You are on page 1of 5

Journal of Economics, Business and Management, Vol. 6, No.

2, May 2018

Indonesia’s New Gross Split PSC:


Is It More Superior Than the Previous Standard PSC?
M J Giranza and A Bergmann

assessment of the probabilities of the alternative outcomes


Abstract—Indonesia became an oil importer for the first time that can mean greater or smaller profit (or loss) for the
in 2003 and will face the excess of natural gas demand venture. Exploration activity will increase if the oil price is
compared to supply by 2019. The reason of declining supply of high and fiscal term is superior for both investors and
oil and gas is the lack of exploration. The low exploration
governments.
activity in Indonesia was started after the Indonesian
Legislation 22/2001 just was launched. In January 2017, One of exploration parameter which can be measured is the
Minister of Energy and Mineral Resources issued the Minister total well drilled. From 1980 to 1985, oil price was higher
Regulation No. 08/2017 to increase the efficiency and effectivity than US$ 60/bbl and there are more than 150 wells were
of split production between the government and contractors. drilled per year. On contrary, from 1986 to 2002, the oil price
This research aims to compare standard PSC and gross split remained stagnant at level US$ 35-60. Consequently, the
PSC in order to prove whether the new regulation gives more
total well drilled was not high as a period before. Only around
superior fiscal regime for the government and contractor or not.
This study assess the economic evaluation of governments and 80-150 well which were drilled during that period. But in the
contractor take in rokan block PSC and conduct qualitative next period, from 2002 to 2015, there was an unusual trend of
comparative for both of fiscal petroleum contracts. The criteria exploration activity. Even though the oil price was very high
that will be exercised are revenue raising potential, neutrality, and has ever reached more than US$ 100/bbl, the total well
risks, adaptability and progressivity, administration, and drilled is fewer than one period before. The total well drilled
project sensitivity analysis of contractor take based on the
fluctuated and was always lower than 100 well drilled per
change average cost. In conclusion, gross split PSC is not more
superior fiscal regime than standard net PSC. Although the year. Based on the data, the low exploration activity during
gross split PSC gives the better structure of progressivity and that period was started after the Indonesian Legislation
simple administration, the exceed risks for contractors 22/2001, which is regarding oil and gas business in Indonesia,
regarding the profitability make the sharing risk is not balance. just was launched [5].
The best way to attract the investors in the term of gross split In January 2017, Minister of Energy and Mineral Resource
PSC is adding the incentive for contractors without changing
Republic of Indonesia issued a fundamental regulation,
the oil split in the government regulation which is block basis
ringfence policy. which is Minister Regulation No. 08/2017 about the new
fiscal regime in the upstream sector of oil and gas business.
Index Terms—Production sharing contract, Indonesian PSC, The government imposed Gross Split Production Sharing
gross split PSC, rokan block. Contract as a new regulation which changed the previous rule.
According to Minister Regulation No. 08/2017, the main
reason of this policy is to increase the efficiency and
I. INTRODUCTION effectivity of split production between the government and
Indonesia is well-known as a natural gas exporter in the contractors. Indonesian Government also hope that the new
world since the 1970s [1]. But according to reference [2], the regulation will give the higher exploration activity to increase
nation will face the excess of natural gas demand compared the total oil and gas production.
to supply by 2019. Since 2003, Indonesia became an oil This research aims to compare standard PSC and gross
importer for the first time and this condition can happen for split PSC in order to prove whether the new regulation gives
the natural gas commodity. With respect to the natural gas more superior fiscal regime for the government and
supply and demand, the margin between combined supply contractors or not. This research is important not only for
and the next 15 years demand results to a negative supply investors, but also for Indonesia’s energy policy makers and
after the year 2019 [3]. stakeholders. Future investors could derive valuable
According to reference [4], the reason of declining supply information regarding the comparative analysis of two type
of oil and gas is the lack of exploration. At least, there are two of PSC in Indonesia. Equally, energy stakeholders could
main reasons for investors when they decide to invest money make a positive contribution to future policy improvement by
in oil and gas exploration, which are oil price and fiscal term knowing the problems petroleum fiscal contract in Indonesia
[5]-[8] The investment cost is partially or completely and make recommendations based on the aspects which are
irreversible [9]. In other words, the initial cost of investment assessed in this research.
is at least partially sunk. Also, there is uncertainty over the
future rewards from the investment. Consequently, it needs
II. INDONESIAN PSC
Manuscript received October 4, 2017; revised May 15, 2018. The ideal fiscal systems are designed to simplify the
M J Giranza and A Bergmann are with CEPMLP, University of Dundee, implementation and give the contractor a fair rate of return on
Dundee, Scotland, UK (email: m.j.giranza@dundee.ac.uk, the investment and provide the government a proper
E.A.Bergmann@dundee.ac.uk).

