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NEWSLETTER 2013

316

Under the PetroleumLawNo. 6326, the termof the exploration license

was four years. In the event the exploration activities were continued

in accordance with the relevant law and in good faith, the exploration

licenses in the region could be extended up to two years. In the event

that the activities of the explorer gave rise to the discovery of petroleum,

and under the condition that an extension request has been made with an

appropriate program, the Council of Ministers could extend the period for

up to two years in exchange of a collateral. In any case, the exploration

license period could not be more than eight years from the first date of

entry into force. These periods could have been extended by fifty percent

for sea explorations. With the Turkish Petroleum Law, the periods have

been extended concerning both the first exploration license period and

the total periods.

Another issue worth noticing is that no requirement of investment

was sought for the extension of the period of license within Petroleum

Law No. 6326. This meant that a license could be used for eight years

without making any investment. However, the Turkish Petroleum Law

prevents this inconvenience requiring the submission of an investment

program.

Operating License

Pursuant to Article 8 of the Turkish Petroleum Law, where a discovery

is made within the scope of an exploration activity, an operating license

will be issued so that exploration and production are carried out, and the

petroleum produced is sold during the license period. An operating license

shall be issued for a period of twenty years as of the date of effect of the

work and financial investment program that will be received pursuant to

the regulation, depending on the request of the applicant.

The fields whose operating rights have expired can be put on auction

upon the approval of the Energy and Natural Resources Minister, for the

purpose of obtaining an operating license. However, before putting the

same on auction, the Energy and Natural Resources Ministry will ask the

TPAO whether it wishes this field to be subject to an operating license.

Upon request of the TPAO, the field shall not be put on auction. Such a

regulation suggests that the privilege of the TPAO has been maintained.