Provisions on Liability for Decommissioning of Upstream Offshore Oil and Gas Infrastructure in Investor–State Contracts

Executive Summary

• Decommissioning upstream offshore oil and gas operations involves dismantling infrastructure and equipment and mitigating their environmental impacts when the oil or gas resource becomes depleted or economically unviable. Stricter climate policy and the energy transition away from fossil fuels are likely to accelerate decommissioning processes.
• Domestic statutes, decrees, and regulations that apply to the oil and gas industry are ideally suited for governing decommissioning liability. In principle, these instruments are not subject to negotiation with private entities, reducing their leverage in setting decommissioning obligations, in particular those related to environmental and financial matters.
• Oil and gas contracts between the host state and private oil and gas companies may include decommissioning provisions, whether to govern the issue comprehensively where statutory or regulatory frameworks are silent on the issue or to complement them.
• Where statutory and regulatory frameworks are insufficient, contracts should include provisions governing decommissioning as an integral stage occurring at the end of the project (and not as a post-project activity), factoring in the health, environmental, safety, and financial risks it entails throughout the project’s life cycle.
• As part of an analysis commissioned by the Institute for Energy Economics and Financial Analysis (IEEFA), this paper examines contractual provisions related to decommissioning or abandonment of offshore oil and gas extraction infrastructure from various jurisdictions for which contracts are available on ResourceContracts.org.