doi: 10.18178/joebm.2018.6.2.549 51
Journal of Economics, Business and Management, Vol. 6, No. 2, May 2018

economic rent [10]. Investors are not attracted to invest if the According to Minister Regulation No. 08/2017 regarding
profit is too low and/or the risks are too high and vice versa Indonesian gross split PSC, the oil split can be increasing or
for governments [11]. Consequently, governments have to decreasing by variable split and progressive split. The
design a superior petroleum fiscal regime to fulfil the target variable split is an adjustment of oil split based on the
of both parties. characteristics of a field, such as field status, field location,
block status, reservoir depth, reservoir type (e.g.
A. Indonesian Standard PSC
conventional or non-conventional), availability of supporting
Generally, there are some criteria that must be assessed by infrastructure, carbon dioxide content and domestic
investors before making the investment decision in the component level as can be seen in appendix. This gross split
upstream of oil and gas business. The first aspect to consider also will be adjusted based on the progressive factors such as
is geological risks of a block [11]. Another important aspect oil price, accumulative oil and gas production, and certain
to be considered by the investors is fiscal contract (taxation economic level.
system) applied in that country. Both geological aspect and
fiscal contract determine the attractiveness of the industry in C. The Previous Study of Standard and Gross Split PSC
a country [6]-[8]. Both aspects are the most important Comparative Analysis
because it influences the profitability of investor. Besides the There are only several literatures which has compared the
economic evaluation, there are several aspects that can be standard PSC and gross split PSC in Indonesia because the
assessed to evaluate the fiscal regimes, which are neutrality, new regulation is just imposed in 2017.
revenue raising potential, risk to government (stability and In April 2017, Wood Mackenzie applied the gross split
timing of government revenue), effects on investor PSC to Offshore North West Java (ONWJ), Sanga Sanga, and
perceptions of risk, and their adaptability and progressivity South East Sumatra contract extension. Those PSCs will be
[6]-[8]. transferred to Pertamina in 2017-2018 under gross split terms.
The main fiscal components of Indonesian PSC are taxes, According to its calculation, Fig. 1 illustrates that the
profit oil, and cost recovery [8]. There are three important modeling extensions for the expiring South East Sumatra,
evolution phases of PSC, which are PSC 1st generation, 2nd Sanga Sanga and North West Java Sea (ONWJ) PSCs under
generation, and 3rd generation [12]. In this paper, we focus to the gross split would reduce total contractor value by US$480
PSC 3rd generation, which is the standard PSC that was million and increase total government share by US$470
imposed before gross split PSC. million [17].
In PSC 3rd Generation, Indonesian government and
contractor have a right to take 20% of gross revenue before
cost recovery mechanism. This term is called first tranche
petroleum (FTP). Unlike royalty, the percentage of FTP is
divided between government and contractor based on their
split. Regarding oil split, the percentage is 71.1538% and
28.8462% for the government and contractor respectively
[12].
One of the way to secure the domestic oil and gas supply is
by imposing Domestic Market Obligation. According to
Indonesian Law of Oil and Gas No. 22/2001, Domestic
Market Obligation (DMO) is the obligation of contractor to
sell its oil to domestic market in a certain level. For the first 5
years, DMO oil is purchased by the government with the
normal market price. It is called DMO holiday. But after 5
years, contractor must sell the oil in 25% market price to
Indonesian government [13]. Fig. 1. Economic evaluation chart of south east Sumatra, Sanga Sanga, and
The oil and gas contractor tax has decreased since the first ONWJ blocks [24].
generation of PSC from 56%, 48%, 44%, and 42,4%.
According to Government Regulation No. 79/2010, the The graph shows that the gross split PSC will not attract
effective tax for contractor which sign the contract after 2010 new investment in current form. Higher contractor share is
is 40% [14]. When the contract is expired, the expired block required to attract the investors and further regulatory
will be offered first to Pertamina, which is Indonesian reforms are required to realise more efficient operations [17].
National Oil Company, to develop the oil field. If Pertamina Moreover, Pinsent Masons' economic analysis indicates a
is not eligible to acquire the blok, the IOC can get the next negative impact on project economics under the Gross Split
chance [15]. This regulation is stated in Minister Regulation PSC [18]. For a range of hypothetical exploration prospects,
No 15/2015. the PSC Contractor’s NPV under the Gross Split PSC is
lower when compared on a like-for-like basis with the
B. Indonesian Gross Split PSC existing Cost Recovery PSC terms. For developments
The main difference gross split PSC with the standard PSC offshore, Pinsent Masons found that the Gross Split PSC
is that the oil split is divided from the gross production could render development of new gas discoveries
without cost recovery mechanism. The base split for the uneconomic and thus deter new investment in exploration,
governments and contractors is 57:43 for oil and 52:48 for particularly in offshore and frontier areas. For gas projects,
gas [16]. the Gross Split PSC terms are particularly punitive as gas

