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The Nigerian Content Law.






Nigerian Content Law in Summary

(1) The Federal Government shall at all times promote the involvement of indigenous companies and manpower and the use of locally produced goods and services in all areas of the petroleum industry in accordance with existing laws and policies. (2) Where any contract for work or services is considered to be within the capabilities of Nigerian companies, in accordance with any law relating to Nigerian content, the tender list shall be restricted to Nigerian companies. (3) All companies involved in any area of the upstream or downstream petroleum industry shall, as a condition of their license, lease, contract or permit, as the case may be, comply with the terms and conditions of any law relating to the Nigerian content law in force at the time. (4) Failure to comply with the terms of any local content law as determined by the Inspectorate shall be a ground for revocation of a license, lease, contract or permit that may have been previously granted to the company that failed to comply with the said terms.


The Nigerian Content Law.

For more information on the Nigerian Content Law please visit the official website of the Nigerian Government Local Content page found in this introduction to the Nigerian Content Law.

Local Content development is an initiative on the part of the Nigerian Government to help develop local capacity building in the Nigerian Oil & Gas Industry and to enable Nigerians participate actively.

It can be seen as the utilization of the Nigerian human and material resources in the exploitation and exploration of the Nigerian hydrocarbon resources. The Oil and Gas industry worldwide plays a dominant role in technology development advancement of the use of local inputs as a way of reducing production costs and improvement of economic base of the respective oil producing countries.

In Nigeria, the Oil and Gas sector plays a very dominant role to the economy in that 90 percent of the total revenue is from Oil and Gas production while over 90 percent of the nation foreign exchange earnings comes from the sales of crude oil and gas.

Therefore a situation where less than 5 percent of the total annual budget in the Nigerian oil and gas industry comes from local Nigerian content is very worrisome to both the Federal Government and citizenry.
 
Nigerians have very little share of the oil and gas business, local participation is very low and in order to arrest and dissuade capital flight, a local content policy has been developed. The objectives of the local content development is to significantly increase the contribution of the expenditures in the upstream sector to the Gross Domestic product over a defined period of time.
 
It is hopeful that local content development would ensure that the quantum or percentage of locally produced materials, personnel, goods and services rendered to the industry are increased, thereby generating more employment and economic empowerment

The Nigerian Government is actively promoting the internalization of inputs in the upstream sector. The objectives of the Local content policy are to promote a framework that guarantees active local participation without compromising standards; to promote value adding in Nigeria through utilization of local raw materials and human resources; and to promote steady, measurable and sustainable growth of Nigerian content.

Both foreign and Nigerian investors, either solely or in partnership, have the opportunity to participate actively and effectively in all the facets of the industry and not just as suppliers of peripheral services, particularly as Exploration & Production operations expand towards the deep offshore and the Gulf of Guinea.

Legal, regulatory and institutional structures and mechanisms to drive the actualization of the local content program are being put in place.

WHAT IS NIGERIAN CONTENT?

Nigerian Content is defined as the quantum of composite value added or created in the Nigerian economy through the utilization of Nigerian human and material resources for the provision of goods and services to the petroleum industry within acceptable quality, health, safety and environmental standards in order to stimulate the development of indigenous capabilities.

WHAT ARE GOVERNMENT TARGETS FOR NIGERIAN CONTENT ?

The targets set by the Federal Government for Nigerian content is 70% by 2015

WHAT IS NIGERIAS NATIONAL PETROLEUM CORPORATION'S VISION FOR NIGERIAN CONTENT?

Their "Nigerian Content" vision is to transform the oil and gas industry into the economic engine for job creation and national growth by developing in-country capacity and indigenous capabilities. In this way, greater proportion of the work will be done in Nigeria with active participation of all sectors of the economy and ultimately Nigeria will be positioned as the hub for service delivery within the West African sub region and beyond .

WHAT IS THE MAIN THRUST OF THE NIGERIAN CONTENT POLICY?

Promote a framework that guarantees active participation of Nigerians in Oil and Gas activities without compromising standards in order to stimulate growth of indigenous capacity.

Promote Value Adding in Nigeria by Utilization of local raw materials and human resources for manufacturing of goods and provision of services to the Petroleum industry.

Promote steady measurable and sustainable growth of Nigerian Content.

WHAT FRAMEWORK IS IN PLACE?

A national vision and action plan included in a Policy Package. Based on contributions by stakeholders and key players in the industry at numerous workshops and seminars, a Nigerian Content Policy has been submitted to the Government and approved. 

A legal device in the form of an Act, Statute or Regulation to give it normative force.

