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  Attachment E: Note o

Attachment E: Note on Selected Treaty Issues in Relation to Extractive Industries1 Executive Summary The extractive industries play a crucial role in the process of sourcing natural resources, which are critical for the development of any economy. (...) Due to the special nature of the extraction of natural resources, several countries include specific provisions regarding extractive industries in tax treaties to secure source taxing rights. (...) Similarly, taxes levied on the export of natural resources, as well as bonus payments for obtaining the right to explore or extract the natural resources are usually not covered by the scope of tax treaties.

Score: 1247633 - https://www.un.org/esa/ffd/wp-...3_AttachmentE_TreatyIssues.pdf

  Transfer Pricing in the O&G

Transfer Pricing in the O&G Transfer Pricing and Extractives • Mandate: To develop a note containing and analyzing some examples on transfer pricing issues in extractive industries, both relating to production of oil and natural gas and relating to mining and minerals extraction • Deliverable: Guidance note on Transfer Pricing Issues in Extractive Industries Team Stig Sollund Joe Andrus - Melinda Brown - Toshio Miyatake Monique van Herksen Oil & Gas Mining Jolanda Schenk Thomas Balco* Alvaro de Juan Ledesma* Johan de La Rey* Karl Schmalz* Eric Mensah* Ignatius Mvula* * Member of the SubCie on Extractive Industries Taxation issues for Developing Countries Guidance Note - Layout 1. (...) Table identifying transfer pricing issues that may arise in the extractives industry according to (major) consecutive stages of the extractive industry value chain 3. Value Chain of Mining and Minerals Extraction 4. Value Chain of Production of Oil and Natural Gas Guidance Note - Layout Table 1 lists the respective phases and common transfer pricing issues that arise during those phases: ① Negotiation & Bidding; ② Prospecting & Exploration; ③ Development; ④ Production (up to concentrate level); ⑤ Processing (Refining & Smelting); ⑥ Sales & Marketing; ⑦ Decommissioning Guidance Note - Layout Format of Table 1 The chapter on Value Chain of Mining and Minerals Extraction lists the functions performed, assets used and risks taxpayers are exposed to in this industry, plus common transfer pricing issues with 8 practical examples originating from actual experience: • Example 1: Export of low value minerals to an intermediary distribution company • Example 2: Coal Group marketing activities • Example 3: Price fluctuations and intermediary sales of Uranium • Example 4: Market off-taker function • Example 5: Buying and Selling of Iron • Example 6: Intercompany financing • Example 7: Copper JV • Example 8: Sale and leaseback of equipment Guidance Note - Layout The chapter on the Value Chain of Production of Oil And Natural Gas identifies: - The upstream, midstream and downstream business; - Industry-specific issues such as The use of a Central Operating Model; Financing Cost; Intra-Group Guarantees; The use of Cost Sharing; The Challenge of Group Synergies; The Industry Practice of Charging at Cost; and The Issue of Ring Fencing Guidance Note - Layout The chapter on Value Chain of Production of Oil and natural Gas also lists 8 practical Examples originating from actual experience. • Example 1: Oil acquired from related companies • Example 2: Structure and operations of a company in the Petroleum Industry, which could lead to practical transfer pricing issues • Example 3: Market volatility issues • Example 4: Financing Costs • Example 5: Horizontal Ring Fencing • Example 6: Cost Sharing Agreement • Example 7: Intercompany charges at Cost • Example 8: Parent company guarantees Guidance Note - Layout Transfer Pricing and Extractives • Mandate: To develop a note containing and analyzing some examples on transfer pricing issues in extractive industries, both relating to production of oil and natural gas and relating to mining and minerals extraction • Deliverable: Guidance note on Transfer Pricing Issues in Extractive Industries Transfer Pricing and Extractives Team Guidance Note - Layout Guidance Note - Layout Guidance Note - Layout Transfer Pricing and Extractives

Score: 1246826.8 - https://www.un.org/esa/ffd/wp-...resentation-TP-extractives.pdf

  Microsoft PowerPoint - 15 Friday - Session 1 (Extractive industries Handbook)

