Bibliographic citations
Diaz, K., Giraldo, R. (2022). Abordaje jurídico de la determinación del canon y sobre canon petrolero en el marco de los contratos de licencia en el Perú [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5165
Diaz, K., Giraldo, R. Abordaje jurídico de la determinación del canon y sobre canon petrolero en el marco de los contratos de licencia en el Perú []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5165
@misc{renati/21265,
title = "Abordaje jurídico de la determinación del canon y sobre canon petrolero en el marco de los contratos de licencia en el Perú",
author = "Giraldo Centeno, Raisa Flor",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
The oil canon is a percentage of the income received by the producing area for the exploitation of the resource in their territory. The regulations have developed the parameters to benefit the producing areas, so that, in article 77 of the Political Constitution of Peru, respect to the canon, it has been indicated that each producing area will be benefited by law, having the right to receive an adequate percentage of the total of the income and rents obtained by the state, for the exploitation of the natural resources of each area, as Canon. The regional regulation of the Canon began in the year 1976 with the department of Loreto, through the law No. 21678, which assigns 10% of the value of oil production, which will be calculated from the weighted average price of sales, deducting costs both in the domestic and foreign markets. In 1981, the Ucayali over-canon was regulated, assigning it 2.5% of the value of oil production in the Jungle. In the same sense, the canon and over-canon of other producing districts have been regulated under different legal devices: the canon of Piura and Tumbes in 1983, the canon of Puerto Inca (Huánuco) in 1989 and the canon of Ucayali in 1998. Likewise, the Piura over-canon was regulated in 1984, and the Loreto over-canon in 1998, maintaining the parameters established by the Ucayali over-canon. The creation of the concept of over-canon, was constructed in disagreement with the constitutional concept of canon, because the over-canon of Ucayali provides that it breaks the direct relationship that should exist between the beneficiary area (Ucayali) and the producing area (Loreto), this is repeated in the case of the over-canon of Piura and Tumbes. PERUPETRO S.A. is the company in charge of signing the two contractual modalities with the contractors. 1) Service contract, in which PERUPETRO S.A., contracts with a private called contractor, this (contractor) is then in charge of carrying out the exploration and exploitation tasks, being PERUPETRO S.A., the one in charge of marketing the Hydrocarbons and receiving income for these sales. 2) License Contract, PERUPETRO S.A., gives the license to a private named contractor so that he may carry out the activities of exploration and exploitation of hydrocarbons, the contractor exercising a property right over the exploited hydrocarbons, therefore PERUPETRO S.A. no longer receive income from sales, but privileges. It is at this point that the greatest problem facing PERUPETRO S.A. is manifested. when making the determination of the oil canon and over-canon. The established determination formula has become outdated, therefore PERUPETRO S.A. does not receive income from sales, but in this type of contract, one can receive privileges.
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