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Nigeria Upstream Fiscal and Regulatory Guide - 2024

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    Report

  • 32 Pages
  • May 2024
  • Region: Nigeria
  • GlobalData
  • ID: 5005381
The upstream fiscal and regulatory outlook of Nigeria underwent a comprehensive reform with the Petroleum Industry Act (PIA) of 2021. Nigeria has implemented different contractual regimes for oil exploration and production, including Production Sharing Agreements (PSAs), Joint Ventures and concessions in the form of Sole Risk agreements, with special conditions for marginal fields. In the latest reform, the Nigerian National Petroleum Corporation (NNPC) is replaced with a limited liability company, NNPC Ltd, and is now enabled for joint venture arrangements, signaling a structural shift within the industry.

The PIA of 2021 aimed to establish a comprehensive framework encompassing regulation, legality, fiscal policies, and governance for the nation's petroleum sector, alongside providing funding for the development of communities. Enacted by President Muhammadu Buhari in August 2021, it represented a significant effort to overhaul Nigeria's petroleum industry, which constitutes over 85% of the country's exports and around 30% of budget revenues. The PIA introduces several alterations to enhance the fiscal attractiveness of oil and gas assets, as detailed in the report.

The fiscal burden varies depending on the regime, with different cost and risk levels associated with each. The timing of taxation being generally front-loaded, and the state participation requirements in PSAs and JVs with the NNPC, significantly increase the discounted state take. PSAs used to offer the most competitive fiscal terms available in Nigeria, but the framework has become less attractive over time, with an increasing state profit share, and lower cost deduction caps, whilst JVs and Sole Risk regimes' fiscal terms were harmonised and improved with the PIA.

“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

  • Gain insights into the regulatory landscape: Get a comprehensive overview of the fiscal and regulatory environment.
  • Understand the impact on business operations: Learn how the regulatory burden affects the cost of doing business.
  • Assess risks and challenges: Identify the potential risks and challenges associated with operating in the country.

Table of Contents

1 Executive Summary
1.1 Regime Overview - Production Sharing Agreement
1.2 Regime Overview - Joint Venture and Concession Agreements
1.3 Timeline
2 State Take Assessment
3 Key Fiscal Terms - Production Sharing Agreements
3.1 Bonuses and Fees
3.2 Royalties
3.3 Cost Recovery
3.4 Profit Sharing
3.5 Direct Taxation
3.6 Deductions and Depreciation
3.7 Indirect Taxation
4 Key Fiscal Terms - Joint Venture, Sole Risk and Marginal Fields
4.1 Fees, Levies and Bonuses
4.2 Royalties
4.3 Taxation
4.4 Tax Incentives
4.5 State Participation
4.6 MoU Regime (JVs only)
5 Regulation and Licensing
5.1 Legal Framework
5.2 Institutional Framework
5.3 Licensing Process
6 Appendix
6.1 References
  • About the Analyst
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List of Tables
Table 1: Regime Overview: Production Sharing Agreements and Concession Agreements
Table 2: Regulatory Overview and Outlook
Table 3: Nigeria, Key Events Since Year 2000
Table 4: Nigeria, Rental fees by license and duration
Table 5: Nigeria, PSA, Minimum Signature Bonus By Terrain or Area (US$), 2005 Bid Round
Table 6: Nigeria, PSA, Required Production Bonus, OPL 905, 2007
Table 7: Nigeria, PSA, Required Production Bonus, OPL 245, 2003
Table 8: Nigeria, Liquid Royalty Rates (%) Under PIA, 2021 Onwards
Table 9: Nigeria, Gas And NGLs Royalty Rate (%) Under PIA, 2021 Onwards
Table 10: Nigeria, Liquid Royalty Rates (%) Based on Oil Price Under PIA, 2021 Onwards
Table 11: Nigeria, DOIBPSC Amendment, Royalty Rates By Terrain And Exploration Maturity, 2019
Table 12: Nigeria, DOIBPSC Amendment, Royalty Rates By Commodity Price, 2019
Table 13: Nigeria, PSA, Royalty Rates (%), 1999 DOIBPSC Decree and 2005 Model PSA
Table 14: Nigeria, PSAs, Onshore and Shallow Water Royalty Rates (%), Pre-2005
Table 15: Nigeria, PSA, Profit Sharing (%) Under PIA
Table 16: Nigeria, PSA, Profit Sharing Framework, 2005 Model PSA
Table 17: Nigeria, PSA, Profit Sharing Framework, Deepwater and Inland Basin, Pre-2005
Table 18: Nigeria, PSA, Profit Sharing Framework, Deepwater and Inland Basin, Pre-2005
Table 19: Nigeria, Hydrocarbon tax, PIA Converted or New licenses
Table 20: Nigeria, Capital Allowances Rates (%) Under PIA
Table 21: Nigeria, PSA, Production Allowance for New Leases Under PIA
Table 22: Nigeria, JV and Sole Risk, Royalty Rates (%) - Liquids
Table 23: Nigeria, JV and Sole Risk, Royalty Rates (%) - Gas
Table 24: Nigeria, Marginal Fields, Royalty Rates (%) - Gas
Table 25: Nigeria, Tax Inversion Operating Cost Thresholds (US$/bbl), 2000 MoU
Table 26: Nigeria, Guaranteed Profit Margin, Applicable Between US$15/bbl and US$19/bbl, 2000 MoU
Table 27: Nigeria, Guaranteed Profit Margin, Applicable Between US$12.50/bbl and US$23/bbl, 1991 MoU
Table 28: Nigeria, Guaranteed Profit Margin, Applicable Between US$12.50/bbl and US$23/bbl, 1986 MoU
Table 29: Nigeria, PSA, Work Program Commitments, Selected PSAs
Table 30: References
List of Figures
Figure 1: Regime Flow Chart - Production Sharing Agreement
Figure 2: Regime Flow Chart - Concession Agreements
Figure 3: Nigeria, Indicative NPV10/boe, IRR (%). Project returns by Regime and Resource Type
Figure 4: Nigeria, State Take Comparison. State-take by Regime and Resource Type
Figure 5: Nigeria, State Take, Price Sensitivity.
Figure 6: Nigeria, State Take Cost Sensitivity.
Figure 7: Nigeria, Legal Framework.
Figure 8: Nigeria, Institutional Framework

Companies Mentioned (Partial List)

A selection of companies mentioned in this report includes, but is not limited to:

  • Nigerian National Petroleum Company Limited (NNPC Ltd)