Considering the state of economic, social, health emergency established by Decree 417 of 2020, and how this situation has affected investments in the hydrocarbons exploration and production sector, ANH proposes regulation aiming to make more flexible the requirements to comply with obligations in the O&G contracts, including: hydrocarbon exploration and production contracts (E&P Contracts); Technical Evaluation Contracts (TEA Contracts) and Special Research Project Contracts (CEPI).
The regulation aims to expand the geographical scope and establish conditions for the accreditation of exploratory obligations established in the E&P and TEA Contracts signed by the ANH and define general guidelines for the accreditation of commitments established in the CEPI Contracts.
For E&P and TEA Contracts, this regulation proposes that the activities or investments agreed as exploratory obligations can be executed by drilling A3 and A2 wells, in any area of Colombian territory included in the areas map issued by ANH. To apply this regulation will be required a prior written notification signed by the legal representative of the contractor addressed to the ANH stating how the obligation will be complied.
These investments will be credited by ANH for wells drilled or that begin drilling during 2021 and 2022, and as of the date that this proposed regulation is duly in force. It will apply only to the specific obligations of the contract indicated by the contractor. This exception shall not grant any rights in the areas where the activities are performed and shall take into account rights of the holders of said areas.
With regard of programs for the benefit of communities (PBCs), ANH will verify that the value of the activities or investments to be executed is taken into accounting for the planning and calculation of PBCs according to the methodology and procedures established in the original contract.
Regarding CEPI agreements, for the purposes of the accreditation of commitments established in Agreement 006 of 2020 and in Clause 18 of these agreements, ANH proposes to adopt the following general guidelines:
- An investment shall be considered executed by the contractor if it is an operational and non-operational activity for the development of the CEPI agreement.
- The presentation of the certificate of delivery of technical information to the Oil Information Bank: BIP or EPIS, will be required only in those activities that apply.
- ANH will recognize the investment executed in the CEPI contracts as allocated by the Contractor.
These guidelines will be further regulated by ANH.
To review the proposed regulation, please click on the following link: https://www.anh.gov.co/la-anh/sobre-la-anh/normatividad/Documentos%20compartidos/2021.11.09-Proyecto%20de%20acuerdo%20condiciones%20de%20acreditacio%CC%81n.pdf
ANH will receive comments on this proposed regulation until November 11th, 2021.