INVESTING
IN THE NIGERIAN PETROLEUM INDUSTRY: QUALIFICATION, EXPATRIATE QUOTA AND
NIGERIAN CONTENT COMPLIANCE*
INTRODUCTION
After over five decades
of petroleum exploration and production, Nigeria has continued to be an
attraction for local and international oil companies. With over 36.2 billion
barrels of crude oil reserves and an average daily production of 2.5 million barrels
per day, the country’s petroleum industry would continue to record an ingress
of oil companies, especially indigenous oil companies who are desirous of
taking advantage of the existing legislative framework put in place to
encourage local participation in petroleum operations.
All over the world,
countries with an established or establishing petroleum industry have continued
to put in place stringent policies to encourage local participation,
environmental protection and revenue generation. Nigeria is not an exception.
Thus, the need for a proper understanding of the most fundamental requirements
for investing in an industry as complex and strongly regulated as the Nigerian
petroleum industry, particularly as it relates to the qualification to enter
and commence operations, expatriate quota, and Nigerian content compliance,
cannot be overemphasised. These form the basis of this work and are adequately
discussed herein.[1]
QUALIFICATION
The first step to
carrying out operations in the Nigerian petroleum industry is by being
qualified to carry out such operations. This would involve a number of
processes discussed herein below:
Registration
A company seeking to
carry out operations in the Nigerian petroleum industry must first be
registered with the Corporate Affairs Commission. By the provision of the Companies
and Allied Matters Act,[2] which
is the principal legislation governing the registration of companies in
Nigeria, no company, association, or partnership consisting of more than twenty
persons shall be formed for the purpose of carrying on any business for profit
or gain by the company, association, or partnership, or by the individual
members thereof, unless it is registered as a company under the Act, or is
formed in pursuance of some other enactment in force in Nigeria.[3]
The
procedure for registration of companies in Nigeria is quite simple and involves
the submission of the necessary documents to the Corporate Affairs Commission
who would issue a Certificate of Incorporation after having satisfied itself of
the documents submitted. Registration could be expedited upon paying the
relevant additional cost. Thus, companies seeking to carry out operations in
the Nigerian petroleum industry could take advantage of these simple procedures
and obtain registration.
Obtaining
DPR Permit
The
Department of Petroleum Resources is a department in the Ministry of Petroleum
entrusted with the regulation of the Nigerian petroleum industry. The Director
of the Department is vested with the duty of formulating guidelines/regulations
as is necessary and desirable for smooth and safe operations in the Nigerian
petroleum industry.[4]
By the provisions of the Petroleum (Drilling and Production) Amendment
Regulations, 1988, no company shall render or be engaged to render any
technical service to the petroleum industry without first being registered and
issued a permit to carry out such services by the Director of the Department.[5]
Any service company that operates without such permit operates in contravention
of the provisions of the Regulations.
There
are three jobs categories for which a company can apply for permit, although a
company could apply for permit in more than one job category. These are the
Major, General and Specialized categories.
i.
The General Purpose Category (GPC) [6]
covers minor supply works and maintenance services and companies in this
category provide services that do not require specialized skills. This category
is further subdivided into 3 sub-categories to wit: Works, Maintenance and
Supply. Companies seeking permit under this category are expected to choose not
more than two services/jobs from any of the three sub-categories or two
jobs/services from a chosen sub-category. Registration under the GPC attracts a
statutory fee of N5, 000.00 (Five Thousand Naira), payable in bank draft or bank
certified cheques in favour of Federal
Government of Nigeria/DPR Fees Account. The fees are non-refundable, and
applicants should ensure that the Bank draft is submitted within the same month
of purchase. It should be noted that payment of the statutory fees does not
guarantee granting of a permit.
ii.
