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2015, President Rafael Correa "MOVED HEAVEN AND EARTH" TO ACHIEVE USD
1,000 MILLION. IT SIGNED A DECREE FOR AMENDING THE TAX RULES AND
CREATIVE INCORPORATED FIGURE OF "RIGHT INTANGIBLE" FIELD IN CONTRACT
SIGNED WITH SCHLUMBERGER AUCA.
SO, IS THE MULTINATIONAL hit the jackpot: USD 1,000 MILLION FOR
ADVANCEMENT, GET NET INCOME USD 6,235 MILLION, WHILE THE COUNTRY,
JUST GET MY USD 1,559 MILLION, IF OIL PRICE IS RECOVERING IN THE MARKET.
FOCUS DID VIOLATE THE SEVEN KEYS protecting THIS AGREEMENT AND MAKES A
CONSIDERATION OF CITIZENSHIP.
On December 11, 2015 (11D) it was a miraculous day. That day, President Rafael
Correa Delgado, amended the Regulations to the Organic Law of Internal Tax
Regime (RLORTI), to make possible the signing of the contract block 61 (Auca
field) with the multinational Schlumberger, disguised in the company Shaya
Ecuador S.A; but, with that "legal move" not only it has altered the Regulation
but the law itself. The creative reform enabled the government to receive the
coveted USD 1,000 million advance, using a brand new figure of Ecuadorian oil
glossary of " Intangible Contract law ".
The USD 1 billion only they were recorded in the books of accounts
Petroamazonas, because that amount, USD 650 million were diverted to pay
foreign debt (bonds Global 2015). Resta investigate who were the holders of
these bonds.
DECREE PREFERENCES
The contract "Specific Integrated Services with Financing for Block 61"
determines that the Contract Law Intangible shall be registered by the contractor
as "intangible assets in its accounting records" to be amortized within the term
of this contract, as set in the aforementioned tax reform introduced by Correa.
Indeed, the Executive Decree 844 published in Official Gazette 647, allows Shaya
Ecuador (Schlumberger) amortize the advancement delivered to the Government
as "intangible" during the contract period (20 years), through a fee $ 26 a barrel
(US / BL), although these resources have not been invested in the development
of the oil block. The USD 1 billion only they were recorded in the books of
accounts Petroamazonas, because that amount, USD 650 million were diverted
to pay foreign debt (bonds Global 2015). Resta investigate who were the holders
of these bonds.
EMBEZZLEMENT occurred?
According to several consulted jurists, it is revealed that the reform of the tax
legislation, by Rafael Correa, was aimed at making up an external credit of USD 1
billion, or delivered by Schlumberger someone his name with the bombastic
figure " intangible right ". They require that a reform of fiscal order in favor of a
particular person or company is an abuse of the system and a possible crime of
embezzlement.
Not only the hand of the President intervened in modifying the legal system, but
also the Petroamazonas Manager. The contract states that its "legal nature", is
based on paragraph 6.12 of the "Procedure for Procurement of Petroamazonas" a
lower standard output of the fist of the oil authority, which grants broad powers
likewise to model contract for the provision of specific tailored to the needs.
To keep low oil prices, the country would receive revenue of $ 1.559 billion,
however the contractor will have net income of USD 6,235 million during the
contract period.
USD 7,774 million for the company, USD 1,559 MILLION FOR ECUADOR
With this contract the government put a national strategic resource of 299
million barrels of proven oil reserves held by Shaya (Schlumberger), with a fee of
$ 26 per barrel, representing a gross income for the company of USD 7,774,000
over the 20 years of the contract. The economic result of the business,
considering the current reality of the oil market and projections supported in
international studies, leaves a dangerously negative balance for the state, while
the figures for the contractor are a real lottery. As will be seen later, the country
would receive revenue of $ 1.559 billion, however the contractor will have net
income of USD 6,235 million during the contract period.
The Auca field is one of the Crown Jewels, it has proven reserves of 300 million
barrels, daily production of 63,000 barrels, is located in the province of Orellana.
The contract is the "provision of specific services integrated with funding from
the contractor" in the fields of block 61 (Campo Auca) which includes Major and
Extraordinary Services. Only major services paid with established tariffs, which
are applied to the total production of Block 61, and defined in the Triennial Plan
(three-year programs) where Comprometidas specified activities.
During the first phase investment of USD 1.100 billion contractor is determined,
which will be amortized at a rate of 24 US / BL. For the second phase an amount
of USD 500 million and a fee of 25.80 US / BL is set. In the third phase
investment it is USD 500 million, with a rate of 27.60 US / BL. In total, the
contract provides for an investment of USD 2.100 billion for 20 years of
operation.
In the case of Extraordinary Services, these are not part of the tariffs agreed in
the contract. According to clause 9.1.6, Petroamazonas may require these
additional services to the contractor, which must pay Shaya additional costs.
That is, the Special Services are a new business in favor of the contractor.
