LICENSE Oil companies are granted license and enters in to production sharing contract in order to secure the necessary rights to recover petroleum JOINT VENTURE Oil companies usually enter in to joint ventures for exploration purposes to share financial investment & risk Joint venturers will commonly negotiate and execute a joint operating agreement JOINT OPERATING AGREEMENT JOA governs the rights and liabilities of the parties as between themselves and their relationship with the group member responsible for conducting the joint operations, known as the operator LEGAL RELATIONSHIP The companies under JOA are not partners, but separate joint venture companies. However under the license their liability to the host government will normally be joint i.e., each will be liable for the obligations of each of the others
Article 7 Article 7 of the MPSC imposes obligation on the part of the contractor to execute a JOA As per article 7 the functions under this contract shall be performed by the operator on behalf of all constituents
Within 45 days of the effective date or longer period as may be agreed to by government, the contractor shall execute a joint operating agreement
Operator shall provide a copy of the duly executed joint operating agreement within 30 days
Article 7 It also talks about the provisions to be included in the agreement In case of a single company constitutes the contractor, the provisions of article 7.4 and 7.4.1 shall not be applicable MAIN PROVISIONS Duration The agreement is to continue as long as the license or lease or Production sharing contract is in force and until all joint property has been disposed of and final settlement made between the parties SCOPE The JOA applies both to the exploration for and production of petroleum but does not normally extent to detailed arrangements for disposed of produced oil and gas. INTEREST OF THE PARTIES Parties beneficial interest are set out here OPERATOR This provision says who is the operator and rights to resign and rights of the other parties to remove it and the circumstances under which they may do so The clause sets out operators rights and responsibilities to conduct joint operations on behalf of other constituents and limitations of his liability Other obligations like how to sue, how to enter in to contracts with other parties will also be mentioned in that clause See Article 7 of PSC OPERATING COMMITTEE Constitution of operating committee and detailed provisions governing the establishment, powers of voting rights, meetings and procedures etc..
PROGRAMME AND BUDGET The provision often divided in to separate parts addressing exploration, development and production programmes respectively and detailed budget for the programme. The operator submits the work programme and budgets to all the parties and finally reviewed and approved by the operating committee SOLE RISK This clause says circumstances in which only one person carrying out particular activity(drilling, testing or development activity) and indemnify others for all claims and losses
DEFAULT If one party defaults in the payment towards expenditure then non defaulting party may contribute and recover in the interest of the of the defaulting party DISPOSAL OF PETROLEUM Share of petroleum each party takes is contained under this clause PUBLIC ANNOUCEMENT Public announcement is important in oil and gas sector during controversial matters like accident or loss of life, damage, pollution or other emergency. This clause says who makes public announcement in the aforementioned events. ASSIGNEMENT This clause contains how assignment can be done. Usually can find restrictions on transfer of interest Transfer to an affiliated company is normally permitted Assignment to a third party may need prior consent, sometime triggers preemption right i.e., have to get the prior approval from the other parties if your interest has to be assigned These days preemption clause are discouraged
ASSIGNMENT The clause may include that any assignment must be of partys undivided share in JOA as well as in license There may be a restriction on any interest retained by the assigning party not falling below a certain minimum level APPLICABLE LAW This clause sets out the law the parties have chosen to govern the JOA (Normally the law of the area of 0perations) Because the local courts are in the best position to interpret local law