Microsoft PowerPoint - 15 Friday - Session 1 (Extractive industries Handbook) 1 The UN Handbook on the Taxation of Extractive Industries in Developing Countries http://www.un.org/esa/ffd/ Capacity Building Unit Financing for Development Office Department of Economic and Social Affairs Friday, 10 November 2017 (Session 1 – Extractive Industries Taxation) 2 Extractive Industries • Play a substantial role in the economy of many developing countries • In more than 20 countries petroleum revenues comprise at least 10% of national GDP; in some cases this fraction raises as high as 80% or even more • Even where resources are abundant, the government's share depends on how the tax regime impacts the sector • Need to find a balance between attracting investment to explore and develop natural resources and ensuring the government receives a fair share of the country’s resource wealth 3 Addis Ababa Action Agenda • Recognize that countries relying significantly on natural resources face particular challenges • Encourage investment in value addition and processing of natural resources and productive diversification • Stress the need to address excessive tax incentives related to the extractive industries • Encourage countries to implement measures to ensure corporate transparency and accountability of all companies, notably in the extractive industries • Recognize the importance of sharing best practices and promoting peer learning and capacity-building for contract negotiations, and revenue and royalty agreements 4 Subcommittee on Extractive Industries Taxation Issues • Membership comprised a broad range of experts • Develop and update the UN Handbook on Extractive Industries Taxation Issues for Developing Countries • Identify and consider the most pressing issues where guidance may most usefully assist developing countries in this area • Draft policy and administrative guidance for developing countries at a very practical level • Engage with other organizations active in the field 2 5 UN Handbook on Extractive Industries Taxation Issues for Developing Countries An overview note and eight guidance notes on various topics were approved by the Tax Committee. (...) Permanent establishment issues for the extractive industries 6 UN Handbook on Extractive Industries Taxation (cont’d) 4. (...) Transfer Pricing issues in Extractive Industries • The chapter identifies issues that may arise in the extractive industries during consecutive stages of the extractive industries’ value chain and provides suggested solutions for addressing the issues. • Generic case examples, with findings and considerations, are presented on: o a marketing hub, o information challenges, and o management services. • The value chains of mining and mineral extraction, and production of oil and natural gas are described. 14 5.

Score: 1244810 - https://www.un.org/esa/ffd/wp-...4_Extractive_D4_3_Handbook.pdf

  Bureau of Statistics, work unit of the Policy Integration Department

Bureau of Statistics, work unit of the Policy Integration Department ILO is a specialized agency of the United Nations About the ILO Topics Regions Meetings and events Publications Research Labour standards Statistics and databases Français | Español | FAQs | Contact us     Home page Introduction to occupational classifications   ISCO-08   Structure, definitions and correspondence tables     Eurostat Discussion Forum   ISCO-88   Structure & Definitions Alphabetical Index   ISCO-68   Major, Minor and Unit Groups Publication   ISCO-58   Major, Minor and Unit Groups Publication   Web Discussion Join Web Discussion   Papers and articles       3117 MINING AND METALLURGICAL TECHNICIANS   Mining and metallurgical technicians perform technical tasks connected with metallurgical research to develop improved methods of extracting solid minerals, oil and gas, as well as with the design, construction, operation, maintenance and repair of mines and mine installations, systems for transporting and storing oil and natural gas, and plant for extracting metals from their ores and refining metal. Tasks include - (a) providing technical assistance connected with research and the development of processes to determine the properties of metal and new alloys, or of improved methods for the extraction of solid minerals, oil and natural gas, and for transporting and storing oil and natural gas, or testing prototypes; (b) providing technical assistance in geological and topographical surveys, and in the design and layout of oil, natural gas and mineral ore extraction and transport systems, and processing and refining plant for minerals and metals; (c) preparing detailed estimates of quantities and costs of materials and labour required for mineral, oil and natural gas exploration, extraction and transport projects and plant, and for processing and mineral refining plant according to the specifications given; (d) providing technical supervision of the construction, installation, operation, maintenance and repair of mineral ore, oil and natural gas exploration, extraction, transport and storage installations and mineral processing plant to ensure satisfactory performance and compliance with specifications and regulations; (e) applying technical knowledge of mining, of oil and natural gas extraction, transport and storage, and of metallurgical principles and practices in order to identity and solve problems arising in the course of their work; (f) performing related tasks; (g) supervising other workers. Examples of the occupations classified here: Technician, engineering/mining Technician, metallurgy/extractive Some related occupations classified elsewhere: Machine-operator, drilling/mine - 8111 Miner - 7111 Quarrier - 7111     ^ top    Updated 18 September 2004, by VA.