The Major Category covers
activities that require some technical and special skills. Companies who wish
to register under this category are required to possess technical/special
relevant skills. Services under this category are expected to align with NIPEX
Products Code, and the job specifications are grouped into 21 sub-categories.[7]
The statutory registration fee is N25, 000.00 (Twenty Five Thousand Naira)
payable in bank draft, in favour of the Federal
Government of Nigeria/DPR Fees Account.
iii.
The Specialized Category requires that
prospective registrants possess highly specialized/technical skills. Services
under this category should align with NIPEX Products Code, and details of the
jobs/services in this category are classified into 22 classifications.[8]
The statutory registration fee is N250, 000.00 (Two Hundred and Fifty Thousand
Naira) payable in bank draft in favour of the Federal Government of Nigeria/DPR Fees Account.
The process of
application for permit involves preparation and submission of the application
package which is comprised of the relevant documents for each of the
categories. The documents to be submitted would depend on the category for
which permit is sought, which must include the Checklist and duly completed
Application Forms, and Certificate of Incorporation or Certificate of
Registration (in the case of an enterprise).
Prior to the issue of a
permit, the DPR would conduct inspection/assessment for the facilities for all
new applicants under the major and specialized categories. All applications
under Major and Specialized categories will be subjected to further evaluation by
the relevant Divisions/Units in the DPR, and will be assessed for their
professional competencies and capabilities. Such inspections are without notice
and without prejudice to existing permits and/or approvals.
Applications must be
diligently prepared and properly put together, otherwise they would be
rejected. Also applications including false or forged documents will be
disqualified, penalized and/or prosecuted, and the statutory fees forfeited.
Only competent persons within the organization can submit applications on
behalf of their companies so as to be able to provide ready information should
there be need for clarifications on information contained in the submissions.
Upon grant of permit, only personnel whose company Photo-ID was submitted with
the application will be allowed to pick up the permit. Alternatively, a Letter
of Authority from the company, signed by one of the Directors will suffice.
Registration/Certification
by Specific Sectors and Professional Bodies
Companies applying
under the Major and Specialized Categories where services are rendered by
professionals or licensed/certified practitioners are required to be registered
or certified by the professional bodies of their respective service areas.
Where individual staff registration or certification is also required, then
they have to ensure that their members of staff are so registered. The
company’s certificates of membership or certification as well as that of their
members of staff would be submitted to the DPR as one of the documents in the
application package. For instance, companies intending to undertake underwater
inspections and related services must obtain and submit to the DPR a valid
professional diving qualification. Companies seeking to offer rope access
services must have IRATA Certification confirming quality, training and safe
work practices at height.
Registration with NCDMB
Joint Qualification (JQS) and NiPeX
The Nigerian Content
Development Board Joint Qualification System (NCDMB JQS) is set up pursuant to
the Nigerian Oil and Gas Industry Content Act, 2010,[9]
and it is an industry databank of available capacities and capabilities in the
Nigerian oil and gas industry.[10]
The NCDMB JQS had it go live on August 16, 2011 and has become the sole system
for Nigerian content registration and pre-qualification of contractors in the
industry.[11]
The NCDMB JQS portal[12]
is divided into three broad sections namely: the Individuals Module, the
Service Company Module and the Operator Module. The Service Company Module is
configured as a receptacle of information for contractors and service
companies. It also serves as a medium for correspondence between NCDMB on the
one hand and the service companies and operators on the other. The module is
sub-divided into two- portal account and administration account. The company
inputs information pertaining to its existence and relevance to the sector in
the portal account. The administration account is used in issues pertaining to
expatriate quota applications; service gap and skill gap notifications and
tender management amongst others. All the information which are verified by the
Board are used in categorising the service companies based on their
capabilities and capacities as per their services.[13]
EXPATRIATE QUOTA
Having
fulfilled the necessary prerequisites needed to be qualified to enter into and
carry out operations in the Nigerian petroleum industry, another critical issue
that needs be addressed is that of expatriate quota. In recent years, the issue
of use of expatriates in the Nigerian petroleum industry have continued to
generate concern to the industry stakeholders, especially where the expatriates
are brought in to do what Nigerians could ordinarily do. However, since the
passage of the Nigerian Oil and Gas Industry Content Act, 2010 (hereinafter the
“NOGIC Act”) there has been a significant shift from the position pre-NOGIC.
