256 E. N. Andreyeva and V. A. Kryukov
In June 2006, the Minister of Natural Resources, Yuri Trutnev, submitted a new
edition of the Underground Resources Law. At present time the new version has
not been approved yet. The main changes apply to rules of foreign access and
investment to resources that are to be developed. The fields with reserves that are
referred to as ‘strategic assets’, may be developed only by organizations that are
under Russian companies’ control (for gas, reserves of more than 50 billion m
3
;
for oil, more than 70 million tones).
22
These limitations, however, are not referred to geological reconnaissance. If the
foreign company discovers a field with such ‘strategic reserves’, it should form a
joint enterprise with a Russian company, which would have working control of
the stock share. Although the new edition is not accepted at governmental and
parliament level yet, the President, Vladimir Putin, welcomed these new changes:
‘Now, these new rules make the resource use procedure more transparent, and
these limitations serve the interests of national economic security’.
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One of the key problems of implementating major oil and gas projects in
Russia lies in the fact that the current tax system is directed at withdrawal of super
profits resulting from a favorable price climate. Moreover, this tax system does
not take into account the recurring need for large capital investments. The fiscal
regime is not supportive of new capital-intensive projects, such as offshore develop-
ment of the Northern seas shelf, or the on-land fields located at high latitudes.
Operation on the basis of production sharing agreements remains one of the
most attractive forms of investment. But the procedures behind the preparation
and implementation of PSAs are extremely complicated. Before the implementa-
tion can begin, about 28 different coordination and agreement stages have to be
passed through. This, among others, includes statutory acts, auctions in order to
obtain the rights for continental shelf development, adoption to and correspon-
dence with two federal laws and about a dozen regulations at the level of the
RF government, not to mention executive orders (decrees, directions and conclu-
sions on bills). In addition, about 15 sessions of the PSA preparation commission,
15 rounds of negotiations with the investors, over 20 coordination meetings
with ministries and departments, as well as about five expert examinations
(environmental, the Central Committee for Development, the Advisory Council,
the Institute of Legislation and Comparative Jurisprudence and the Ministry of
Economic Development and Trade) are needed. As a result, the procedure of
closing a PSA drags on for two to three years.
All the projects related to development of the oil and gas field in the Russian
Arctic – both onshore and offshore – are export-oriented. Proximity to potential
markets for produced hydrocarbons is useful for several reasons: not just because
of its relative closeness, but also because it is possible to avoid the use of JSC
Transneft’s pipelines. Transneft occupies a monopolistic position in the service
rendering and transportation market.
Another aspect that makes the hydrocarbon production in the North so special
is the significant remoteness of the production areas from the consumption areas.
Therefore, the transportation factor plays a critical role in providing an economically
expedient and acceptable level of production. The main patterns of hydrocarbon