Score: 1242999.3 - https://www.ilo.org/public/eng...reau/stat/isco/isco88/3117.htm

  Bureau of Statistics, work unit of the Policy Integration Department

Bureau of Statistics, work unit of the Policy Integration Department ILO is a specialized agency of the United Nations About the ILO Topics Regions Meetings and events Publications Research Labour standards Statistics and databases Français | Español | FAQs | Contact us     Home page Introduction to occupational classifications   ISCO-08   Structure, definitions and correspondence tables     Eurostat Discussion Forum   ISCO-88   Structure & Definitions Alphabetical Index   ISCO-68   Major, Minor and Unit Groups Publication   ISCO-58   Major, Minor and Unit Groups Publication   Web Discussion Join Web Discussion   Papers and articles       3117 MINING AND METALLURGICAL TECHNICIANS   Mining and metallurgical technicians perform technical tasks connected with metallurgical research to develop improved methods of extracting solid minerals, oil and gas, as well as with the design, construction, operation, maintenance and repair of mines and mine installations, systems for transporting and storing oil and natural gas, and plant for extracting metals from their ores and refining metal. Tasks include - (a) providing technical assistance connected with research and the development of processes to determine the properties of metal and new alloys, or of improved methods for the extraction of solid minerals, oil and natural gas, and for transporting and storing oil and natural gas, or testing prototypes; (b) providing technical assistance in geological and topographical surveys, and in the design and layout of oil, natural gas and mineral ore extraction and transport systems, and processing and refining plant for minerals and metals; (c) preparing detailed estimates of quantities and costs of materials and labour required for mineral, oil and natural gas exploration, extraction and transport projects and plant, and for processing and mineral refining plant according to the specifications given; (d) providing technical supervision of the construction, installation, operation, maintenance and repair of mineral ore, oil and natural gas exploration, extraction, transport and storage installations and mineral processing plant to ensure satisfactory performance and compliance with specifications and regulations; (e) applying technical knowledge of mining, of oil and natural gas extraction, transport and storage, and of metallurgical principles and practices in order to identity and solve problems arising in the course of their work; (f) performing related tasks; (g) supervising other workers. Examples of the occupations classified here: Technician, engineering/mining Technician, metallurgy/extractive Some related occupations classified elsewhere: Machine-operator, drilling/mine - 8111 Miner - 7111 Quarrier - 7111     ^ top    Updated 18 September 2004, by VA.

Score: 1242999.3 - www.ilo.org/public/engl...reau/stat/isco/isco88/3117.htm

  Land, Natural Resources and Conflict: From Curse to Opportunity. An UN-EU Partnership in action

Land, Natural Resources and Conflict: From Curse to Opportunity. (...) English Français Español The EU-UN Partnership on Land, Natural Resources and Conflict Prevention UN Home Main Page The Partnership EU-UN Partnership UNDG-ECHA Guidance Note Country Focus Afghanistan Cote D'Ivoire Democratic Republic of Congo Great Lakes Peru Zambia Peacebuilding Online Training Additional Resources Natural Resources and Conflict Extractive Value Chain and Conflict Prevention Contact Us Peru Photo: UN Habitat The EU-UN Partnership commissioned a report that assessed the nature of the tensions and conflict around land and natural resources in Peru, specifically focused on the extractive industries sector. (...) Almost half of the known disputes are related to environmental and social issues and most of them are particularly linked to natural resource extraction." - Extractive Industries and Conflicts in Peru: An Agenda for Action, Report Commissioned by the EU-UN Partnership, 2010 Copyright | Terms of Use | Privacy Notice | Site Index | Fraud Alert | Contact Us UN Web Services Section, Department of Global Communications , © United Nations

Score: 1242089.3 - https://www.un.org/en/land-nat...es-conflict/country/peru.shtml

