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PETROLEUM
REGULATIONS
This
Regulations has been adopted by the Council of Ministers in Phnom
Penh on September 28, 1991 CHAPTER
I: PRELIMINARY 1. Definitions: Unless
the subject or context otherwise requires, in these Regulations: (a)
Exploration Period: means the initial Exploration Period and extension
thereof as specified in Article 15. (b)
Exploration Operations: means all work necessary to explore for Petroleum
and evaluate the commercial development of any discovery of Petroleum as
provided in a Petroleum Agreement. (c)
Exploration Block: means the Exploration Block referred to Article 13 whose
boundaries shall be demarcated in according with Articles 10 and 12. (d)
Production Permit: means the production Permit to be issue under sub-article
19.2 of Article 19. (e)
Production Period: means the Production Period as specified in Article 20. (f)
Petroleum Operations: means Exploration, Development or Production of
Petroleum and includes the treatment, transportation, storage and sale or
disposal of petroleum so produced as specified in Chapter 6. (g)
Petroleum Agreement: means a Production Sharing Contract. (h)
Production Operations: means all work necessary to product, treat,
transport, store and sell or dispose of Petroleum. (i)
Production Area: means an area described in a Production Permit. (j)
Petroleum means: crude oil, natural gas and other liquid, gaseous, solid or
semisolid hydrocarbons in their natural state and includes sulphur, helium
and all similar substances associated with hydrocarbons. (k)
Crude Oil: means Petroleum produced at the wellhead in the liquid state and
asphalt, ozokerite and liquid Petroleum known as distillate or condensate
obtained from Natural Gas by condensation or extraction. (l)
Natural Gas: means wet gas, all other gaseous Petroleum produced from oil or
gas wells and the residue gas remaining after the extraction of liquid
Petroleum from wet gas. (m)
Contractor: means person who sign the Petroleum Agreement with the ambodian
Government. (n)
Subcontractor: means any person hired by a Contractor to carry out Petroleum
Operations. (o)
Contract Year: means a period of twelve consecutive months beginning from
the effective Date or from the anniversary of such Effective Date according
to the Gregorian Calendar. (p)
Contract Area: means the area of the Exploration Block as reduced by the
relinquishments pursuant to Article 16. (q)
Dollar: means the United States dollar. (r)
Inspector:means an individual, official or authority authorized by the
Cambodian Government. (s)
Petroleum Costs: means all expenditures incurred by a Contractor in
conducting Petroleum Operations and which are defined in a Petroleum
Agreement. (t)
Budget: means the itemized estimate of costs of all items included in a work
program. (u)
Calendar Year: means a period of twelve (12) consecutive months beginning
January 1 and ending on the following December 31 according to the Gregorian
Calendar. (v)
Development Operations: means all work necessary to commercially develop a
Field. (w)
Sales or Disposal: means any sale, exchange or transfer of petroleum with or
without payment. (X)
Commercial Production Day: means the day on which a Contractor makes its
first sale or disposal of Petroleum produced in commercial quantities from a
Production Area. (y)
Rovalty: means the Royalty to be retained by the Cambodian Government
pursuant to Article 21. (z)
Effective Date: means the date on which the Cambodian Government and a
Contractor sign a Petroleum Agreement. (al)
Field: means an area consisting of a single or multiple Petroleum reservoirs
all grouped on, or related to, the same individual geological structural
feature, or stratigraphic conditions from which Petroleum may be produced
commercially. (a2)
Board: means the Petroleum Advisory Board constituted under Article 43. (a3)
Calendar Quarter: means a period of three (3) consecutive months beginning
January 1, April 1, July 1 or October 1 and ending on the following March
31, June 30, September 30 or December 31, spectively, according to the
Gregorian Calendar.