Section
33 of the NOGIC Act entrusted on the NCDMB the responsibility of Expatriate
Quota management to regulate the use of foreigners for jobs. It requires
operators to make application to and receive the approval of the NCDMB before
making any application for Expatriate Quota to the Federal Ministry of Interior
(FMI) or any other agency of Ministry of the Federal Government. The NCDMB has
accordingly issued guidelines on application for expatriate quota and
deployment of expatriates in the Nigerian oil and gas industry. Thus,
employment or use of expatriates in the Nigerian petroleum industry without
complying with the procedures laid down in the Guidelines would amount to a
breach of the Guidelines and the Board would require immediate removal of such
expatriate(s) and penalize the company in line with the provisions of the Act.
Before
applying for Expatriate Quota, an applicant company would have advertised in at
least four major Nigerian newspapers and an international newspaper, including
but not limited to the Washington Post and the Financial Times. Proof of this
must be shown to the Board and that despite the advertisement, no qualified
Nigerian(s) has been found for the position. All draft external advertisements
for the positions under application shall be submitted to the NCDMB for review
and certification prior to publication. The applicant company shall notify the
NCDMB of receipt of applications, planned interview dates and results of
interview of each vacancy advertised.
An
application for Expatriate Quota is made to the Nigerian Content Development
and Monitoring Board by filling and submitting the relevant Expatriate Quota
and Succession Plan forms along with the following supporting documents:
a.
list of existing expatriates and their
understudies.
b.
list of all Nigerian employees.
c.
job descriptions and qualifications of
the intended expatriates.
d.
employment commitment for Nigerians with
timeline for employment.
e.
complete company organogram
f.
training plan/schedule of Nigerian staff
g.
Nigerianised position with dates
h.
advertisements (for new quota
positions).
After
the NCDMB has processed the Expatriate Quota, it sends its approval or
rejection to the Applicant Company who now sends it to the Federal Ministry of
Interior for final approvals or rejections. Upon receipt of approval from the
Ministry, the Applicant Company designates and deploys the expatriate(s)
strictly in line with the designation(s) the Ministry approves. The Applicant Company
will also complete and submit to the NCDMB Form EQ/B1 upon receipt of approval
from the Ministry.
NIGERIAN CONTENT COMPLIANCE
The Nigerian Oil and
Gas Industry Content Act, 2010 was enacted to give more force to the local
content obligations imposed on operators and contractors in the Nigerian
petroleum industry by the various contractual arrangements governing operations
in the industry. The Act makes it an offence to carry out any project contrary
to the provisions of the Act, and upon conviction, the operator, contractor or
sub-contractor is liable to a fine of five percent of the project sum for each
project in which the offence is committed or an outright cancellation of the
project.[14]
Section 7 of the
Nigerian Content Act provides that “in the bidding for any licence, permit or
interest and before carrying out any project in the Nigerian oil and gas
industry, an operator shall submit a Nigerian Content Plan (‘the plan’) to the
Board demonstrating compliance with the Nigerian content requirements of this
Act”.[15]
The Plan is issued for every contract which is meant to comply with the Act and
should be issued at the beginning of every contract or before advertising the
contract by the operator.
Compliance with
Nigerian content requirements commences with preparing and submitting a
Nigerian Content Plan (NCP). The Act did not give a sample or template of an
NCP, but states what it must contain. Thus, there is no hard and fast rule as
relates to the style or format an NCP must take as long as it contains the
contents required by the Act. The NCP will contain the following information:
i.
Detailed plan, satisfactory to the
Board, setting out how the operator and their contractors will give first
consideration to Nigerian goods and services, including specific examples
showing how first consideration is considered and assessed by the operator in
its evaluation of bids for goods and services required by the project.[16]
ii.
