Exploring Employment Options: Canada vs. USA

 It's like, totally clear that TLO had a major impact on how the Brazilian unitization rules were interpreted for the first UAs in the Pre-salt, especially the Tupi and Sapinhoá fields, you know? Thru the transcription of some meetings on these UAs negotiation, it's possible to point out such influences thru the following examples: OMG in the Meeting Minutes of SDP no. 161/2014 (ANP, 2014) it's like totally mentioned that the ANP is all about the Unit Operating Agreement (UOA). The ANP spills the tea to the squads negotiating Lula's AU that the vibes for redetermination should be handled in a UOA, not in the UA. The Meeting Minutes of SDP No. 32/2015 (ANP, 2015), like, totally spill the tea on the industry vibes when it comes to equalizing past costs and production (balance correlative rights). They mention BG, one of the parties to negotiate Lula's UA. So lit, right?

In the Meeting Minutes of SDP No. 151/2015 (ANP, 2015), the convo of the peeps who negotiated the UA of Sapinhoá is reported on the vibe for defining the ITPs.


The parties were like totally split on whether to go with VREC or VOE. And then ANP started inspecting E&P operations, like, it was the beginning of their inspection game. OMG, like Sandoval Amui (2020)85 said, the unitization clause of the Round Zero draft was totally based on the E&P contracts where Braspetro had acted, and on the legislation of other producing countries (like the UK and Norway). Lit, right? Yo, peep this quick history. You can totally see how the Brazilian concession contract was influenced by: i) rules and IPA from other HCs, thanks to the Braspetro techies; ii) rules and international vibes brought by consultants from Gaffney Cline, hired by ANP; and IHS, hired by IBP, plus the knowledge gained from industry reps with international experience; and iii) the academy, with UFBA and UNICAMP joining in to analyze the areas Petrobras keeps. So like, the transfer of rights agreement, the unitization clause was totally prepped based on the Pre-salt Law and the clause of the concession contract for the Tenth Bidding Round. Ya feel? OMG, about the production sharing contract, like, some parts of this contract were totally influenced by the AIPN's Joint Operating Agreement model contract, as I said before, but the unitization clause was like, referring to the current legislation, but in a way shorter way.

First Round Concession Agreement, fam


When the ANP started flexin', with its HQ and squad, Simões Filho (2020) spills the tea that the ANP threw a lit public tender to hire a consultancy to draft the concession contract for the First Bidding Round. Expetro, Gaffney Cline, IHS, and another consulting firm flexed in the competition. Gaffney Cline was the GOAT. Bill Cline totally slayed in leading the squad that drafted the First Bidding Round tender protocol and contract. Yas, queen! OMG, like Bill Cline (2020)86 said that the contract vibes were totally influenced by the Zero Round contract and Gaffney Cline's expertise in making petroleum contracts work with the technical and legal stuff. Lit! Yo, this consultancy company has been slaying it with the regulations they've been working on in Brazil. Their contracts with Venezuela (the 1995 Association Agreement and the 1997 3rd Round), Australia, Indonesia, UK, and the Norwegian North Sea are straight fire. Ribeiro (2020)87 like totally remembers that the first round contract draft were like discussed in meetings held with the IBP. This institute totally made a lit sub-committee to flex and vibe with the suggestions and send them in a super organized way to ANP. This lit sub-committee brought together techies from interested companies that participated in the AIPN meetings and knew the ops of the companies abroad. This consultant recalls that in 1989-90 the Gaffney Cline were commissioned by large IOCs (all of the majors plus some large independents) to develop standards, principles and procedures to expedite and standardize what at that time was a very inefficient, acrimonious and lengthy process. Due to this experience of working over the course of 12-13 months in the North Sea with unitization, he says that the construction of the unitization clause of the first round concession contract was influenced by the experience of the Gaffney Cline in the North Sea.

So, like, these techies brought their industry vibes to the convo.


And like, these techies totally joined in on the training courses hyped up by IBP. Ribeiro (2020) like totally remembers that Thomas Walde was the OG who taught the first international short course about upstream legal issues at IBP back in 1997. So lit! Walde worked in the UN Department of Mineral Law and Policy and visited countries around the world that were implementing E&P regulation, taking the UN guidelines to the process of drafting upstream sector regulation. OMG, like Ribeiro (2020) said, you could totally see the UN Soft Law flex through Walde's moves in trying to influence the rulemaking process of the HCs he visited. It's like he was low-key throwing his weight around, you know? Simões Filho (2020) spills the tea that the concession contract drafts were up for discussion at a lit legal-fiscal workshop in Rio. IBP hired Daniel Yergin, the GOAT of IHS consultancy, to spill the tea on all the companies tryna get in on the first bidding round. Regarding the unitization clause, Cline reports that the Gaffney Cline's view had been considerably influenced by the experience in unitization in the North Sea in the early-mid 90s.

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