CHAPTER
II: SELECTION OF CONTRACTOR AND PETROLEUM AGREEMENT 2. Invitation for Bid In
a case where the Cambodian Government desires to conduct Petroleum
Operations by employing a Contractor, the Ministry of Industry will issue an
invitation for bid and publish notice thereof, in national and international
newspaper describing a time limit of at least thirty (30) days for the
submission of bids. 3. Particulars to be mentioned in Invitation for
Bid The
following details shall be mentioned in invitations for bid: (a)
The Exploration Blocks open for Petroleum Operations. (b)
Basic information about the Exploration Blocks. (c)
Bidding fee. (d)
Other necessary particulars. 4. Particulars to be mentioned in Bid A
company desirous of undertaking Petroleum Operations shall submit a sealed
bid to the Ministry of Industry in the form prescribed in Schedule 1 with
the following details within the time-limit prescribed in the notice
published under Article 3. (a)
Evidence showing that the bidder is a company. (b)
Name and address of the authorized to act on behalf of the bidder. (c)
Evidence showing that the bidders commands capital, machinery,equipment,
tools and specialists required for undertaking Petroleum Operations. (d)
Methods and time schedule of Exploration Operations. (e)
Minimum work program and budget for the exploration Period (including two
extensions). (f)
In the event that the bidder is to be a joint venture of two or more
persons, particulars pertaining to their relationship, responsibilities and
percentage interests. (g)
Annual Work Program and Budget for the first Contract Year. 5. Evaluation of Bids 5.1
Upon receipt of bids the Ministry of Industry shall evaluate them according
to the following criteria: (a)
Financial competence of the bidder. (b)
Technical competence and professional experience of the bidder. (c)
Experience of the bidder in marketing of Petroleum. (d)
Proposed minimum work and expenditure obligations during the Exploration
Period. (e)
Proposed allocation of Net Petroleum. (f)
roposed educational and training facilities. (g)
Other facilities and benefits proposed. (h)
any other relevant particulars. 5.2
In the course of evaluation of bids, the Ministry of Industry may ask for
additional details or clarification on any matters from any bidder. 6. Negotiations After
evaluation of bids, the Ministry of Industry may undertake negotiations with
any qualified bidders. 7. Approval of Bids On
the basis of its evaluation of bids and negotiations with bidders, the
Ministry of Industry will forward the bids with its recommendations to the
Cambodian Government for approval and the Cambodian Government shall decide
whether or not to sign any Petroleum Agreement. 8. Notice for Signature of the Petroleum
Agreement 8.1
The Ministry of Industry shall inform any bidder approved by the Cambodian
Government pursuant to Article 7, and notify it of the date, time and place
for signing the Petroleum Agreement. In
case a successful bidder without proper reason fails to appear for signing
the Petroleum Agreement at the time mentioned in the notice sent under
sub-article 8.1, the Cambodian Government may make alternative arrangements. 9. Petroleum Agreement 9.1
Normally, no bidder shall be granted more than two Exploration Blocks for
Petroleum Operations. 9.2
A separate Petroleum Agreement shall be signed for each Exploration Block. 9.3
A Petroleum Agreement shall be signed in substantially the form prescribed
in Schedule 2 with such additions or deletions as may be approved by the
Cambodian Government. 9.4
The Minister of Industry shall sign Petroleum Agreement on behalf of the
Cambodian Government. CHAPTER
III: DEMARCATION OF AREAS 10. Surface Boundaries of Exploration Blocks and
Contract Areas Exploration
Blocks and Contract Areas shall be demarcated by coordinates of longitude
and latitude or prominent natural or topographic features, such as mountain
divides or river courses, and by international boundaries. 11. Surface Boundaries of Production Areas Production
Areas shall be polygons in shape and be demarcated by definite geographical
co-ordinates. 12. Vertical Boundaries of Exploration Blocks
Contract Areas and Production Areas The
vertical boundaries of Exploration Blocks, Contract Areas and Production
Areas below the surface shall be vertical planes projected through the
surface boundaries of such areas. 13. Area of Exploration Block The
area of each Exploration Block shall be as demarcated by the Ministry of
Industry and will not normally exceed 7,500 square kilometers. 14. Power to Conduct surveys For
the purpose of clearly demarcating Exploration Blocks, Contract Areas, and
Production Areas, the Ministry of Industry may as it may deem necessary, at
Contractor's cost, conduct surveys or order Contractor to conduct surveys. CHAPTER
IV: EXPLORATION 15. Exploration Period 15.1
The maximum initial duration of an Exploration Period shall be three (3)
Contract Years from the Effective Date. The duration of an Exploration
Period may be extended twice for periods of up to two (2) Contract Years
each, it so requested by the Contractor in writing, prior to the expiry date
