چکیده:
Despite the introduction of reciprocal sale as the only platform for implementing upstream oil and gas industry projects, according to upstream laws such as budget laws and development plans in the years following the revolution, new regulations were approved in the late 2000s and early 2010s that represent the formation of a new order in the field of implementing upstream oil industry projects. The seed of Iran's new oil order, which was initially formed by changing the attitude towards foreign investment, grew with changes in the scope of private sector intervention in the economy and flourished with the introduction and prescription of various oil contracts. Alongside the developments raised in the legislative field, the Ministry of Petroleum also prepared and introduced a new contractual model titled 'Iran Petroleum Contract' or 'IPC', which, although based on the foundations of Iran's new oil order, the question remains whether all the capacities predicted in Iran's new oil order have been used in this design, or if the possibility of developing and extracting other contractual arrangements, such as participation in production, is also provided in this space? The aim of this research is to recognize the foundations and content of this order, the relationship of the new contract to these developments, and finally, the applicability of other contractual patterns.
خلاصه ماشینی:
the National Iranian Oil Company is permitted, up to the ceiling of additional production mentioned in Clause "c" of this article, regarding the conclusion of exploration and field development contracts, to act by providing financial resources with foreign parties or competent domestic companies, in proportion to the conditions of each field, while observing the following principles and conditions: ...
" In this clause, without mentioning a specific method and by using the absolute term "various international contractual methods," a flexible space has been provided for the National Iranian Oil Company to utilize the facilities and capital of the domestic and foreign private sectors for the exploration, development, and exploitation of the country's oil and gas fields; therefore, as described below, the possibility of designing and concluding other contractual methods other than Build-Operate-Transfer (BOT) is also available, while observing the 8 conditions of this article.
- The Law on the Duties and Powers of the Ministry of Petroleum, approved in 1391 According to the third part of Clause "t" of Article 3 under the heading of Investment Affairs and Financing, one of the duties and powers of the Ministry of Petroleum is listed as follows: "Attracting and directing domestic and foreign capital for the development of hydrocarbon fields, with priority given to joint fields, through the design of new contractual models; including partnership with domestic and foreign investors and contractors without transferring the ownership of the oil and gas existing in the reservoirs and while observing preserved production standards.
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