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Chad-Petroleum-Sector-Diagnostic Public Disclosure Authorized Extractives-led Local Economic Diversification Public Disclosure Authorized Chad Petroleum Sector Diagnostic Report Public Disclosure Authorized February 2019 Public Disclosure Authorized P a g e 1 | 143 Copyright © 2019 The International Bank for Reconstruction and Development/The World Bank 1818 H Street, NW Washington, DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org World Bank reports are published to communicate the results of the Bank’s work to the development community with the least possible delay. The manuscript of this paper therefore has not been prepared in accordance with the procedures appropriate to formally edited texts. Some sources cited in this paper may be informal documents that are not readily available. This paper is a product of the staff of the International Bank for Reconstruction and Development/The World Bank. The findings, interpretations, and conclusions expressed in this paper do not necessarily reflect the views of the Executive Directors of The World Bank or the governments they represent. They are entirely those of the author(s) and should not be attributed in any manner to the World Bank, or its affiliated organizations, or to members of its board of executive directors for the countries they represent. The World Bank does not guarantee the accuracy of the data included in this publication and accepts no responsibility whatsoever for any consequence of their use. The boundaries, colors, denominations, other information shown on any map in this paper do not imply on the part of the World Bank Group any judgment on the legal status or any territory or the endorsement of acceptance of such boundaries. Rights and Permissions The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The International Bank for Reconstruction and Development/The World Bank encourages dissemination of its work and will normally grant permission to reproduce portions of the work promptly. Queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2422; e-mail: [email protected]. P a g e 2 | 143 Acknowledgements The report was undertaken and written by Silvana Tordo (Lead Energy Economist, Energy and Extractives Global Practice, World Bank), with John Weston (Geoscientist, Consultant), Bob George (Tax Policy and Petroleum Sector Expert, Consultant) and Michele Renda (Petroleum Sector Lawyer, Consultant). The team would like to thank the Extractives Global Program Support (EGPS) multi-donor trust fund and the Chad Country Management Unit for their financial support. Comments were received from Alexander Huurdeman (Senior Gas Specialist), Ilhem Salamon (Senior Oil and Gas Specialist), Michael Stanley (Extractives Global Lead), and Helga Treichel (Consultant) all with the Energy and Extractives Global Practice of the World Bank, Fabienne Mroczka (Senior Financial Management Specialist, Governance Global Practice, World Bank), Olanrewaju Malik Kassim (Economist) and Markus Kitzmuller (Senior Economist) both with the Macrofiscal, Trade and Investment Global Practice of the World Bank. Input was also received from the Ministry of Petroleum and Energy of Chad, the Chad Association of Petroleum Operators, and National Hydrocarbons Company of Chad. Special thanks go to Francois Nankobogo (Country Manager for Chad, World Bank), for guidance and overall leadership. P a g e 3 | 143 Contents Acknowledgements ____________________________________________________________ 3 Report context ________________________________________________________________ 8 Executive Summary ___________________________________________________________ 10 1. Chad’s Petroleum Resource Base and Potential ________________________________ 14 1.1 Overview of Petroleum Sector ______________________________________________ 15 1.2 Resources and Reserves ____________________________________________________ 16 1.3 Production _______________________________________________________________ 23 1.4 Exploration Activities and Future Potential ___________________________________ 24 1.5 Development Activities ____________________________________________________ 26 1.6 Profile of Key Players ______________________________________________________ 26 1.7 Considerations for Fostering Sector Development ____________________________ 29 1.8 Feedback from Stakeholders’ Consultation ___________________________________ 30 2. The Petroleum Sector Legal and Regulatory Framework _________________________ 32 2.1 The Legal and Contractual Framework for Petroleum Operations _______________ 33 2.1.1 The Hierarchy of Laws and its Importance ___________________________________________ 33 2.1.2 The Constitutional