52
Journal of Economics, Business and Management, Vol. 6, No. 2, May 2018

projects (a) typically require high upfront investment, (b) governments and contractors take based on the different PSC
have a longer but flatter production profile, and (c) typically scheme and data that are already mentioned before.
receive a lower price (fixed in Indonesia for domestic gas)
than oil. Therefore, it’s likely to take even longer for a PSC TABLE I: A COMPARISON OF THE SPLIT OF ONE BARREL OIL IN STANDARD
PSC
Contractor to recover the upfront investment, and that is Cumulative Gross Revenue
before the lack of variable splits offered for gas projects is
considered. Contractor Government
Share 46.65 Share
A more efficient and lower cost industry is one of the key
objectives of the Gross Split PSC terms [18]. A reduction in 2.69 FTP 20% 6.64
costs in the region of 10-20% would improve the economics 37.32
for half of the hypothetical developments outlined above.
23.00 Cost Recovery
However, it is far from clear whether the industry will be able
to reduce costs, given Indonesia’s regulatory framework and 14.32 Profit Oil
the uncertainty surrounding previously discussed elements of 4.13 Profit Oil Split 29:71 10.19
the Gross Split PSC implementation. For the past two years -7.21 DMO 25% 7.21
or so, with a backdrop of a US$30-$50/per barrel oil price,
1.80 DMO Fee -1.80
many operators have been striving to reduce operating costs
and increase efficiencies as far as possible. 1.23 Effective Tax 40% -1.23
25.65 Division of Gross Revenue 21.00
2.65 Division of Cash Flow 21.00
III. DATA AND METHODOLOGY
11.19 Take 88.81
The numerical data to be quantitatively analysed is
obtained from a report of Wood Mackenzie regarding Rokan 63.93 Lifting Entitlement 36.07
PSC in Central Sumatra. This data is selected due to the fact
TABLE II: A COMPARISON OF THE SPLIT OF ONE BARREL OIL IN GROSS
that the project will be expired in October 2021 and will sign SPLIT PSC
a new contract of gross split PSC [19]. Cumulative Gross Revenue
The data based on the report from reference [17] and
Contractor Government
additional assumptions for this case are as follow: Share 46.65 Share
1) The new contract which will be signed in 2022 is the
25.19 Profit Oil Split 54/46 21.46
third Plan of Development (POD)
2) Period of contracts between governments and IOC is 20 25.19
years 20.00 Deductions
3) Oil price is flat in exploration and exploitation periods at
5.19 Taxable Income
$50/barrel
4) The average cost of Rokan Block is US$ 23/bbl -2.08 Effective Tax 40% 2.08
5) Indonesian Government has 15% working interests 0.00 Other tax 0.00
6) Both schemes allow contractor to carry forward the loss
25.19 Division of Gross Revenue 23.54
for 5 years
7) Indonesian National Oil Company, which is Pertamina, 3.11 Division of Cash Flow 23.54
has a privilege to acquire the expired block 11.69 Take 88.31
8) The minimum local content for both of schemes is 25%
54.00 Lifting Entitlement 46.00
9) The effective tax for both of schemes is 40%
10) Both schemes impose the ringfence policy in a field level
Based on the calculation, gross split PSC obtain around 5%
11) The exploration period was 4 years
lower contractors take than standard net PSC. The case study
of Rokan PSC shows the similar result with Offshore North
This paper will firstly go into detail about the difference
West Java (ONWJ), Sanga Sanga, and South East Sumatra
scheme of standard net PSC and gross split PSC. Secondly,
case study conducted by Wood Mackenzie in 2017. The main
the study objectives are to assess the economic evaluation of
reason of the low contractor take is that the contractor split is
governments and IOC take and to conduct qualitative
only 54% without cost recovery mechanism. The calculation
comparative for both of fiscal petroleum contracts. The
will be different if the field has several characteristics such as
criteria that will be exercised are revenue raising potential,
non-conventional reservoir, depth reservoir, frontier area,
neutrality, risks, adaptability and progressivity, and
and deep water location which can give the additional
administration. Moreover, this research will perform project
contractor split. The way that can be taken by contractor is
sensitivity analysis of contractor take based on the change
reducing the cost. Due to the fact that there is no cost
average cost.
recovery mechanism, the high cost which is spent by the
contractor will decrease the take.
Based on sensitivity analysis, the Fig. 2 shows that the
IV. RESULT AND DISCUSSION
contractor take in gross split PSC will be same with the
A. Contractor and Government Take contractor take in standard net PSC, which is around 11%, if
The Table I and Table II below show the calculation of the contractor can increase the efficiency of cost up to