  Microsoft PowerPoint - 15 Friday - Session 2 (Extractive industries treaty issues)

Microsoft PowerPoint - 15 Friday - Session 2 (Extractive industries treaty issues) 1 Extractive Industries Taxation Issues Related to Tax Treaties http://www.un.org/esa/ffd/ Capacity Building Unit Financing for Development Office Department of Economic and Social Affairs Friday, 10 November 2017 (Session 2 – Extractive Industries Taxation) 2 Overview • Application of Art. 6 and 7 in the case of mining and oil / gas extraction • Coverage of exploration activities and activities on the continental shelf • PE issues related to the exploration and extraction of natural resources 3 Application of Art. 6 and 7 UN Model in the case of mining and oil/gas extraction • Art 6(1) covers – Income from immovable property, and – Income from agriculture or forestry • Art. 6(1) only applies to income that a resident of State A derives from immovable property in State B; income from immovable property in State A or in third States is covered by Art. 21 Art. 6(1) Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State. 4 Definition of immovable property − Art. 6(2) The term “immovable property” shall have the meaning which it has under the law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources; ships and aircraft shall not be regarded as immovable property. 2 5 Meaning of income from immovable property − Art. 6(3) • Important to distinguish between income derived “from” immovable property and income derived “using” immovable property The provisions of paragraph 1 shall also apply to income derived from the direct use, letting or use in any other form of immovable property. 6 Income “from” immovable property • Income derived “from” immovable property means “the income that results directly from the ownership or possession of real property” (as indicated in the Commentary on the 1943 Mexico and 1946 London Model of the League of nations) • This includes typically – The imputed rent of an owner-occupied house (taxable in some countries): this corresponds to “the direct use” of the property – The rent that the owner or possessor of the immovable property gets from letting other people use it (e.g. rent for an apartment that is rented out) 7 Income “from” immovable property • Income “from” immovable property does not include business profits simply because an immovable property is used in the carrying on of that business “extracted from a mine (or oil/gas extracted from a well) that is owned by the company that operates the mine is not covered by Art. 6 even though immovable property is used in that business 8 Agriculture and forestry versus mining, oil/gas extraction Unlike agriculture and forestry, income from mining is covered by Article 7 and not by Article 6 but • Article 6 applies to “natural resources” [Art. 6(2)] 3 9 Rights to the extraction of natural resources • In many countries ownership of land does not include ownership of underground minerals, oil and gas • In order to be able to extract minerals, oil or gas, an enterprise must therefore obtain “extraction” rights, usually from the State • These extraction rights constitute “immovable property” under the part of the definition of Art. 6(2) that refers to “rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources” 10 Application of treaties to mining and oil/gas production • Therefore, any payments that would be made by the operator of the mine or well to the owner or possessor of the extraction rights would be income covered by Art. 6 (i.e. “resource royalties” are covered by Art. 6) • However, profits from activities related to the extraction of minerals (i.e. the mining, which consist in extracting and selling the minerals) or oil/gas are covered by Article 7 • Are these profits taxable in the State of source?

Score: 1238814.3 - https://www.un.org/esa/ffd/wp-...5_Extractive_D4_4_Treaties.pdf

  Microsoft Word - Taxation of Extractive Industries_CRP13.doc

Natural resources and their extraction have implications for the macro-economic stability of a country. (...) The terms “natural resources” and “extractives” will be used interchangeably. 4 International Monetary Fund (2012). (...) Developing countries face special challenges when dealing with private companies from the extractive industries or joint ventures. Often, natural resources are extracted by foreign firms as local capital is scarce and FDI is much needed.