of the initial duration and subject to the approval of Ministry of Industry. 15.2
The Ministry of Industry may further extend the duration of the Exploration
Period for such time as may be reasonably necessary to complete drilling,
logging, testing or plugging of any well which is actually being drilled,
logged, tested or plugged at the end of an Exploration Period, or to
complete any appraisal work, the evaluation of any discoveries, the
preparation and submission of detailed development Work Program and Budgets
and/or an application for a Production Permit, or to secure an export market
(including necessary arrangements and infrastructure) for Petroleum form a
Field which has been discovered in a Contract Area. 16. Relinquishment of Areas 16.1
Contractor shall relinquish areas as follows: (a)
At least thirty (30) per cent of the original Contract Area, excluding any
area falling under a Production Area, by the end of the initial Exploration
Period. (b)
Twenty five (25) per cent of the original Contractor Area, excluding any
area falling under a Production Area, by the end of first extension of the
Exploration Period. (c)
Subject to sub-article 15.2 of Article 15, all remaining areas of the
Original contractor Area, excluding areas falling under a Production Area,
by the end of the Exploration Period. Explanation:
For the purpose of sub-article 16.1, Production Area includes any area over
which a request for a Production Permit is under consideration. 16.2
Notwithstanding anything contained in sub-article 16.1, each area which is
relinquished from time to time shall be not less than ten (10) per cent of
the original Contract Area and shall be composed of contiguous blocks. 16.3
The Cambodian Government shall have the right as agreed in the Petroleum
Agreement to order a Contractor to relinquish additional areas containing a
Field if after the completion of appraisal Work in such areas Contractor
does not apply for a Production Permit, in which case Contractor shall
relinquish such areas as provided in the Petroleum Agreement. 16.4
During the Exploration Period, Contractor may at any time relinquish any
portion of the Contract Area and all such voluntary relinquishments shall be
credited towards the mandatory relinquishments specified in sub-article
16.1. CHAPTER
V: WORK PROGRAM AND BUDGET AND ALLOCATION OF PETROLEUM 17. Information to be Furnished If
Petroleum discovered in any Contract Area, Contractor shall immediately
deliver to the Ministry of Industry a notice of discovery, and promptly
submit all information pertaining thereto. 18. Appraisal Work Program and Budget If
Petroleum found in any Contract Area is of possible commercial significance
Contractor shall, within ninety (90) days after the date of a notice of
discovery given under Article 17, submit a detailed appraisal Work Program
and Budget to evaluate the commercial development of the Field to the
Ministry of Industry . If Contractor considers such appraisal to be not
necessary in order to evaluate the commercial development of the Field,
Contractor may submit justification thereof and proceed to apply for a
Production Permit. 19. Development Work Program and Budget and
Production Permit 19.1
In case appraisal work shows that a Field can be commercially developed,
Contractor shall, within a reasonable period, apply to the Ministry of
Industry for a Production Permit. Such application for a Production Permit
shall include a detailed Development Work Program and Budget for
commercially developing the Field, and a detailed description of the
Production Area applied for. 19.2
A Contractor shall not proceed with Development Operations until it has
obtained the approval of the Ministry of Industry. Following the approval of
the development Work Program and Budget by the Ministry of Industry, the
Ministry of Industry shall issue a Production Permit. 19.3
If the extent of a Field subject to a Production Permit is demonstrated to
be different than that for which the Permit was issued, the Production Area
subject to the Production Permit shall be adjusted accordingly, provided
that the area covered shall be entirely within an unrelinquished Contract
Area. 19.4
If a Contractor discovers Natural Gas, whether or not in association with
Crude Oil, the Ministry of Industry and Contractor shall immediately consult
for the purpose of developing commercial use of such Natural Gas. If no
commercial use for Natural Gas has been developed, Contractor shall have the
right to request a Production Permit to enable Contractor to develop a
commercial market, as specified in the Petroleum Agreement. In order to
assist Contractor to develop a commercial market for such Natural Gas, a
committee of representatives of both the Ministry of Industry and Contractor
shall be established. The committee shall jointly review assessments of the
discovery, adopt procedures for planning commercial development, and monitor
progress in implementing agreed programs. 20. Production Period The
duration of a Production Period shall expire thirty (30) years after the
