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Royalty rates would become flexible, can be lowered to 15%
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Independent arbitration to be added as dispute-solving
mechanism
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Production-sharing contracts to be formalized in law
Jan 22 (Reuters) - A sweeping proposed reform of
Venezuela's hydrocarbons law would allow foreign and local
companies to operate oilfields on their own through a new
contract model, commercialize output and receive sale proceeds
even if acting as minority partners of state company PDVSA,
drafts seen by Reuters on Thursday showed.
Venezuela's interim President Delcy Rodriguez last week
submitted the reform proposal to the National Assembly. It is
expected to overhaul the OPEC country's oil industry by changing
former President Hugo Chavez's landmark oil law.
Lawmakers are scheduled to begin discussion on the reform on
Thursday, following a 50-million-barrel oil supply deal between
Caracas and Washington this month. The deal, agreed after the
U.S. capture of President Nicolas Maduro, gives the U.S. control
of the country's main revenue source, U.S. President Donald
Trump has said.
The National Assembly, led by the interim president's
brother, Jorge Rodriguez, has only a small number of opposition
lawmakers and has not been formally recognized by the U.S.,
following doubts about its legitimacy.
OIL COMPANIES, INVESTORS DEMAND AUTONOMY
Oil executives and potential investors, as part of Washington's
ambitious $100 billion reconstruction plan for Venezuela's
energy industry, are demanding autonomy to produce and export
oil, and receive the cash sale proceeds after Chavez's
nationalizations and assets expropriations two decades ago.
Independent lawyers have warned, however, that the sweeping
reform conflicts with Venezuela's Constitution, which reserves
the oil industry's main activities for the state. The reform
also needs many related laws approved under Chavez and Maduro to
be scrapped, they said.
Some experts have said the contract model proposed by
Rodriguez, which allows companies to independently produce and
export oil through contracts with PDVSA, is contrary to the
joint venture model on which the hydrocarbons law is based.
Those contracts, pushed by Maduro with little success and
whose details were never disclosed publicly, led to the entrance
of small operators into Venezuela's oilfields in recent years
despite U.S. sanctions.
"Companies operating will handle administration at their own
risk and expense. In this model, the state does not acquire
debts, and remuneration is based on a percentage of volumes
(produced)," a summary of the reform expected to be presented on
Thursday and seen by Reuters said, referring to the
production-sharing contract model.
The proposal would allow the government to lower royalties
and related taxes to 15% from 33% for special projects and those
requiring massive investments.
It adds the possibility of resorting to independent
arbitration to solve disputes, a longstanding request from
foreign companies after disagreements and lawsuits aimed at
claiming compensation for assets expropriated in Venezuela.