回购合同模式下的风险与对策

Risk Analysis and Countermeasure Research on Buy-back Contract Mode

回购合同是伊朗政府现阶段授予国外石油公司的一种有限获利的风险服务合同。其产生和使用既有法律的原因更有深刻的经济原因。回购合同模式下存在着政治、经济、投资上限、资本回收、开发周期、当地份额、工作许可证配额限制和社会保险等诸多风险。国外石油承包商应从发展战略出发,重视项目的前期调研和可行性研究,深入分析关键性条款,采用灵活多样的投标方式和采购策略,选择合理可行的退出机制,谨慎规避风险。

Buy-back contract is a kind of risk service contract with limited benefit, which is presently used by Iranian government to award international petroleum companies. The emergence and usage of Buy-back contract is as a result of not only the legal factors but even also the profound economic factors. There are so many risks in relation to politics, economy, investment ceiling, cost recovery, development cycle, local content, work permit quota and insurance etc. under the Buy-back contract. In order to avoid the aforementioned risks, foreign contractors should, according to its development strategy, pay special attention to the initial stage investigation and feasibility study, deeply analyze the key clauses, adopt flexible tender method and purchasing policy and choose reasonable drop out methods.