Three "Triennial" phases, each with different investment amounts and rates
established in the contract. During the first phase investment of USD 1.100
billion contractor for "Core Services", which will be amortized through a rate of
24 US / BL it is determined. For the second phase an amount of USD 500 million
and a rate of 25.80 US / BL is set. Finally in the third phase the estimated
investment is $ 500 million, with a rate of 27.60 US / BL. In total, the contract
provides for an investment by the contractor of USD 2,100 million for the 20
years of operation.
In addition to these investments, consider the Intangible contract law, for USD
1,000 million, which was disbursed in two parts during the month of December
Sector authorities spoke of an investment of USD 4.9 billion, of which USD 2.100
million will be used to increase production of the block, during the first nine years
to increase production by 20 thousand additional barrels.
By signing the contract, oil investments should come from the state budget, will
now be assumed by the contractor, freeing the government funding.
According to clause 31.2.1, Petroamazonas must have the staff necessary for the
execution of the tasks of operation. This means that public company incurs
operating, in addition to the rate granted to the contractor spending, which
affects the overall cost structure and operating expenses of the block. According
to official figures from 2015, the average operating cost in mature fields is about
$ 9 per barrel. Ie produce a barrel of oil in the Auca field, with the new contract
specific services, it represents the country $ 35, while crude east in February
2016 traded at an average of $ 22.
With these variables can be projected net income of the contractor, the same as
can be seen in the chart. According to these projections the company Shaya in
20 years of operation, only by General Services, reach a net profit of
approximately USD 6,235 million, including potential remaining reserves of 299
million barrels and an average rate of $ 26 a barrel.
The subsoil of these fields in the provinces of Sucumbios and Orellana, has
provided the main economic resources of the country for more than 40 years.
Since its reversion to Cepe-Petroecuador in 1989, various governments have
tried, unsuccessfully, to transfer to foreign capital, the operation of these areas.
"I made the decision that the five fields (Crown Jewels) contracted with the
utmost urgency by the system works and specific services", reported in 2003,
then-President Lucio Gutierrez.
In June 2003, when the young economist Rafael Correa, has not dreamed of
Carondelet, President Lucio Gutierrez, tried to deliver the Crown Jewels foreign
capital: "I have made the decision that the five fields (Crown Jewels ) contracted
with the utmost urgency by the system works and specific services, "said Correa
opposition today. Colonel Gutierrez failed to fulfill his dream, the rebellion of the
outlaws came forward and pulled him out of power.
In 2006, when Rafael Correa painted as a candidate of the left, denounced the
very idea of delivering the "Crown Jewels" foreign capital, it had been enough to
"send home to Colonel Lucio Gutierrez" motif.
"They have a period of six months to start the operation of all mature fields, this
will thank breached President of EP Petroecuador ask all his team submitting the
resignation." Rafael Correa, September 2010.
Given the delay in signing contracts, May 19, 2008, at a meeting of the Board of
Petroecuador, the president was furious and warned that bureaucratic negligence
was the "going privatization". The warnings did little, two years later (September
2010) Correa again pressed oil controls even threatened to chop off heads, this
time he did it in writing: "It's been almost four years and so far the only field that
is Sacha is being optimized, he said, by the way, the result of strenuous personal
follow-up. "he said. In addition, he issued an ultimatum: "have a period of six
months to start the operation of all mature fields, this will thank breached
President of EP Petroecuador ask his entire team to submit the resignation," he
said.
SERTECPEC, AND OTHER TRANSNATIONAL
The first contracts were signed in 2012 with Schlumberger, Tecpetrol, Canacol
and Ecuadorian Sertecpet transnational companies grouped in consortia
Pardaliservices and Shushufindi, Libertador and Shushufindi for fields.
In the second and fourth group: Halliburton Latin America, in charge of the fields:
Lago Agrio, Palo Azul, Pata, Pucuna, Charapa, Victor Hugo Ruales, Tipishca
Huaico, Araz and Chanague.
Three group consisting of: Sinopec and Sinopec International Services, handled
Limoncocha, Indillana and Yanaquinchia.
The fifth group consists of: Sertecpet, Montecz and Edinpetrol by Pacoa in the
province of Santa Elena.
While the six group composed of the company YPF (Argentina) by the Yuralpa
field in the province of Napo.
CATASTROPHIC RESULTS
For the execution of these contracts the companies would invest USD 2.120
billion over five years, with the aim of increasing reserves at 171 million barrels.
According to the Vice President, Jorge Glas, in this type of contract 95% of the
income was for the people. He offered up production through enhanced recovery
technologies. The aforementioned contracts were signed in October 2014, with
an average rate of $ 35 a barrel for incremental production, when world oil
market already begun to experience a drop in oil prices.
The specific services contracts signed in 2014, failed. Actual results, according to
official figures, were catastrophic: the cost of developing and operating the year
2013 was $ 105.9 per incremental barrel; 2014 dropped to 84.4, and 2015 was $
65.7 per barrel.
