Tanker vessel
A major breakthrough has been recorded in the efforts to enforce
compliance with the Nigerian Content Law by oil and gas operations, as
the Nigerian National Petroleum Corporation (NNPC) has finally reviewed
the 2012/2013 crude oil lifting guidelines to comply with the Act.
The NNPC was accused by local operators of acting above the law when it
deliberately issued 2012/2013 guidelines for crude oil lifting
contracts to favour foreign contractors, prompting the intervention of
the Nigerian Content Development and Monitoring Board (NCDMB) and the
Presidency.
But following our report, which prompted the intervention of the
NCDMB and the Presidency, NNPC at the weekend issued new guidelines to
conform with the Nigerian Content Act.
Under the new guidelines, the NNPC adopted part of the 2011 rules,
which required that the contractor must show evidence of yearly turnover
of $500 million; minimum net worth of $100 million; and investment in
the upstream sector to increase national oil reserves and production
capacity.
In the previous guidelines, the NNPC had required that each applicant
would pay a $5 million deposit before buying the first oil cargo, but
this deposit has not only been reduced to $2.5 million in the latest
guidelines but would also form part payment for the first cargo.
Also to ensure that the guidelines comply with the Act, interested
applicants are now required to provide commitment from prospective
shippers to lift Nigerian crude, “that a minimum of five slots per cargo
shall be set aside for ocean-going attachment of Nigerian cadets for
the purpose of obtaining international certification”.
“Interested applicants must submit a Memorandum of Agreement with
shippers demonstrating a credible strategy to grow Nigerian equity in
the tankers nominated to lift allocated Nigerian crude to 25 per cent by
2014 and 90 per cent by 2017. It should be noted that evidence of
Nigerian equity in the nominated tankers prior to conclusion of the
process shall give trader competitive advantage,” said the guidelines.
The new guidelines also require interested applicants to submit a
detailed Nigerian Content execution strategy to the satisfaction of the
NCDMB, clearly setting out Nigerian Content commitments for
subcontracting in some selected areas of the economy.
These areas include insurance and legal services; banking and financial
services; training and capacity building and cargo inspection and
survey.
A local operator, who spoke on the new development on condition of anonymity at the weekend, expressed appreciation to the Federal Government for “calling NNPC to order”.
A local operator, who spoke on the new development on condition of anonymity at the weekend, expressed appreciation to the Federal Government for “calling NNPC to order”.
We had reported that the Federal Government might be forced to
cancel the earlier guidelines issued by the corporation as it violated
the Act and would have effectively excluded local companies from the
crude oil lifting contracts.
Before the intervention of the Presidency, the NCDMB had directed NNPC
to cancel the initial guidelines but the spokesman of NNPC, Dr. Levi
Ajuonuma, insisted that the guidelines had come to stay, adding that it
was meant “to separate the boys from the men”.
Some local contractors had threatened to challenge the guidelines in
court, alleging that the Group Managing Director of NNPC, Mr. Austen
Oniwon, had pitched his tent with foreign contractors by making the
conditions too stringent for the local companies.
The NNPC had complied with the Nigerian Content Act in the 2011 tender,
as it required participants to show evidence of compliance with the Act
before being considered eligible for lifting Nigerian crude.
The 2011 guidelines also required applicants to show evidence of yearly
turnover of $500 million; minimum net worth of $100 million; and
investment in the upstream sector to increase national oil reserves and
production capacity.
Other requirements were: evidence of investment in the downstream
projects, refining, petrochemicals, distribution and storage of
petroleum products, gas utilisation projects; Independent Power Projects
(IPP); and readiness to invest in railway.
But in what would have ensured that indigenous companies with massive
investment in Nigeria were disqualified in the initial tender for
2012/2013, the NNPC excluded investments in the country as part of the
criteria and also jacked up the yearly turnover and net worth to $600
million and $300 million respectively.
Also, in what would further ensure that the scheme favoured mostly
foreign contractors with very deep pockets and easy access to
international capital, the NNPC had also provided that each applicant
would pay a $5 million deposit before buying the first oil cargo.
Swiss-based Vitol, Glencore and Amsterdam-based Trafigura are some of
the foreign traders that would have been more favoured if the first
guidelines had succeeded.
We gathered that it is only in Nigeria that foreign traders buy directly from national oil company as most crude oil exporting countries prefer to deal directly with refineries.
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