53
Journal of Economics, Business and Management, Vol. 6, No. 2, May 2018

US$ 20/bbl. production is still low. On contrary, the government will


capture a part of contractor’s profit when the contractor has
produced much oil or when the price is high.
Thus, it is clear that fiscal regime gross split PSC is more
progressive than standard net PSC.
E. Risks
Risks will affect both of governments and IOC. When the
contract is expired, IOC in Indonesia has a higher risk
because there is a privilege for Pertamina to acquire the
expired contract.
In gross split PSC, risk for contractors regarding cost is
higher because there is no cost recovery mechanism. If the
Fig. 2. Sensitivity analysis of average cost in gross split PSC. cost is higher or equal to contractor’s split, they will no obtain
any profit. Contractors need to be more selective and efficient.
But there is an advantage of this mechanism which is the
B. Revenue Raising Potential
contractors do not need to ask the approval for budget to SKK
In exploration stages, cash flow of contractor will be Migas. It gives an easier bureaucracy and opportunity of time
negative because it spends a lot of money to discover the oil efficient.
and have not obtained any profits yet. In both schemes, any The lower control of the government in gross split PSC is
loses in the early stage can be carried forward to deduct the also a risk for the government. In the new scheme, there is no
taxable income. Although the loss carry forward is only for 5 approval of work program and budget from the government
years, this rule will not affect contractor significantly because to investors [16]. Consequently, contractors are able to do
based on additional data consumption, the average of anything to reach the high production and low expenditure.
exploration period is only 4 years so contractor will get From a technical point of view, contractors can boost the
revenue from oil and gas production by year 4. In addition, production over the limit of reservoir ability, especially when
cost that is spent contractors in Indonesia will be higher than they do not get the extension of the PSC contract. The
its expected because they have a high local content as a front government cannot control it because the lack of control.
end loaded cost. In Indonesian government point of view, it Therefore, the reservoir of the extension block, which has a
will get a front end loaded revenue because the money of high probability to be controlled by Pertamina, is broken and
contractor must go into governments pocket in a certain no longer give the optimum oil production.
proportion of investments. Both of fiscal regimes impose the The best way to attract the investors in the term of gross
minimum of 25% local content in oil and gas industry. split PSC is adding the incentive for contractors such as block
In early production stage, contractor in gross split PSC will basis ringfence policy. In block basis, contractors are able to
get a higher revenue than the standard net PSC because the reimburse the cost that come up in a dry hole field to the cost
government give additional contractor split for the field in the of discovery field as long as they are in a same block. But the
first POD and accumulative production which has not reach a risk of abnormal cost recovery has been anticipated by
certain level. On contrary, gross split PSC will give the lower imposing the maximum cost oil by governments.
split for contractor for the old oil field which has produce Consequently, the maximum cost oil that can be recovered by
much oil. On the other hand, the governments in standard governments is no more than 80% because of First Tranche
PSC will get the same proportion of share although the Petroleum (FTP). On contrary, block basis policy can give an
contractor obtain a low or high production or economic level. advantage for both parties because it will increase the
C. Neutrality possibility of discovering oil in new fields. IOC will explore
Neutrality is a tax which does not affect the investment and drill more well to discover the oil because they know that
the cost can be recovered by another discovery field.
decision although this tax is exist or absent. Profit-based
taxes and state equity instruments rank more highly under Discovering new oil reserves will benefit the IOC and
governments.
this criterion [20]. Based on the data, it is clear that both of
fiscal regimes give the equal neutrality. F. Administration
D. Progressivity Gross split PSC holds its attractions to host governments
because it is relatively simple to administer. It is easier to
A more progressive fiscal regime will give some relief for
contractors when the rate of return is very low and allow calculate the take of government and contractor. Moreover,
governments to increase their share when the project is highly work program and budget of contractor is not needed to
approve by government. According to reference [4], approval
profitable [21]. In case given, there is an incentive in a certain
economic level for contractors in gross split scheme. The of work program and budget by government spends 1-2 years.
contractor will obtain a higher oil share, which is additional 5% Consequently, gross split PSC give the less bureaucracy and
efficient regulation.
split, when the profit is more than a certain economic level
and vice versa. Also, oil price and accumulative production
influence the split scheme between government and
contractor. The government will give some reliefs to V. CONCLUSION
contractors when the oil price is low and the accumulative In conclusion, gross split PSC is not more superior fiscal

