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Paper 1 the Nigerian Content Plan

Paper 1 the Nigerian Content Plan

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Published by adeoye1042
This first paper in our Energy Practice Team's Local Content Key Issues Analysis Series (LCKIAs) reviews the Nigerian Content Plan, which is now a requirement before the commencement of any project in the Nigerian oil and gas industry. The paper examines the various elements of the plan such as the concepts of "first consideration", "full and fair opportunity" and "exclusive consideration". The LCKIA series provides practical and concise analysis of the critical requirements of Nigeria's new local content legislation
This first paper in our Energy Practice Team's Local Content Key Issues Analysis Series (LCKIAs) reviews the Nigerian Content Plan, which is now a requirement before the commencement of any project in the Nigerian oil and gas industry. The paper examines the various elements of the plan such as the concepts of "first consideration", "full and fair opportunity" and "exclusive consideration". The LCKIA series provides practical and concise analysis of the critical requirements of Nigeria's new local content legislation

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Categories:Types, Business/Law
Published by: adeoye1042 on Jun 19, 2010
Copyright:Attribution Non-commercial

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07/02/2012

pdf

 
 
2010
 
Odujinrin & Adefulu
Church House1
st
Floor29, Marina, Lagos
 
LOCAL
 
CONTENT
 
KE
 
ISSUES
 
 ANALYSIS
 
SERIES
 
PAPER
 
1:
 
THE
 
NIGERIAN
 
CONTENT
 
PLAN
 
 
 
By Dr. Adeoye Adefulu & Aderemi Ogunbanjo
*
 
ABOUT
 
THE
 
LOCAL
 
CONTENT
 
KEY
 
ISSUES
 
ANALYSIS
 
(“LC
 
KIA”)
 
SERIES
 
The LCKIA series has been designed by the Energy Practice Team of Odujinrin& Adefulu as brief papers which provide practical analysis of the criticalelements of the Nigerian Oil and Gas industry Content Development Act 2010.Some of the issues the Series is expected to cover are:The Nigerian Content Plan Employment & Training ObligationsThe Nigerian Content Monitoring & Development BoardThe Nigerian Content DevelopmentFund and the contractor’s fundingresponsibilityResearch & Development Obligations Financial Services ObligationsThe papers shall be available on our website –www.odujinrinadefulu.com/publications as they are published.
*
 
Dr
 
Adeoye
 
Adefulu
 
is
 
a
 
partner
 
and
 
Ms.
 
Aderemi
 
Ogunbanjo
 
is
 
a
 
senior
 
associate
 
in
 
the
 
Energy
 
Practice
 
Team
 
of 
 
Odujinrin
 
&
 
Adefulu.
 
They
 
may
 
be
 
reached
 
at
 
 firstname
.
lastname
@odujinrinadefulu.com.
 
 
 
1.
 
Introduction
 
The Nigerian Content Plan is a key requirement of the Nigerian Oil and Gas IndustryContent Development Act 2010 (“NCA”). This paper briefly examines the issueswhich must be considered in preparing such a plan.
 
2.
 
Scope
 
o
 
Requirement 
 
for
 
Submission
 
o
 
Nigerian
 
Content 
 
Plan
 
“Plan”
 
by
 
Operators
 
Section 7 of the NCA requires operators
2
to submit a plan showing compliance withthe Nigerian content requirements of the Act, as part of the condition for biddingfor a licence, permit or other oil and gas interest and before the execution of anyproject in the industry. Whilst the wording of this section suggests the plan shoulddemonstrate historical compliance of an operator with the Act, sections 12 and 13,which deal with the contents of the plan require a forward programme indicatinghow an operator intends to comply with the provisions of the Act. We suggest thatthe latter interpretation is the correct one. As stated in section 7, a plan would be required when “...bidding for any licence,permit or interest...” By virtue of this provision a Nigerian Content Plan (the “Plan”)would be required to be submitted for government acreage awards. This wouldmean that information regarding any bidding rounds must be made available by thegovernment licensing body in sufficient time for a Plan to be drawn up, submittedand approved. This is likely to require up to two months. A Plan is also required “...before carrying out any project in the Nigerian oil andgas industry...” Whilst this provision may seem very wide in the sense that it coversevery type of project in which an operator might be involved in respect of a fieldoperation, we suggest that in practical terms, it would mean no more than the Planbeing required when such projects require some form of government/regulatoryapproval. For example, a Field Development Programme in an upstream project
2
Companies in this category include NNPC, its subsidiaries and joint venture partners and any Nigerian or foreign orinternational oil and gas company operating in the Nigeria oil and gas industry under any petroleum arrangement. SeeSection 109 of the Act.

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