effective Date. If commercial production from the Field remains possible at
the expiration of such Production Period, the Ministry of Industry shall
extend a Production Period for the period of projected commercial
production, but not more than five (5) years. 21. Tax facilities In
the conduct of Petroleum Operations, a Contractor shall be exempt from
payment of all taxes, charges, duties and fees leviable under prevailing law
except: (a)
A royalty of at least 12.50 per cent as prescribed on the value of Petroleum
sold or disposed of. Such royalty shall be paid either wholly or partly in
Crude Oil or in cash or both as may be fixed by the Cambodian Government. (b)
Such annual surface rental as may be prescribed. (c)
Income tax at a rate of 25-50 per cent of net Income derived from Petroleum
Operations. The Ministry of Industry and Contractor may mutually agree and
clearly mention in the Petroleum Agreement the agreed rate of Income tax and
the party which shall be liable to pay such Income tax on behalf of the
other party. Explanation:
Net income means the net incomes as determined in accordance with the
procedure specified in the Petroleum Agreement. (d)
Registration charges or any other fees for services rendered by the
Cambodian Government at generally applicable rates for such services. (e)
Any other taxes or charges as may be specified in the Petroleum Agreement. 22. Allocation of Petroleum 22.1
The Cambodian Government shall retain as Royalty according to the Article 21
(a) 22.2
The balance of Petroleum produced within a Contract Area remaining, after
retention of Royalty by the Cambodian Government, and payment of Petroleum
Costs to Contractor, shall be allocated to the Cambodian Government and to
Contractor in accordance with the provisions of the Petroleum Agreement. 22.3
For the purpose of this Article, Petroleum produced within a Contractor Area
means the amount of Petroleum remaining after deducting the Petroleum used
as follows from the amount of Petroleum produced from each Field within the
Contract Area: (a)
Petroleum used for analysis, test, or in Petroleum Operations. (b)
Natural Gas made available without cost to other Contractor for the purpose
of conservation of Petroleum resources or flared, with the prior approval of
the Ministry of Industry. (c)
Natural Gas utilized by the Cambodian Government at its own risk. CHAPTER
VI: PETROLEUM OPERATIONS 23. Details to be Furnished 23.1
At least thirty (30) days prior to undertaking any Petroleum Operations
Contractor shall submit the following details concerning the proposed work: (a)
Proposed work program in detail. (b)
Time schedule. (c)
Map of the area showing proposed location of work. (d)
If the work is to be carried out by Subcontractors, their names and
addresses. 23.2
In case any necessary changes are to be made in the details submitted under
sub-article 23.1 Contractor shall submit the details of the proposed changes
fifteen (15) days prior to such changes being made. 23.3
After the details under sub-article 23.1 or 23.2 are received, the Ministry
of Industry may ask for additional information from Contractor, and it shall
be the duty of the Contractor to furnish the information so requested as
soon as possible. 24. Standards of Conducting
Petroleum Operations to be Prescribed The
Ministry of Industry may prescribed that Contractor in respect of any
specific Petroleum Operations shall comply with the standard of oil field
operations published by a recognized professional institution, with or
without any modifications for conditions in the State of Cambodia. 25. Conduct of Petroleum
Operations Contractor
shall make the following arrangements while conducting Petroleum Operations: (a)
Establish security areas around all machinery, equipments and tools. (b)
Erect fences at a distance of not less than fifty (50) meters from any
drilling rig, generator, and other structures . (c)
Provide secure storage areas for all explosive, detonators, and similar
dangerous materials used in Petroleum Operations. (d)
Protect the natural environment, avoid causing loss or damage to life of
men, animals, natural property, forest, fishery and archaeological subject
to concerning Rules. (e)
Maintain records of workers working in each work area, and send a copy
thereof to the Ministry of Industry within fifteen (15) days from the date
of commencement of Operations in the area. (f)
Maintain a register of workers in the form prescribed by the Ministry of
Industry, and send details of workers joining or leaving every month to the
Ministry of Industry within the first week of the following month. (g)
Report to the Ministry of Industry within twenty four (24) hours in case any
worker is injured while performing his duties in connection with Petroleum
Operations. (h)
Be in charge to protect the health of the people and their working security. (I)
Arrange necessary insurance as provided in the Petroleum Agreement. (j)
Provide safety and fire-fighting equipment in each work area. 26. Operation and Maintenance of
Wells 26.1
Contractor before undertaking any drilling or workover operations shall give
