Nigeria Upstream Fiscal and Regulatory Guide

Nigeria Upstream Fiscal and Regulatory Guide

Summary

Nigeria primarily offers production-sharing agreements and sole risk contracts for upstream operations. In 2019, the country increased royalties payable on crude oil and condensate produced in inland basins and deepwater areas. The updated regime increases the fiscal burden for new investments in these areas, which may reduce the level of interest in the upcoming licensing round depending on the acreage offered. The government is also seeking to increase revenue generated from current PSCs though back-dated arrears. This, coupled with the non-passage of the Petroleum Industry Bill (now split into four separate bills) both reduces the stability of Nigeria's investment climate and increases uncertainty for investors which may extend into the medium term, particularly as the planned bills are expected to overhaul the current petroleum regulations, including the existing deepwater PSC framework.

"Nigeria Upstream Fiscal and Regulatory Guide", presents the essential information relating to the terms which govern investment into Nigeria’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 Nigeria’s upstream oil and gas investment climate.

Scope

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

Reasons to buy

• Understand the complex regulations and contractual requirements applicable to Nigeria’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

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Table of content

1. Table of Contents

1.1. List of Tables

1.2. List of Figures

2. Executive Summary

2.1. Regime Overview - Production Sharing Agreement

2.2. Regime Overview - Joint Venture and Royalty Tax Agreements

2.3. Timeline

2.4. State Take Assessment

3. Key Terms - Production Sharing Agreements

3.1. Royalties, Bonuses and Fees

3.1.1. Signature Bonus

3.1.2. Production Bonus

3.1.3. Royalties

3.2. Cost Recovery

3.2.1. Limit on Recovery

3.2.2. Recoverable Costs

3.2.3. Petroleum Profits Tax

3.3. Profit Sharing

3.3.1. 2005 Model Contract

3.3.2. 1993 and 2000 Model Contracts - Deepwater and Inland Basin

3.3.3. Pre-2005 Contracts - Onshore and Shallow Water

3.4. Direct Taxation

3.4.1. Education Levy

3.4.2. NDDC Levy

3.5. Indirect Taxation

3.5.1. Withholding Tax

3.5.2. Value Added Tax

3.5.3. Customs Duties

3.6. License Terms

3.6.1. Duration and Relinquishments

3.6.2. Work Obligation

3.6.3. Abandonment Fund

4. Key Terms - Joint Venture, Sole Risk and Marginal Fields

4.1. Royalties, Bonuses and Fees

4.1.1. Rental Fees

4.1.2. Royalties

4.2. Direct Taxation

4.2.1. Petroleum Profits Tax

4.2.2. Capital Allowances

4.2.3. Petroleum Investment Allowance (PIA)

4.2.4. Pioneer Tax Holiday

4.2.5. Education Tax and NNDC Levy

4.2.6. Companies Income Tax

4.2.7. Withholding Tax

4.2.8. MoU Regime (JVs only)

4.2.9. Minimum Profit Margin

4.2.10. Tax Inversion

4.2.11. Gas Utilization Incentives

4.2.12. Gas Flaring

4.3. Indirect Taxation

4.3.1. Value Added Tax

4.3.2. Import Duties

4.3.3. State Participation

5. Regula

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