Detailed plans on how the operator or
its alliance partner intends to ensure the use of locally manufactured goods
where such goods meet the specifications of the industry.[17]
iii.
Provisions intended to ensure that first
consideration shall be given to services provided from within Nigeria and to
goods manufactured in Nigeria and Nigerians would be given first consideration
for training and employment in the work programme for which the Plan is
submitted.[18]
iv.
Employment and Training Plan (E and T
Plan). This shall include an outline of the hiring and training needs of the
operator or project promoter and operator’s major contractors with a breakdown
of skills needed; anticipated skill shortages in the Nigerian labour force;
project specific training requirements, and anticipated expenditures that will
be made directly by the operator in implementing the E and T Plan as a
forecasted and actual expenditure. The E and T Plan would also include a time
frame for employment opportunities for each phase of project development and
operations, to enable members of the Nigerian workforce prepare themselves for
such opportunities. It would also contain any other information required by the
Board for the purposes of implementing the provisions of the Act.[19]
Where
Nigerians are not employed because of their lack of training, the operator
shall ensure to the satisfaction of the Board that every reasonable effort is
made within a reasonable time to supply such training locally or elsewhere and
such effort and the procedure for its execution shall be contained in the
operator’s E and T Plan.[20]
v.
It would also contain plans for Research
and Development to be undertaken by the operator in respect of the particular
project for which the Nigerian Content Plan is submitted. It should be noted
that this plan for Research and Development is distinct and separate from the
Research and Development Plan (R and D Plan) required to be submitted by the
operator to the Board.
vi.
Details of the scope of work intended to
be undertaken by the operator in relation to the project.
vii.
Particulars of ownership of the operator
bidding for the licence, permit or interest or seeking to carry out the project
in the Nigerian oil and gas industry.
viii.
Details of any partnership
configuration.
ix.
Details of the legal, banking and
insurance services to be employed or used for the project.
Certificate
of Authorisation
After
submission of the Plan to the Board, the Board shall review and assess it and
if satisfied that the Plan complies with the provisions of the Act, it would
issue a Certificate of Authorisation to the operator for that project.[21]
The Certificate of Authorisation, referred to in practice as the Nigerian
Content Compliance Certificate, is a schedule of all specific commitments for
the project, and is prepared and issued to the operator by the Board after it
has satisfactorily reviewed the Plan. The Certificate constitutes the basis
upon which the Board monitors the performance of the operator during the
implementation phase of the project or operation. An obligation is imposed on
the operator by the Act to ensure that its partners, contractors, and subcontractors
are contractually bound to report Nigerian content information to the operator
and, if so requested by the Board, directly to the Board, and to allow the
Board or its designated agent access to their records for the purpose of
assessment and verification of Nigerian content information contained in
Nigerian content plan it submitted.[22]
The
Board has introduced a major incentive for both contractors and operators to
ensure that their local content commitments are performed. This is the
requirement of fulfilment of Nigerian content commitment being one of the
grounds for qualification and participation in future tenders. For operators,
unfulfilled Nigerian content commitment will set them back in terms of license
renewals, bidding for blocks and other government approvals that are dependent
on Nigerian content achievements under the law.
CONCLUSION
The
Nigerian petroleum industry continues to offer a lot of investment
opportunities to companies who are desirous of venturing into it. However,
being a capital intensive industry, every company seeking to enter into the
industry must ensure that it is well conversant with the laws and regulations
governing operations in the industry. This work has attempted an in-depth look
into the most critical areas of concern relating to qualification, expatriate
quota and Nigerian content compliance. It is believed that investors seeking to
enter into the industry as service companies would find this handy and useful.
Expert advice should also be sought by such companies to avoid losing their
investments as a result of non-compliance.
ADDENDUM 1
GENERAL PURPOSE CATEGORIES
1. WORKS
i.