written notice to the Ministry of Industry at least fifteen (15) days prior
thereto including notice of its detailed drilling program. Contractor shall
give the Ministry of Industry as much notice as practicable before
undertaking logging or casing. 26.2
In all well drilling, production and maintenance operations, Contractor
shall: (a)
Not drill a well in such a manner that it passes through an underground
vertical plane of the boundary of the Production Area. (b)
Install and keep in good working order blow-out preventers on all wells, and
in accordance with the prescribed procedure, test such equipment
from time
to time and maintain records thereof. (c)
Use drilling mud of proper specifications and in appropriate quantities in
order to prevent the blow-out of Petroleum from any well. (d)
Take cutting samples at intervals not exceeding ten meters a part or as
directed by the Ministry of Industry throughout the depth of the well while
drilling wells. Such samples shall be labeled with the number and the
relevant interval of depths of the concerned well. (e)
In cases where core samples are taken, the cores shall be split and placed
in core boxes in stratigraphic order. The body of each core box shall be
accurately labelled with number of cores, the depth of top and bottom
intervals of the cores, percentage of core recovery, and the name of the
well. (f)
Make available to the Ministry of Industry within a reasonable time period
one set each of cutting and core samples taken under clause (d) and (e). 27. Flow Rate Measurement
Equipment and Method 27.1
In the production of Crude Oil or Natural Gas, Contractor shall
install equipment for measuring the rate of the Crude Oil or Natural Gas of
the type as prescribed by the Ministry of Industry. 27.2
The method of installation of equipment under sub-article 27.1 or
procedure for measurement, calculation and calibration of the rate of flow
of Crude Oil or Natural Gas shall be as prescribed by the Ministry of
Industry. 27.3
The basis and procedure for determination of the specific gravity and
average temperature of Crude Oil and the quantity of sediment and water in
Crude Oil shall be prescribed by the Ministry of Industry. 27.4
In the event equipment for measuring the rate of flow of Crude Oil or
Natural Gas is damaged or unable to be used for any reason, Contractor shall
evaluate the rate of flow by using the best available data, as approved by
the Ministry of Industry. 27.5
A Contractor shall submit to the Ministry of Industry a report of the
calibration of equipment for measurement of rate of flow of Crude Oil or
Natural Gas in the form prescribed by the Ministry of Industry within seven
days from the date of l completion of calibration. 28. Construction, maintenance and
Use of Permanent Facilities 28.1
Contractor shall construct, operate, repair and maintain all
facilities required in a Production Area in connection with Petroleum
Operations. 28.2
Contractor shall have the right to construct, operate, repair and
maintain road, pipe-line and other transportation, communication and storage
facilities outside a Production Area necessary for Petroleum Operations
subject to prior approval of work program and budget by the Ministry of
Industry and the acquisition of area required for such operations. 28.3
If the Cambodian Government undertakes the construction, operation,
repair and maintenance of the facilities described in sub-article 28.2,
Contractor shall have the right to use such facilities for appropriate
tariffs as fixed by the Government. 28.4
The Cambodian Government or other persons may use the facilities
constructed under sub-article 28.1 or 28.2 in such a way as not to impair
the work of Contractor and as mentioned in a Petroleum Agreement. 28.5
All permanent facilities constructed and all other assets other than
those which are leased or imported for temporary use, which are permanently
installed for the exploration, production, treatment, transportation or
storage of Petroleum, shall become the property of the Cambodian Government
upon completion of construction or installation. 28.6
The Cambodian Government may order a Contractor to remove at the cost
of Contractor, all or part of the facilities and other assets described in
sub-article 28.5 at the end of Petroleum Agreement. 28.7
Title to the facilities and assets removed under sub-article 28.6
shall pass to Contractor 29. Work upon Completion of
Petroleum Operations After
completion of Petroleum Operations in any area or after the expiry of the
duration of Petroleum Agreement or after the termination of the Petroleum
Agreement, Contractor shall perform the following work at its own cost: (a) Restore the area used for Petroleum
Operations to its original condition, unless otherwise instructed by the
Ministry of Industry. (b) Erect walls or fences around any holes, pits,
trenches, or wells in order to prevent any possible danger to persons or
animals. (c) Remove all structures, foundations,
machinery, equipment, and other materials which are of no further use,
unless otherwise instructed by the Ministry of Industry. CHAPTER
