OIL AND GAS CONTRACTS:DOMESTIC AND INTERNATIONAL

OIL AND GAS CONTRACTS:DOMESTIC AND INTERNATIONAL
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You
may
use
your
course
book,
your
course
notes,
class
handouts,
Twen
materials
and
examination
packet.
You
may
refer
to
the
4thTanzania
Offshore
Licensing
Round
Websitehttp://www.tz-­-
licensing-­-round.com/
and
any
other
materials
you
wish.
You
are
a
second
year
associate
in
the
Peruna
Law
Firm,
based
in
Dallas,
Texas.
The
Peruna
Firm
is
a
global
energy
firm
with
offices
worldwide.
Recently
the
Peruna
Firm
assisted
the
United
Republic
of
Tanzania
to
organize
its
4th
Offshore
Licensing
Round.
The
Mexico
City
office
of
the
Peruna
Firm
has
been
approached
by
Senator
De
La
Garza,
who
is
looking
to
form
a
multi-­-party
consensus
on
a
New
Energy
Reform
program
for
Mexico.
Senator
De
La
Garza
has
heard
that
the
international
energy
industry
is
very
excited
about
the
Tanzania
Offshore
Licensing
Round,
including
the
draft
Tanzania
Model
Production
Sharing
Agreement,
and
believes
that
there
may
be
lessons
that
Mexico
could
learn
from
Tanzania’s
experience.
The
Senator
has
asked
the
Peruna
Firm
to
provide
recommendations
for
him
to
consider.
The
managing
partner
has
asked
you
to
review
the
Tanzania
Offshore
Licensing
Round
materials,
including
the
Petroleum
(Exploration
and
Production)
Act
(file
#1)
and
the
Model
Production
Sharing
Agreement
(file
#2),
in
light
of
the
constitutional
and
legal
constraints
on
the
petroleum
industry
in
Mexico
as
set
out
in
a
powerpoint
presentation
from
Peruna’s
Mexico
City
office
(file
#3)
and
provide
a
report
that
he
can
use
to
advise
Senator
De
La
Garza
on
the
following:
1.
Identify
and
discuss
five
(5)
major
concerns
with
the
Tanzania
Model
Production
Sharing
Agreement
(File
#
2)
that
you
feel
an
IOC
investor
might
have,
including
any
omissions.
In
other
words,
you
may
suggest
deletions,
amendments,
and
additions
to
the
contract.
As
a
general
rule,
you
should
consider
that
one
concern
equates
to
one
Article
of
the
Contract,
including
a
new
Article,
if
any,
that
you
may
determine
should
be
added
to
the
contract.
You
should
prioritize
your
concerns,
beginning
with
your
most
major
concern,
next
most
major
concern,
etc.
until
you
have
discussed
five
major
concerns.
Be
sure
to
identify
and
number
each
of
your
five
major
concerns,
explain
why
you
believe
they
would
be
IOC
concerns,
and
suggest
possible
resolution(s).
In
addressing
your
concerns,
you
should
consider
that
Senator
De
La
Garza
will
be
successful
in
obtaining
changes
to
Mexico’s
Constitution
and
laws
to
permit
a
Tanzania
style
contract.
Do
not
discuss
Mexican
Constitutional
issues;
focus
on
the
contract.
2.
If
Mexico
adopts
a
Tanzania
style
contract,
would
IOCs
be
required
to
provide
Pemex
with
a
copy
of
their
Joint
Operating
Agreement?
What
is
the
basis
for
your
answer?
Would
providing
a
copy
of
the
JOA
be
a
concern
for
an
IOC?
Why?
Should
Mexico
nonetheless
insist
on
being
given
a
copy?
For
purposes
of
this
exam,
your
report
must
be
abbreviated
to
respond
only
to
the
above
matters.
Do
not
draft
an
introduction
or
conclusion
for
the
report.
Your
total
answer
may
not
exceed
2,500
words.
Note,
however,
that
we
are
much
more
interested
in
a
“quality”
answer
than
a
“quantity”
answer;
you
may
not
need
all
the
words.
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