However, if the contractor is successful in oil exploration of commercial quantities, he is entitled to recoup expenses and remuneration for the services, in addition to a possible stake in the subsequent enterprise.
If not, the company runs out of pocket.
Such arrangement guarantees the host Government to hold sovereignty over the natural resources at all times.
Similar to a PSA, risk service contract addresses the situation where a host Government is seeking to use private companies to bear the risk of exploration.Risk service contracts can be structured in primarily 2 forms.
- Contract where the exploration risk is not distributed among the parties
If the commercially valuable petroleum reserves are not discovered during the agreed term, the contract is usually terminated without any compensation for exploration costs from the host state.
- Contract where the exploration risk is jointly and severally distributed among the parties
In this structure, the host Government shares a part of the exploration risk with the foreign oil company, to reduce compensation payments to the investor after the discovery of the oil reserves.