VII: REPORT AND INFORMATION 30. Reports and Information 30.1
Contractor shall submit to the Ministry of Industry the following reports
and information concerning Petroleum Operations undertaken by it. (a)
Monthly, quarterly and annual reports. (b)
Reports on magnetic and gravity surveys. (c)
Reports on surface geological surveys. (d)
Report on seismic data and interpretations thereof. (e)
Reports on drilling operations. (f)
Reports on investigation of Petroleum reserves, Field limits and
economic evaluations. (g)
Reports on production of Petroleum. (h)
Safety programs and reports on accidents. (i)
Procurement plans for goods and services, and copies of all contracts
with Subcontractors. (j)
Design criteria, specifications, maps and construction records. (k)
Reports of technical investigations relating to Petroleum Operations. (l)
Statements
of Petroleum Costs. (m)
Reports on education and training programs. (n)
Such other reports as may be required according to the accounting
procedures prescribed by the Cambodian Government . (o)
Any other reports as may be required by the Ministry of Industry. 30.2
Contractor shall submit to the Ministry of Industry all other
samples, reports, documents, data and information which are required under
Petroleum Agreement. 31. Magnetic and Gravity Surveys 31.1
Contractor shall submit the following to the Ministry of Industry concerning
magnetic and gravity surveys: (a)
Flight path maps in 150,000 and 1:250,000 scales. (b)
Aerial magnetic recording tapes. (c)
of equipment used in the magnetic and gravity surveys. (e)
Reports on Daily records of the earth's magnetic fields. (d)
Specifications the interpretation of clause (a), (b) and (c) together
with maps showing the intensity of magnetic and/or gravity and depth of
basement, and structural maps in both transparencies and paper prints at
scales used by Contractor as well as 150,000 and 1250,000 scales. 31.2
Reports on clauses (a), (b), (c), and (d) shall be submitted within thirty
(30) days after completion of the magnetic and gravity surveys, and reports
on clause (e) shall be submitted within ninety (90) thereof 32. Surface Geological surveys Contractor
shall submit the results of surface geological surveys within a reasonable
time but in any case not later than six months after the completion of the
survey including but not limited to: (a)
Geological maps in scales used by contractor and at scales of 150,000
and 1,250,000 and maps showing the location of the collection of samples in
150,000 scale in both transparencies and paper prints. (b)
Analysis of Petroleum reservoirs specifying the rock types,
petrology, permeability and porosity. (c)
Petroleum source rocks analysis, consisting of total organic carbon
contents, types and maturity. (d)
Paleontology analysis, stratigraphy, and environment of
deposition. 33. Seismic Surveys 33.1
Contractor shall submit the following in relation to seismic surveys: (a)
Source and receiver pattern diagrams. (b)
Specifications of equipment used in seismic surveys. (c)
Maps showing permanent marks used in the survey in 150,000 scale. (d)
Seismic shot point maps at Contractor's scales and also at 150,000
and 1,250,000 scales, if used by Contractor, in both transparencies and
paper prints. (e)
Source wave form characteristic analysis. (f)
Weathering profile. (g)
Magnetic field tapes and final processed tapes; and reprocessed tapes
if they have been used for reinterpretation and/or location of well(s). (h)
Seismic sections processed and reprocessed in both transparencies and
paper prints at scales of one second per ten centimeters and one second per
five centimeters vertical scale. (i)
Copies of all seismic sections interpreted and reinterpreted by
Contractor. (j)
Velocity analysis and interval velocities at each shot point location
which Contractor has determined. (k)
Seismic interpretation of every horizon which Contractor has
interpreted, including thickness, structure, facies, environment,
geochemical maturity and any other interpretive maps which Contractor has
constructed during the course of his study. (l)
Maps prepared under clauses (j) and (k) at the scales used by
Contractor as well as 1,250,000. 33.2
Reports on clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i)
shall be submitted as soon as possible after the acquisition of the seismic
profiles and in no case later than sixty (60) days after the interpretation
of the seismic profile. 33.3
Reports on clauses (j), (k) and (l) shall be submitted within ninety
(90) days after completion of the interpretation. 34. Drilling of Exploration and
Production Wells Contractor
shall submit the following details to the Ministry of Industry in regard to
the drilling of exploration and production wells within the following
time-limits: (a)
A daily report within 13:00 hours of the following day, which must contain
the following details: 1.
Names of well and Contractor. 2.
Date and time of operation. 3.
Name of drilling rig. 4.
Days of previous operation on the particular well. 5.
Depth of well at time of report. 6.
Diameter of well. 7.
Type and size of drill bit. 8.
Deviation of well. 9.