54
Journal of Economics, Business and Management, Vol. 6, No. 2, May 2018

regime than standard net PSC. Although the gross split PSC [19] M. A. Mian, "Designing efficient fiscal systems," in Proc. SPE
Hydrocarbon Economics and Evaluation Symposium, 2010.
gives the better structure of progressivity and simple [20] P. Daniel, B. Goldsworth, W. Maliszewski, D. M. Puyo and A. Watson,
administration, the exceed risks for contractors regarding the "Evaluating fiscal regimes for resource projects: An example from oil
profitability make the sharing risk is not balance. development," in Proc. IMF Conference on Taxing Natural Resources:
New Challenges and New Perspectives, 2008.
The ways which can be done by contractors are cost
[21] P. Daniel, M. Keen and C. McPherson, The Taxation of Petroleum
efficiency and boost production. Risks will affect both of and Minerals: Principles, Problems and Practice, Washington, D.C.:
governments and IOC. But, boosting the production over Routledge/International Monetary Fund, 2010.
limit gives the negative impact for Indonesian government
because the reservoir condition will be not optimum in the
next plan of development contract. Also, changing back to
standard net PSC is not a good choice because the investor Mohamad Jeffry Giranza, MSc, who has finished
the undergraduate study at Bandung Institute of
dislikes the instability of the regulation. The best way to Technology with highly satisfactory predicate and
attract the investors in the term of gross split PSC is adding just finished master in energy economics at the
the incentive for contractors which is block basis ring-fence University of Dundee in June 2018. Jeffry has worked
on the project of world bank in ministry of energy and
policy. This policy will encourage contractors to drill more mineral resources for 1 year. At that time, he was
wells. Therefore, probability of discovering new oil reserves working on analyzing the fiscal policies applied by
will be higher and it benefit the IOC and governments the government and how it affected the PSC
economics of oil and gas companies. Also, his two
without changing the oil split in the government regulation. years work experience as a commercial analyst at PT Pelindo Energi
Logistik which has built the first mini scale LNG receiving terminal in
ACKNOWLEDGMENT Indonesia accelerated his critical thinking of technical and economical
aspects. In 2017, he joined the internship program in SKK Migas. He
We would like to thank the Centre for Energy, Petroleum, assessed the cost proposed by contractors using two different methods,
Mineral Law, and Policy, University of Dundee for supports. Historical Cost Database & Application (HCDA) analysis and Current Cost
Mohamad Jeffry Giranza is grateful to the LPDP (Indonesia & Database Application (CCDA) analysis. Also, he analyzed the economic
valuation of the unitization field of Jambaran – Tiung Biru using
Endowment Fund for Education) for financial support conventional Discounted Cash Flow (DCF) with PSC scheme.
through masters postgraduate scholarships.

