چکیده:
AbstractMinistry of Petroleum of Iran predicted a competent Iranian partner for cooperating with the International Oil Company (IOC) in Article 4 of the Council of Ministers Resolution. The reasons stated as empowerment of Iranian companies for executing local mega projects, regional and international markets presence, and upgrading national technology in the petroleum upstream industry. In this regard and based on the procedure of qualification method of exploration, development and production companies of petroleum fields, seventeen Iranian companies were qualified as Exploration & Production (E&P) companies. Now that IOCs have left the Iranian petroleum market, are there still legal restrictions on the use of other contractual models for Iranian oil companies? The purpose of this study is to investigate the possibility of using Concession contracts by an E&P company. The research method is descriptive and analytical. Governing laws of Iran are reviewed in this study. Since Iran’s government makes the final decision on the conduct of oil operations, it cannot be described as the domination of oil resources, and therefore does not seriously contradict the Articles 43 and 153 of Iran’s Constitution. Furthermore, E&P companies will not be subject to Article 81 of the Constitution. In Article 6 of the Oil Law, the only restriction on the inflow of foreign capital in the upstream industry of Iran has been observed, which again does not apply to E&P companies. Finally, the results show that there are no major legal barriers to applying Concession agreement in case that the operator is an Iranian E&P company.
خلاصه ماشینی:
Legal investigation of concession contracts for the implementation of operations by domestic exploration and production companies (Scientific - Research Article) Hamidreza Afshari, Abbas Kazemi Najafabadi Ali Emami Meybodi Date of Receipt: 2020/03/08 Date of Acceptance: 2021/01/11 Abstract The Ministry of Petroleum of Iran, in order to empower Iranian companies to implement large domestic projects, participate in regional and international markets, and also transfer and upgrade national technology in the field of upstream oil operations, has foreseen the presence of a competent Iranian partner alongside an international oil company in Article 4 of the Council of Ministers' resolution.
2 The common characteristics of early concession contracts include:3 assignment of a very large area without a relinquishment clause,4 long duration and potentially without review, the exclusive right of the foreign company to perform all aspects of petroleum operations, the foreign company's ownership right over oil resources, customs and tax exemptions, relatively low royalty payments considering the volume of oil produced, and the transfer of equipment ownership to the state after the expiration of the concession.
Quoted from: Ameri, Faisal and Mohammad Reza Sharmardi Dezaki, New Concession Contracts and the Interests of Oil Producing Countries: An Analysis of Oil Ownership, Supervision and Management of the Host State and the Financial Regime of the Contract, Private Law Research Quarterly, Year 2, Spring, 2014, No. 6, p 68.
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