Minor Welding Works
ii.
Minor Plumbing Works
iii.
Minor Painting Works
iv.
Photographic Works
2. MAINTENANCE
i.
Minor Civil Maintenance
ii.
Minor Mechanical Maintenance
iii.
Minor Electrical Maintenance
3. SUPPLY
i.
Minor Civil Maintenance Materials
ii.
Minor Mechanical Maintenance Materials
iii.
Minor Electrical Maintenance Materials
iv.
Plumbing Materials
v.
Unskilled Labour e.g. artisans
vi.
Office Stationery
vii.
Minor Computer Accessories/Consumables
viii.
Welding Materials
ix.
Minor Catering Services (Provisions of
Snacks and Beverages for Meetings etc).
ADDENDUM
2
MAJOR
CATEGORY
1.
Water
Borehole Services
Water Borehole Drilling, Treatment,
Maintenance, etc (Maximum of three services will be assigned to a permit)
2.
Rehabilitation/Upgrade/Fabrication
Works
Minor Civil, Mechanical or Electrical
Services, Culverts, Minor Metal Fabrication, Drainage, Underground Storage Tans
(UST), Surface Storage Tanks (SST), Overhead Tanks etc. (Maximum of three
services will be assigned to a permit).
3.
On-shore
Pipeline/Storage facility Maintenance Services
Pipeline/Storage Facility Maintenance,
Pipeline Pigging and Inspection, Non-Destructive Testing (NDT), Corrosion
Prevention and Control Services (Cathodic Protection, Coating, etc) (Maximum of
three services will be assigned to a permit)
4.
Equipment/Material
Supply Services
Supply, Installation and Maintenance of
Oil Field Equipment and Materials e.g. Computer/Data Storage Systems,
Communication Equipment, Cold Room Services, Personal Protective Equipment
(PPE), spare parts, Chemical Supply (General Purpose/Analar Grade), Office and
Household Appliances (The type/names of equipment, spares or material must be
specified; maximum of three services will be assigned to a permit)
5.
Protocol
and Logistics Services
Car/Vehicle Hire and Leasing, Protocol
Services, Travel Agencies, etc. (Maximum of three services will be assigned to
a permit)
6.
Consultancy
Services
Media and Publicity, Training/Manpower Development,
Community Relations, Nigerian Manpower Supply (Nigerian Professionals only),
Security Services (Security equipment/devices, Armed guards etc), Legal
Services, Architectural Services, Engineering Services (0-50,000 man-hours),
Quantity Surveying and Estate Management, Local Freight/Clearing and
Forwarding, Horticulture/Landscaping, Furnishing and Interior/Exterior
Decoration, Insurance Brokerage, etc (Maximum of two services will be assigned
to a permit)
7.
Laboratory
Services
Environmental Quality Monitoring,
Bio-monitoring, Bio-degradability Studies, Petroleum Quality Monitoring,
Geological Studies, Material Safety Investigations, Medical Investigations,
Sample Storage and Preservation (Maximum of three services will be assigned to
a permit).
8.
Environmental
Services
Environmental Assessment/Studies (EIA,
EER, EAR, PIA), Office and Domestic Waste Management (Non-Hazardous), Office
Fumigation and Sanitation etc. (Maximum of two services will be assigned to a
permit).
9.
Marine
Support Services
Supply, Installation and Maintenance of
Marine Navigational/Communication Equipment, Marine Logistics, Cargo
Handling/Storage etc. (Maximum of two services will be assigned to a permit).
10. Aviation Support Services
Supply, Installation and Maintenance of
Air Navigational/Communication Equipment, Aviation Logistics etc. (Maximum of
two services will be assigned to a permit).
11. Survey Services
Land, Topographic and Geodetic Survey
Services etc. (Maximum of two services will be assigned to a permit).
12. Integrity Test Services
Pressure Testing/Leak Detection of
Vessels/Pipelines, Surface and Underground Oil and Gas Storage Tanks etc.
