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THAI PETROLEUM CONCESSIONS

Annex 1

Outline of Thailand I Terms

Below is a summary of standard terms of a Thailand I petroleum concession:

Nature of right:

Concession agreement signed with Ministry of Industry (formerly Ministry of National Development).

Management responsibility:

Company, subject to plans approved by Department of Mineral Resources.

Area of blocks, onshore:

10,000 sq. km., maximum 5 blocks.

Duration:

Exploration Period

8 years + 4-year renewal period.

Production Period

30 years + 10 from end of exploration period.

Relinquishment:

50% after 5 years (35% in deep water)

25% after 8 years (40% in deep water)

Financial and fiscal obligations:

1.    Work expenditure

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Work and financial obligations are fixed for first 3 years, and second 5 years.

2.    Operating costs 

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Company’s responsibility.

3.    Bonuses

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According to application for concession, referred to as “special benefits”. 

4.    Royalties

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Royalty 1/8 or 12.5% in cash (8.75% in deep water), and 1/7 in kind.

5.    Income tax

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Income tax on profits 50% to 60% (presently 50%);  or 35% on profits plus 23.08% remittance tax under 1979 Royal Decree.

Capital cost recovery:

Amortized over 5 to 10 years.

Operating cost recovery:

Expensed.

Pricing:

Crude Oil

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 No restrictions in law, but royalties and income taxes on exported oil geared to “posted prices”, with discounts.

Natural gas

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Negotiable (§ 58).

Disposition of petroleum:

1.    Local market supply

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Government may require supply to local market;  Special pricing if crude exported exceeds 10 x domestic demand.

2.    Exports

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Subject to ban or restriction under § 61.

Additional cost factors:

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Office in Thailand.

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“Special benefits” agreed in concession, e.g. scholarships, grants to universities, libraries and lab equipment, etc.

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Employment and training of Thai

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Approval of employment of aliens.

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Equipment becomes property of Thai government.

Arbitration:

Zurich, Switzerland, if not otherwise agreed.  Rules of International Court of Justice of 6 May 1946.

Thai Petroleum Concessions

Annex 1   Annex 2   Annex 3

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