Basis of Sector Laws _____________________________________________ 34 2.1.3 The Petroleum Law _______________________________________________________________ 35 2.1.4 The Transitional Provisions of the Petroleum Law ____________________________________ 38 2.1.5 Concessionary versus Contractual Systems __________________________________________ 39 2.1.6 The Petroleum Regulations ________________________________________________________ 41 2.1.7 The Petroleum Contracts __________________________________________________________ 42 2.2 The Fiscal Regime for Petroleum Operations _________________________________ 44 2.2.1 The Fiscal Regime for Concessions __________________________________________________ 45 2.2.2 The Fiscal Regime for Production Sharing Contracts __________________________________ 46 2.2.3 The State Participation ____________________________________________________________ 48 2.2.4 Other Forms of Government Take __________________________________________________ 48 2.2.5 The Audit Rights of the State _______________________________________________________ 49 2.2.6 Comparison with Other Jurisdictions _______________________________________________ 49 2.2.6.1 The Competitiveness of Chad’s Fiscal Regime _____________________________________ 50 2.3 Feedback from Stakeholders’ Consultation ___________________________________ 60 Annex 2.A – Chad’s Legal and Contractual Framework: Comparison with International Practice ___________________________________________________________________________ 62 3. Petroleum Sector’s Institutional Framework _______________________________ 75 P a g e 4 | 143 3.1 Sector Institutions _________________________________________________________ 77 3.1.1 The Ministry of Petroleum and Energy: Mandate and Organization _____________________ 78 3.1.2 The National Commission for the Negotiation of Petroleum Conventions: Mandate and Organization____________________________________________________________________________ 83 3.1.3 The National Hydrocarbons Company of Chad (SHT): Mandate and Organization _______ 84 3.2 Inter-ministerial Coordination Mechanisms __________________________________ 95 3.3 Feedback from Stakeholders’ Consultation ___________________________________ 98 Annex 3.A – Open Door Systems or Licensing Rounds: Policy and Design Issues _________ 103 Annex 3.B – Domestic Resource Mobilization and Management Project: Geo-Referenced Cadaster __________________________________________________________________ 105 4. Transparency and Accountability in the Petroleum Sector _______________________ 107 4.1 Governance and Policy Objectives for the Petroleum Sector ___________________ 108 4.2 Transparency in the Petroleum Sector ______________________________________ 109 4.2.1 The Extractive Industry Transparency Initiative _____________________________________ 110 4.2.2 The Legal Framework for Transparency ____________________________________________ 110 4.2.3 The Policy and Procedures for the Allocation of Petroleum Rights _____________________ 112 4.2.4 The Petroleum Cadaster and Contract Management System __________________________ 112 4.2.5 The Flow of Information About the Petroleum Sector ________________________________ 113 4.2.6 Accountability __________________________________________________________________ 116 4.2.7 Enforcement ____________________________________________________________________ 117 4.2.8 Audit as Accountability Tool ______________________________________________________ 117 4.2.9 Petroleum Contract Modeling as Transparency Tool _________________________________ 119 4.3 Feedback from Stakeholders’ Consultation __________________________________ 120 Annex 4.A – The 2016 EITI Standard ____________________________________________ 123 5. Overall Assessment and Priority Areas ______________________________________ 125 5.1 Top Reform Priorities _____________________________________________________ 125 Annex 5.A – Methodology ____________________________________________________ 129 Annex 5.B – Guideposts ______________________________________________________ 133 Annex 5.C – Current Status, Donors’ Support, and Possible Gaps _____________________ 137 P a g e 5 | 143 Abbreviations and Acronyms API American Petroleum Institute Bbls Barrels Bcf Billion cubic feet Bn Bbls Billion barrels BOD Board of directors Bopd Barrels of oil per day CAR Central African Rift CASZ Central African Shear Zone CEMAC Monetary and Economic Community of Central Africa. CNPCI China National Petroleum Corporation International Limited Cost Oil The share of production that contractor can use to recover costs incurred in exploring for, developing and producing oil and gas. CTNSC
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