Between 2013 and 2015, companies invested USD 3,290 million, to achieve
incremental cumulative production of only 57 million barrels. Although the
contractual incremental cost of production was in the order of $ 35 per barrel,
the actual results were catastrophic: the cost of developing and operating the
year 2013 was $ 105.9 per incremental barrel; 2014 dropped to 84.4, and 2015
was $ 65.7 per barrel.
With costs skyrocketing and prices across the floor, the decision to
Petroamazonas was notifying companies with the unilateral suspension of these
contracts: "I request the suspension of the activities that his client is executing,
which should resume once which has been completed the negotiation process ...
"said the text signed by then manager, Osvaldo Madrid.
Faced with the failure of contracts signed specific services in 2012 and 2014,
before the economic crisis Petroamazonas, the government desperately opted to
transfer the investment and operating costs of large fields, foreign capital,
adding in contracts, a premium (advance) to refresh the national treasury. The
first contract was signed on the Auca field, new contracts, as Sacha, Cuyabeno,
ITT, the main are prepared. The difference between the contract block 61 with
the above specific financing services, is that in the current fee for all production
area is paid, while in the previous one by the new, incremental production.
Following the jolt caused by falling oil prices and the substantial increase in
production costs, which has led to Petroamazonas to a condition of illiquidity, the
government began an international pilgrimage in search of financial resources to
support the oil operation . In that order proposals they were formalized several
foreign companies in the form of specific services with financing. The investment
regime sought not only to their fields, but tax money vein, an advance. The idea
excited Schlumberger and other companies.
Before the official invitation, July 22, 2015, Petroamazonas and Schlumberger
signed a confidentiality agreement in order to identify opportunities for the
development of integrated projects funded in blocks 60 (Sacha) and 61 (Auca). In
this direction, the Coordinator Strategical Sector Minister Rafael Poveda, in
September 2015, signed a memorandum of understanding and a "term sheet"
with Schlumberger, for block 61 (Auca field), providing the company all historical
information the said block.
After analyzing the information, notably the potential reserves exceeding 300
million barrels of light crude, November 5, 2015, Schlumberger formalized the
proposal entitled: "Support for the operation of the fields in block 61" document
it was known the next day by the Contracts Committee.
SHAYA A COMPANY OF 1000 DOLLARS WITH A PREVIEW OF 1000 MILLION
Several analysts agree that, when much twists the law, must be cured in healthy.
Intense meetings between the parties were held in luxury hotels in the capital, as
the Marriot. Senior officials from the Presidency and Vice Presidency of the
Republic parading in the hotel, together with representatives of Schlumberger:
Carlos Sarmiento, Andrs Donoso, Patricio Machado. It is worth remembering
that, Donoso and Machado were the authorities Hydrocarbons between 2012 and
2014 negotiated the specific service contracts with several companies, including
Schlumberger own for Shushufindi and Libertador fields. Now the fate put them
across the table.
And as if that were not enough, the same on December 11, the manager of
Petroamazonas, Jos Icaza, evoking the Constitution of the Republic, the Laws of
Hydrocarbons and Public Enterprises and the code of ethics of government,
ordered the signing of multimillion dollar contract . From that resolution lawyers
put the task of drafting the final document: 43 clauses, annexes from A to S, 264
pages.
One day before the adoption on December 10, 2015, the Management
Planificaci6n and Management Control, and was ahead score in the register of
budget planning (2016 to 2035), the economic terms of the contract to be signed
on December 14, 2015.
The response of the SRI came Dec. 10, 2015, one day before the tax reform,
Ximena Amoroso and responded to the consultation Icaza, "If there is payment
for an intangible contract law on the part of the contractor, other than the
copyright, industrial property and related rights and contraprestaci6n to the
availability of intangible Petroamazonas EP (PAM), this is not a fact taxed with
VAT. "
Until the State Attorney, Diego Carrion, he worked for the future. One day before
the Board of Petroamazonas approve the terms of the negotiations, he sent a
report authorizing agree on international arbitration in the UNCITRAL.
Finally, on December 14, 2015, Petroamazonas manager Jose Icaza Romero and
the legal representative of Shaya Ecuador, Iran Hooman Sadrpanah signed the
contract. As witnesses of honor was the high command of government: Rafael
Correa, Jorge Glas, Alexis Mera, Rafael Poveda, Carlos Pareja, among the main
ones.
As can be seen, the law does not speak of integrated services with funding, but
specific services, amendments were introduced through regulations and in the
case of Auca through less regulation, such as the Manual of Procedures for
Procurement.
"(...) The specific works or services that Petroecuador (Petroamazonas EP) has to
carry out, may make by itself or by entering into contracts for works or services,
giving preference on equal terms to domestic firms (...)".
Although the authorities intend to deny the delivery of the operation, there is a
delegation from the operation of block 61 to a foreign company, made directly.
Article 16 of Regulation Reforms to the Hydrocarbons Law says:
will constitute a commercial chaos and sooner rather than later, compensation
for the weaker party.