Score: 1234769.7 - https://www.un.org/esa/ffd/wp-...CRP13_ExtractiveIndustries.pdf

  Ejercicios - Respuestas

Ejercicios - Respuestas Curso introductorio a las Cuentas Ambientales (Noviembre 2016) Agriculture (ISIC A) Mining (ISIC B) Manufacturing (ISIC C) Electricity (ISIC D) Transportation (ISIC H) Households Imports Flows from the environment Total Energy from natural inputs Coal 150 150 Oil 120 120 Solar Energy products Coal Oil (conventional) Oil products Electricity Heat Energy residuals Extraction Transformation Other Total Agriculture (ISIC A) Mining (ISIC B) Manufacturing (ISIC C) Electricity (ISIC D) Transportation (ISIC H) Households Imports Flows to the environment Total Energy from natural inputs Coal 150 150 Oil 120 120 Solar Energy products--Transformation Coal Oil (conventional) Oil products Energy products--end use Coal Oil (conventional) Oil products Electricity Heat Energy residuals Extraction Transformation Other Total Notes: Coal and crude oil are supplied by the environment and used by the mining industry PHYSICAL SUPPLY TABLE FOR ENERGY: PHYSICAL USE TABLE FOR ENERGY: step 1 1 Curso introductorio a las Cuentas Ambientales (Noviembre 2016) Agriculture (ISIC A) Mining (ISIC B) Manufacturing (ISIC C) Electricity (ISIC D) Transportation (ISIC H) Households Imports Flows from the environment Total Energy from natural inputs Coal 150 150 Oil 120 120 Solar 60 60 Energy products Coal Oil (conventional) Oil products Electricity 60 60 Heat Energy residuals Extraction Transformation Other Total Agriculture (ISIC A) Mining (ISIC B) Manufacturing (ISIC C) Electricity (ISIC D) Transportation (ISIC H) Households Imports Flows to the environment Total Energy from natural inputs Coal 150 150 Oil 120 120 Solar 60 60 Energy products--Transformation Coal Oil (conventional) Oil products Energy products--end use Coal Oil (conventional) Oil products Electricity Heat Energy residuals Extraction Transformation Other Total Notes: 10 PJ of electricity from households are allocated to the relevant industry (in this case electricity) See also SEEA Central Framework section 3.4.3 (b) PHYSICAL SUPPLY TABLE FOR ENERGY: PHYSICAL USE TABLE FOR ENERGY: step 2 2 Curso introductorio a las Cuentas Ambientales (Noviembre 2016) Agriculture (ISIC A) Mining (ISIC B) Manufacturing (ISIC C) Electricity (ISIC D) Transportation (ISIC H) Households Imports Flows from the environment Total Energy from natural inputs Coal 150 150 Oil 120 120 Solar 60 60 Energy products Coal 140 140 Oil (conventional) 115 115 Oil products Electricity 60 60 Heat Energy residuals Extraction 15 15 Transformation Other Total Agriculture (ISIC A) Mining (ISIC B) Manufacturing (ISIC C) Electricity (ISIC D) Transportation (ISIC H) Households Imports Flows to the environment Total Energy from natural inputs Coal 150 150 Oil 120 120 Solar 60 60 Energy products--Transformation Coal 140 140 Oil (conventional) 115 115 Oil products Energy products--end use Coal Oil (conventional) Oil products Electricity Heat Energy residuals Extraction 15 15 Transformation Other Total Notes: 10 PJ of coal are lossed during extraction (150 extracted - 140 that are received by the coal power plant); 5 PJ are losses during extraction of crude oil. So in total there are 15PJ losses during extraction PHYSICAL SUPPLY TABLE FOR ENERGY: PHYSICAL USE TABLE FOR ENERGY: step 3 3 Curso introductorio a las Cuentas Ambientales (Noviembre 2016) Agriculture (ISIC A) Mining (ISIC B) Manufacturing (ISIC C) Electricity (ISIC D) Transportation (ISIC H) Households Imports Flows from the environment Total Energy from natural inputs Coal 150 150 Oil 120 120 Solar 60 60 Energy products Coal 140 140 Oil (conventional) 115 115 Oil products 10 10 Electricity 60 60 Heat Energy residuals Extraction 15 15 Transformation Other Total Agriculture (ISIC A) Mining (ISIC B) Manufacturing (ISIC C) Electricity (ISIC D) Transportation (ISIC H) Households Imports Flows to the environment Total Energy from natural inputs Coal 150 150 Oil 120 120 Solar 60 60 Energy products--Transformation Coal 140 140 Oil (conventional) 115 115 Oil products Energy products--end use Coal Oil (conventional) Oil products Electricity Heat Energy residuals Extraction 15 15 Transformation Other Total PHYSICAL SUPPLY TABLE FOR ENERGY: PHYSICAL USE TABLE FOR ENERGY: step 4 4 Curso introductorio a las Cuentas Ambientales (Noviembre 2016) Agriculture (ISIC A) Mining (ISIC B) Manufacturing (ISIC C) Electricity (ISIC D) Transportation (ISIC H) Households Imports Flows from the environment Total Energy from natural inputs Coal 150 150 Oil 120 120 Solar 60 60 Energy products Coal 140 140 Oil (conventional) 115 115 Oil products 10 10 Electricity 135 135 Heat 35 35 Energy residuals Extraction 15 15 Transformation 30 30 Other Total Agriculture (ISIC A) Mining (ISIC B) Manufacturing (ISIC C) Electricity (ISIC D) Transportation (ISIC H) Households Imports Flows to the environment Total Energy from natural inputs Coal 150 150 Oil 120 120 Solar 60 60 Energy products--Transformation Coal 140 140 Oil (conventional) 115 115 Oil products Energy products--end use Coal Oil (conventional) Oil products Electricity Heat Energy residuals Extraction 15 15 Transformation 30 30 Other Total Notes: 140 PJ of coal that are at the coal powe plant are split as follows: 75 for electricity supply, 35 for heat and 30 are losses in transformation Notes: we now have 135 PJ of electricity being supplied PHYSICAL SUPPLY TABLE FOR ENERGY: PHYSICAL USE TABLE FOR ENERGY: step 5 5 Curso introductorio a las Cuentas Ambientales (Noviembre 2016) Agriculture (ISIC A) Mining (ISIC B) Manufacturing (ISIC C) Electricity (ISIC D) Transportation (ISIC H) Households Imports Flows from the environment Total Energy from natural inputs Coal 150 150 Oil 120 120 Solar 60 60 Energy products Coal 140 140 Oil (conventional) 115 115 Oil products 100 10 110 Electricity 135 135 Heat 35 35 Energy residuals Extraction 15 15 Transformation 15 30 45 Other Total Agriculture (ISIC A) Mining (ISIC B) Manufacturing (ISIC C) Electricity (ISIC D) Transportation (ISIC H) Households Imports Flows to the environment Total Energy from natural inputs Coal 150 150 Oil 120 120 Solar 60 60 Energy products--Transformation Coal 140 140 Oil (conventional) 115 115 Oil products Energy products--end use Coal Oil (conventional) Oil products 5 4 3 3 60 35 110 Electricity Heat Energy residuals Extraction 15 15 Transformation 45 45 Other Total Notes:started with 115 PJ of crude oil going to the oil refinery. 15 PJ is lost during transformation. (...) However due to losses during extraction, the coal power plant received 140PJ of coal.