(Maximum of two services will be assigned to a permit).
13. Calibration Services
Calibration of Petroleum Storage Tanks,
Oil and Gas Measurement, Relief/Pressure Safety Valves Certification, etc.
(Maximum of two services will be assigned to a permit).
14. Haulage Services
Road Haulage, Petroleum Product Haulage,
Domestic Waste Transportation, etc. (Maximum of two services will be assigned
to a permit).
15. Medical/Pharmaceutical Services
Pharmaceutical Supplies, Medical
Equipment Supplies, Dieticians, etc. (Maximum of two services will be assigned
to a permit).
16. Hospitality Services
Lodging/Boarding (0-25 rooms), Onshore
Catering and other related services. (Maximum of two services will be assigned
to a permit).
17. Printing Services
Publishing and Corporate Branding
(Calendars, Cards, Plaques, Monogramming etc.), Educational Material Supply,
etc. (Maximum of two services will be assigned to a permit).
18. Automobile Services
Sales and Maintenance of Cars/Vehicles
(Without Showroom).
19. Data Measurement Services
Ullage, Fiscalization, Cargo Survey
Services etc. (Maximum of two services will be assigned to a permit).
ADDENDUM
3
SPECIALIZED
CATEGORY
1.
Off-shore
Pipeline/Production Facilities Maintenance Services
Laying of Oil and Gas Pipelines,
Pipeline Fabrication/Construction, Pipeline Coating, Pipeline Facility
Maintenance, Production Facilities Inspection/Maintenance (including Rope
Access Usage), Pipeline Pigging and Inspection, Non-Destructive Testing (Normal
or using Radioactive source), Corrosion Prevention and Control Services
(Cathodic Protection, Coating, etc). A maximum of three services will be
assigned to a permit.
2.
Major
Construction Services
Road Construction, Installation and
Upgrade of Onshore and Offshore Production Facilities and Platforms, Storage
and/or Export Facilities e.g. Oil Terminals, Depots, Jetties, Process
Facilities, FPSO Vessels, Marine Vessels, Structural, Mechanical, Electrical
and Civil Engineering Construction, Offshore Scaffolding, etc. A maximum of
three services will be assigned to a permit.
3.
Drilling/Production
Services
Supply, Hoisting and Operation of
Drilling Rigs, Core Sample Analysis, Drilling/Production Chemicals and
Materials Supply, Solids Control, other Drilling Support Services such as Well
Logging, Wire Line Services, Mud Logging, Cementation, Logging While Drilling
(LWD)/Measurement While Drilling (MWD), Cutting Re-injection etc. A maximum of
three services will be assigned to a permit.
4.
Exploration
Services
Seismic Data Acquisition, Processing and
Interpretation, Down Hole Data Gathering and Interpretation, Supply of Seismic
Materials and Explosives, etc. A maximum of two services will be assigned to a
permit.
5.
Technical
Consultancy
Engineering and Project Management,
Environmental Sensitivity Index (ESI) Mapping, Geographic Information System
(GIS), Marine Engineering, Marine Survey, Reservoir Evaluation and Management,
Technical Integrity Management/Assurance (e.g. Scaffolding Certification,
Safety Audit/Technical Surveys, Lifting Equipment Certification, Aircraft
Inspection (QC & QA), Offshore Training, Risk Management Services, etc. A
maximum of two services will be assigned to a permit.
6.
Special
Transportation
Air or Sea Transportation, Rig Move and
Deployment Logistics, Marine Vessels Supply and Operation Support Services
(e.g. Marine Security & Escort, Mooring Services, House Boats, Barges etc).
A maximum of two services will be assigned to a permit.
7.
Dredging
Services
Dredging, Hydraulic Water Channel
Maintenance, Shore Consolidation, Land Reclamation, etc. A maximum of two
services will be assigned to a permit.
8.