Type, weight, and specification of drilling mud. 10. Operation and problems during previous 24 hours. 11. Lithology within previous 24 hours 12. Petroleum found. 13. Type, size, weight and depth of casing. 14. Cementing. 15. Pressure test of Petroleum blow-out preventer, casing and
other related equipment. 16. Well logging, including type and depth of logging. 17. Core sampling. 18. Flow test and the depth thereof. 19. Well abandonment. 20. Drilling rig, released. 21. Conditions of weather. (b)
A complete suite of continuously spliced well logs at a scale of
1:1,000 in transparency and paper print within thirty (30) days of the
completion of the logging operations in addition to the well logs at various
scales which are received in the normal course of logging. (c)
The well completion report shall be submitted within ninety (90) days
after the completion of a well. In case there are clear reasons and basis
due to which the report could not be submitted within the said period, the
Ministry of Industry may extend the period by additional ninety (90) days.
This report shall include a complete description of the results of the well,
test results, details of geology and lithology, log interpretation results,
including formulae and methods of calculations, and petroleum, water and
pressure analyses. The well completion log shall be at a scale of 11,000 and
shall consist of: 1.
Log curves. 2.
Lithologic descriptions. 3.
Formation tops. 4.
Velocity information. 5.
Shows and tests. 6.
Casing and plugs. 7.
Cores. 8.
Paleontologic and palynologic markers. 9.
Environment of deposition. 10. Other information which Contractor has plotted on its own
well logs and which contributes to the interpretation of the results of the
well. 35. Petroleum Production Contractor
shall submit the following details to the Ministry of Industry in regard to
Petroleum production within the following time-limits: (a)
A daily report within 13:00 hours of the following day, with
following details: 1.
Amount of Petroleum produced. 2.
Amount of Petroleum stored, sold, or disposed. 3.
Amount of Petroleum used as fuel. 4.
Amount of Petroleum flared. 5.
Gravity and viscosity. 6.
Vapour pressure. 7.
Pour point. 8.
Dew-point and composition of Natural Gas. 9.
Impurities. 10. Water produced and result of the analysis. 11. Tubing and casing pressure. 12. Choke size. 13. Well test. 14. Operation during the previous 24 hours. (b)
Workover report, giving reasons, length and details of work over
within thirty (30) days after the completion of the workover. (c)
Stimulation report, stating methods and details of materials used for
the purpose within thirty (30) days after the completion of operations. (d)
Bottom hole pressure test report within fifteen (15) days after the
completion of the test. (e)
Production test report including details of calculation within thirty
(30) days after completion of the test. (f)
Reports concerning petroleum reserves, limits of the field, and
economic evaluation(s) (as specified in Development Work). CHAPTER
VIII: SURFACE RENTAL BONUS, AND OTHER FEES 36. Surface Rental and Other Fees Contractor
shall pay surface rental and other fees to the Cambodian Government in
Dollars at the rates mentioned in Schedule 3. 37. Calculation of Surface Rental All
payments of surface rental shall be computed on a Calendar Year basis,
reduced prorata to reflect rights to areas for less than a full Calendar
Year. Each payment shall be accompanied by a summary which indicates its
basis of computation. If during any Calendar Year a change occurs in the
area of the Contract Area which results in a change the payment due, the
payment for the following Calendar Year shall be adjusted accordingly to
compensate for the change. 38. Time for paYing Surface Rental Contractor
shall pay surface rental for the first Calendar Year within a period of
thirty (30) days after the Effective Date, and for each successive Calendar
Year within thirty (30) days after the beginning of the Calendar Year. 39. Signature and Production Bonus Any
signature bonus shall be paid within thirty (30) days of the Effective Date
and any production bonuses shall be paid within ninety (90) days of the
Commercial Production Day, if the Petroleum Agreement includes the provision
for such payments. CHAPTER
IX: INSPECTION AND INVESTIGATIONS 40. Inspections and Investigations 40.1
An Inspector may at any time visit any contract Area and initiate
inspections and investigations. 40.2
An Inspector may take necessary equipment and personnel along with
him while undertaking inspections and investigations under sub-article 40.1. 41. Power to Demand Clarification In
course of inspections and investigations in case it is found that a
Contractor has failed to perform his work in accordance with these
Regulations or the Petroleum Agreement, or it is found to have committed any
irregularities, the Inspector may ask for clarification from Contractor in
