals from the
    Decommissioning Fund), by the recovery of the full amount in the calendar year in which
    they were incurred.

 
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