REFERENCES Eric Ariel Bergmann joined the Centre in


[1] Ministry of Energy and Mineral Resources, Statistik Migas 2015, vol. September 2009 as a lecturer in Energy
13, 2015. Economics. He graduated in 2006 from the
[2] Ministry of Energy and Mineral Resources, Roadmap of Indonesian University of Glasgow with a Ph.D. in economics
Natural Gas Policy 2014-2030, 2014. having researched and published on the economics
[3] I. G. N. W. Pudja, D. Dwiantoro and M. R. Simarmata, Virtual Pipeline of renewable energy. He wrote on the evolution of
to Support Natural Gas Infrastructures Development in Eastern institutions and political economy of renewable
Indonesia Region, 2016. energy, valuing the environmental attributes of
[4] National Exploration Committee, Ministry of Energy and Mineral renewable energy projects, and models of green certificate trading. He has an
Resources, Final Report 2017, 2017. M.A. economics (1997) with fields in labour economics and international
[5] SKK Migas, Indonesian Fiscal System Through Times, 2017. Trade and a B.A. economics (1981). Both degrees were earned at the
[6] I. M. Abdul Rashid, R. D. Putrohari, A. Kasyanto, and S. Heri, "PSC University of Colorado. His research interests have been oriented to the
term and condition and its implementation in South East Asia region" interface between environmental issues and energy economics. Dr.
in Proc. Thirty-First Annual Convention and Exhibition, May, 2007, Bergmann has extensive research experience in non-market valuation using
pp. 1-18. stated preference/choice experiment research methods, financial modelling
[7] Fiscal Affairs Department, Fiscal Regimes for Extractive Industries: of energy and natural resource development projects and sustainability
Design and Implementation, 2012. impact assessment.
[8] D. Johnston, International Petroleum Fiscal Systems and Production Prior to his appointment at Dundee University he was a research fellow at
Sharing Contracts, 1st ed. Tulsa: PennWell Publishing Company, Edinburgh Napier University's Employment Research Institute (2007-09)
1994. and a teaching assistant at Stirling University (2004-09). He has taught
[9] A. Dixit and R. Pindyck, Investment Under Uncertainty, 1994. graduate level courses in mineral and petroleum taxation, energy markets
[10] M. A. Mian, "Designing efficient fiscal systems," in Proc. SPE and econometrics; and undergraduate courses in econometrics, mathematical
Hydrocarbon Economics and Evaluation Symposium, 2010. Economics, corporate strategy, intermediate microeconomics, and
[11] S. B. Suslick, D. Schiozer, and M. R. Rodriguez, "Uncertainty and risk introductory Micro- and Macroeconomics.
analysis in petroleum exploration and production," TERRÆ, vol. 6, no. Since 2005 Dr. Bergmann has provided economic consulting services to
1, pp. 30-41, 2009 energy companies, environmental groups, non-governmental organisations,
[12] B. Lubiantara, Ekonomi Migas, 2012. European and American local governments, non-governmental agencies and
[13] Indonesian Government, Law of Oil and Gas No.22/2001, 2001. small enterprises on issues ranging from project feasibility studies, impact of
[14] Indonesian Government, Government Regulation No. 79/2010, 2010 environmental regulation, provision of social and governmental services,
[15] Ministry of Energy and Mineral Resources, Minister Regulation No social preferences, and economic impact analysis. In 2010 he provided
15/2015, 2015. consulting services to a super-major oil company on the potential economic
[16] Ministry of Energy and Mineral Resources, Minister Regulation No. impacts from new regulatory actions to protect endangered species in
08/2017, 2017. Alaska.
[17] Wood Mackenzie, Indonesia’s Gross Split PSC : Improved efficiency
at risk of lower investment? 2017.
[18] Pinsent Masons, Indonesia’s New Gross Split PSC, right structure,
wrong split? 2017.

55

You might also like