Score: 1231949.1 - https://www.cepal.org/sites/de...iles/sesion-5_respuestas_0.pdf

  Land, Natural Resources and Conflict: From Curse to Opportunity. An UN-EU Partnership in action

Land, Natural Resources and Conflict: From Curse to Opportunity. (...) English Français Español The EU-UN Partnership on Land, Natural Resources and Conflict Prevention UN Home Main Page The Partnership EU-UN Partnership UNDG-ECHA Guidance Note Country Focus Afghanistan Cote D'Ivoire Democratic Republic of Congo Great Lakes Peru Zambia Peacebuilding Online Training Additional Resources Natural Resources and Conflict Extractive Value Chain and Conflict Prevention Contact Us EXTRACTIVE INDUSTRIES AND CONFLICT Extractive industries present particular challenges for both fragile states and developing nations; the exploitation of non-renewable natural resources, including oil, gas, minerals and timber has often been cited as a key factor in triggering, escalating or sustaining violent conflicts around the globe. (...) Extractive Industries and conflict Executive Summary Full Report Land and Conflict Extractive Industries and Conflict Renewable Resources and Conflict Capacity-Building for NRM Conflict Prevention in Resource Rich Economies Capacity Inventory Copyright | Terms of Use | Privacy Notice | Site Index | Fraud Alert | Contact Us UN Web Services Section, Department of Global Communications , © United Nations

Score: 1230692.8 - https://www.un.org/en/land-nat...ct/extractive-industries.shtml