The Government of Pakistan has recently amended its Brownfield Refinery Policy, reflecting significant changes aimed at modernizing and expanding the country’s refining sector. This article critically compares the old Brownfield Refinery Policy with the new amended version, highlighting the key differences and their potential impacts on the industry.

Background of the Old Brownfield Policy

The Brownfield Refinery Policy, established in 2023, was designed to address the critical needs of Pakistan’s refining sector. This sector is vital for energy security and economic growth, providing significant contributions to GDP, employment, and foreign exchange savings by reducing import dependency. Despite its strategic importance, the sector has faced numerous challenges, including outdated technology, insufficient investment, and declining tariff protection.

Key Features of the Old Policy

  1. Modernization and Expansion Incentives: The policy encouraged refineries to upgrade and expand to meet Euro V specifications, focusing on reducing Furnace Oil (FO) production and maximizing Motor Gasoline and Diesel output.
  2. Fiscal Incentives: It provided tariff protection and deemed duty on Motor Gasoline and Diesel to improve refinery margins and sustainability.
  3. Implementation Mechanism: Refineries were required to sign an Upgrade Agreement with OGRA (Oil and Gas Regulatory Authority) to access fiscal incentives and commit to specific milestones and timelines.
  4. Monitoring and Compliance: A robust monitoring mechanism was established, including third-party audits and a joint Escrow Account to ensure funds were utilized for the intended upgrades.

Amendments in the New Brownfield Policy (2024)

The 2024 amendments to the Brownfield Refinery Policy introduce several significant changes, aiming to enhance the effectiveness of the original policy and further incentivize investment in the sector.

  1. Extended Incentive Period: The new policy extends the duration of fiscal incentives from six to seven years, providing longer-term support for refineries to complete their upgrades.
  2. Increased Fiscal Support: The tariff protection on Motor Gasoline and Diesel has been adjusted, with a minimum customs duty of 10% now mandatory for seven years. Additionally, the deemed duty on Diesel remains at 7.5% for sustainability, continuing after the initial incentive period.
  3. Enhanced Implementation Mechanism: The new policy allows for a higher withdrawal limit from the joint Escrow Account for used and new Plant, Machinery, and Equipment (PME), increasing from 22% and 25% to 24.5% and 27.5%, respectively.
  4. Stricter Compliance and Monitoring: The policy introduces stricter timelines for the execution of the Upgrade Agreement and the opening of the Escrow Account. Failure to comply with these timelines results in the suspension of the refinery’s right to claim incentives.
  5. Force Majeure Provisions: The amended policy includes detailed provisions for force majeure events, allowing refineries to seek extensions in case of unforeseen circumstances beyond their control.

Critical Perspective on the Changes

The amendments in the new Brownfield Policy reflect a more comprehensive and stringent approach towards the modernization of Pakistan’s refining sector. The extended incentive period and increased fiscal support provide a stronger financial foundation for refineries to undertake significant upgrades. By raising the withdrawal limits from the Escrow Account, the policy ensures that refineries have better access to necessary funds for their projects.

However, the new policy also introduces stricter compliance and monitoring mechanisms, reflecting a zero-tolerance approach towards delays and defaults. This could be seen as a double-edged sword: while it ensures accountability and timely project completion, it also places additional pressure on refineries to adhere to tight timelines, potentially leading to operational challenges.

The inclusion of force majeure provisions is a positive step, acknowledging the unpredictable nature of large-scale industrial projects and providing a safety net for refineries in case of unforeseen disruptions.


The new amendments to the Brownfield Refinery Policy represent a significant evolution in the Government of Pakistan’s approach to refining sector development. By balancing enhanced fiscal support with stricter compliance measures, the policy aims to create a more robust and resilient refining industry. As these changes take effect, it will be crucial for refineries to strategically plan their upgrades and adhere to the new requirements to fully benefit from the policy’s incentives.

For further detailed analysis and tailored advice on navigating these policy changes, Josh and Mak International remains at your service, offering expert legal support to ensure your investments and operations align with the latest regulatory frameworks.

By The Josh and Mak Team

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