Waste
Management Services
Installation and/or Operation of Waste
Management/Treatment Facilities e.g.
TDUs, Incinerators, Compactors; Offshore Fumigation and Sanitation, Oil
Spill Control/Clean-Up, All Hazardous Wastes Handling, Tank Cleaning, Solids
Control and Water-based mud handling etc. A maximum of three services will be
assigned to a permit.
9.
Diving
Services
Diving, Underwater Inspections, ROV
Operation and Associated Services. A maximum of two services will be assigned
to a permit.
10. Hospital/Medical Services
Health Management Services, Hospital
Retainership, Surgery & similar medical procedures, Hospital Services, etc.
A maximum of two services will be assigned to a permit.
11. Heavy Duty Equipment Supply
Supply, Installation and Maintenance of
Turbines, Christmas Trees, Risers, SBM, OCTG/Pipes, Caterpillars, Pay-loaders,
Cranes, Elevators (Lifts), Generators, Excavators, Fork-lifts, Swamp-buggies,
LP/HP Pumps, Fire Trucks, Compressors etc. A maximum of four services will be
assigned to a permit.
12. Telecommunications
Telecommunication operators, ISP providers,
etc. A maximum of two services will be assigned to a permit.
13. Banking/Financial Services
Banking, Audit and Taxation, Financial
and Management Advisory Services, etc. A maximum of two services will be
assigned to a permit.
14. International Freight/Clearing
& Forwarding
Bulk Haulage, Courier Service, etc. A
maximum of two services will be assigned to a permit.
15. Insurance Services
Insurance Matters.
16. Automobile Services
Sales and Maintenance of Cars/Vehicles
(With Showroom).
17. Hyperbaric Services
Divers’ Fitness Certification,
Hyperbaric Oxygen Therapy (HPOT) and Associated Services. A maximum of two
services will be assigned to a permit.
18. Hospitality services
Lodging/Boarding (26 rooms & above),
Offshore Catering and other related services. A maximum of two services will be assigned to a permit.
19. Manufacturing
Products/materials manufactured are to
be specified; and not more than two times will be covered by a permit.
20. Environmental Restoration Services
Soil Remediation, Pit Back-filing, etc.
A maximum of two services will be assigned to a permit.
21.
Local
Gas Distribution Services
Natural Gas
Distribution Services.
* Harrison Declan, LL.M (Aberdeen), MCIArb
(UK) is of the Energy and Natural Resources Department of Hybrid Solicitors
and can be reached via harrisondeclan@hybridsolicitors.com
[1] This work is limited to investing in the
Nigerian Petroleum Industry as a service company or a contractor. It doesn’t
extend to other areas of investment opportunities in the industry. These other
areas include bunkering, export and import of petroleum products, filling
station ownership and operation, depot ownership, lubricant retailer, pipeline
ownership, lube plant ownership, and refinery and hydrocarbon processing. These
areas also require their own permit to be gotten from the DPR, and have peculiar
regulations governing their operations.
[2] CAP C.20, LFN, 2004.
[3] Section 19(1).
[4]
Section 8(1)(a) and Section 9(1)(a) and (h) of the Petroleum (Drilling and
Production) Amendment Regulations 1988.
[5] Section 60A.
[6] See the Addendum 1 to this Chapter for the
list of items under this category.
[7] See Addendum 2 to this chapter for the items
in this category.
[8] See Addendum 3 to this chapter for the items
in this category.
[9] Section 55 and 56.
[10] Section 106 of the NOGIC Act, 2010.
[11] See Nigerian Content Development and
Monitoring Board (NCDMB) Implementation Framework, 2013. Retrieved 27 November, 2013.
[12] The URL of the portal is
https://portal.nogicjqs.com.
[13] n. 10.
[14] Section 68.
[15] Section 7.
[16] Section 12.
[17] Section 13.
[18] Section 10(1).
[19] Section 29.
[20] Section 30.
[21] Section 8.
[22] Section 65.
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