respect thereof, and Contractor shall give a written explanation within the
time prescribed by the Inspector. 42. Inspection and Investigation
reports 42.1
An Inspector shall submit the report of inspections and
investigations to the Ministry of Industry within the time limit prescribed
by the Ministry of Industry. 42.2
After receiving reports under sub-article 42.1, the Ministry of
Industry may issue necessary directives to Contractor, and it shall be
Contractor' s duty to comply with them. CHAPTER
X: ADVISORY BOARD 43. Constitution of Petroleum
Advisory Board 43.1
A Petroleum Advisory Board comprising the following members shall be
constituted for advising the Cambodian Government on matters relating to
Petroleum Operations: (a) Minister of Industry, Chairman (b) Secretary of State and/or Under Secretary of State,
Ministry of Planning, Member (c) Secretary of State and/or Under Secretary of State,
Ministry of Industry, Member (d) Secretary of State and/or Under Secretary of State,
Ministry of Finance, Member (e) Secretary of State and/or Under Secretary of State,
Ministry of Commerce, Member (f) Secretary of State and/or Under Secretary of State,
Ministry of Agriculture, Member (g) Secretary of state and/or Under Secretary of State,
Ministry of Interior, Member (h) Secretary of State and/or Under Secretary of State,
Ministry of National Defense, Member (I) Secretary of State and/or Under Secretary of State,
Ministry of Environment, Member (j) Secretary of State and/or Under Secretary of State,
Ministry of Foreign Affair and International Cooperation, Member (k) Secretary of State and/or Under Secretary of State,
Ministry of Public Work and Transportation, Member (l) Representative of the Cambodian Development Council,
Member (m) Termination of Petroleum Agreements (n) Any other matters referred by the Cambodia
Government 43.2
The Cambodian Government may change the size or the composition of
the Board Constituted under sub-article 43.1 by a notification published in
the Cambodian Gazette. 43.3
The Board may, if it so deems necessary, invite any local or foreign
individual who is well-acquainted with the Petroleum industry to participate
in its meetings in the capacity of an observer. 44. Functions Duties and Powers of
the Board The
duty of the Board shall be to advise the Cambodian Government on the
following matters: (a)
Selection of Contractor to carry out Petroleum Operations. (b)
Amendments of Petroleum Agreements. (c)
Extension of Production Periods. (d)
Participation by the Cambodian Government in Petroleum Operations. (e)
Supply of Petroleum to meet internal demand. (f)
Imposition of temporary ban on the export of Petroleum. (g)
Marketing of Government's Entitlement to Petroleum. (h)
Transfers of rights and obligations by Contractors. (i)
Joint Venture arrangements. (j)
Arbitration. (k)
Termination of Petroleum Agreements. (l)
Any other matters referred by the Cambodian Government. 45. MEETINGS AND PROCEDURE OF THE BOARD 45.1
Meetings of the Board shall be held at the time and venue specified
by the Chairman. 45.2
Meetings of the Board shall be presided over by the Chairman, and, in
his absence, by a person designated by the Chairman, or by a person selected
by the members in case the Chairman has not designated any person to preside
over the meeting. 45.3
The opinion of the majority shall be binding at meetings of the
Board. In the event of a tie, the person presiding over the meeting may
exercise a casting vote. 45.4
The Member-Secretary shall record and certify the decisions of the
Board. 45.5
Other procedures of the Board shall be as determined by the Board. CHAPTER
XI: GOVERNMENT PARTICIPATION 46. Right of Participation The
Cambodian Government shall have the right to participate in Petroleum
Operations under Petroleum Agreements, to the extent of the percentage
interest specified in a Petroleum Agreement. 47. Procedure for Participation The
procedures for participation by the Cambodian Government in Petroleum
Operations under a Petroleum Agreement shall be as specified in the
Petroleum Agreement. 48. Reimbursement of the
Expenditure In
case the Cambodian Government participates in Petroleum Operations, it shall
reimburse to Contractor its share of Petroleum Costs without interest
incurred by Contractor up to the time the Cambodian Government elects to
participate, on the terms specified in the Petroleum Agreement. However, in
no.case shall the Cambodian Government reimburse any share of expenses
incurred by Contractor for training and education, bonus and any other
payments made by Contractor to the Cambodian Government. 49. Operating Agreement In
case the Cambodian Government participates in Petroleum Operations under a
Petroleum Agreement, an operating Agreement shall be concluded between the
Cambodian Government and contractor according to international oil industry
practice. |