A draft Nigerian Content Development Bill has been submitted by NNPC to the government which has been passed this year. The enforcement of this regulation is the responsibility of the Department of Petroleum Resources.

An organizational framework which sees to the implementation of the Policy.

A Nigerian Content Division, headed by a Group General Manager was set up in March 2005 under the Group Managing Director's office of the Nigerian National Petroleum Corporation. The division is sufficiently empowered to work with industry stakeholders and relevant arms of government to develop strategies, drive implementation and ensure compliance with directives being issued to the Oil companies regarding the Nigerian Content aspirations of Government.

A Nigerian Content Consultative Forum (NCCF) was also inaugurated with 8 Sectors Working Committees covering Fabrication, Engineering, Manufacturing, Banking & Insurance, Shipping & Marine, Well & Drilling as well as Logistics services.

Another key feature of the organizational framework is the introduction of a Joint Qualification System (JQS) into the contracting process to provide a data bank of available Contractors and Suppliers of goods and services to the Nigerian Petroleum Industry and streamline the prequalification process. The JQS has been launched. It will eliminate subjectivity and open up genuine opportunities for participation of qualified Nigerian contractors.

WHAT INTERVENTIONS TO MEET TARGETS OF 70% BY 2015 SET BY GOVERNMENT?

NCD is gathering data and developing interventions in consultation with the 8 Sectors committees of the NCCF keyed to the achievement of government targets. To this end, the first set of specific intervention guidelines have been issued to all Operators and NNPC departments responsible for projects and operations in the upstream, midstream and downstream sectors on the scope of work that must be performed in Nigeria to achieve set targets.

The notable guidelines are as follows;

 

HOW ARE THE OIL COMPANIES RESPONDING TO THE NIGERIAN CONTENT INTERVENTIONS?

The Oil companies are already Nigerian National Petroleum Corporation's partners in several Joint Ventures and PSC arrangements for E&P investments in the industry. Expectedly, they have received support from the oil companies who have participated in the review of the draft Nigerian Content Bill, JQS and Capacity Development programs. The oil companies also belong to the NCCF which meets monthly and have complied with several requirements of the Nigerian Content Department. Nigerian Content Managers have been designated in the Oil companies in line with the coordination procedure.

WILL THE NIGERIAN CONTENT POLICY STRAIN THE RELATIONSHIP BETWEEN NIGERIAN NATIONAL PETROLEUM COMPANY AND MULTINATIONAL OIL COMPANIES?

No. Most multinational companies that do business in Nigeria have had experience in Local content development in their home countries and other locations where they operate. To ensure a smooth transition, NNPC has consulted widely and adapted tested and sustainable strategies from other countries in similar setting.

HOW WILL NIGERIAN CONTENT DEAL WITH EXPATRIATE QUOTA IN THE OIL AND GAS SECTOR?

The Nigerian Content Bill makes provisions that empower the Department of Petroleum Resources to participate in the processing of expatriate quotas for cases involving the Oil and Gas industry. Also the requirement for professional bodies to certify foreign professionals who want to practice in Nigeria is another way to ensure that only unavailable expertise is imported. Professional bodies have been approached to work out modalities.

ARE THERE SANCTIONS FOR NON-COMPLIANCE WITH NIGERIAN CONTENT PROVISIONS?

The draft bill makes provision for sanctions and penalties to be applied to defaulting participants. The coordination procedure also provides checks and monitoring points to ensure compliance proactively.

WHAT ARE THE KEY EXPECTATIONS FROM NIGERIAN CONTENT INITIATIVES ?

In the short term, the intervention guidelines are expected to create several thousands of jobs for Engineers, welders and other professionals and artisans in the Engineering, Procurement and Construction phase of all oil and gas projects.

With requirements for utilization of locally manufactured goods and equipment, major investments in infrastructure are expected and the local manufacturing industry will be reinvigorated.

WHICH SECTORS ARE COVERED BY NIGERIAN CONTENT POLICY?

The policy applies to all sectors of the Nigerian Oil and Gas industry. In this phase of activities, primary focus is placed on major contracts and operations in Upstream, (JV, PSC & Indigenous Producers) Midstream (Gas & Power Projects) and Downstream (Refinery, Petrochemicals and other) sectors.

The plan is to make progress with this initiative to the extent that other segments of the national economy begin to benefit from the capacity of the oil and gas sector.

WHAT ARE THE RECENT ACHIEVEMENTS THROUGH NIGERIAN CONTENT?

A lot is going on in the Nigerian Content scheme. Apart from the organization of many Nigerian companies to brace for the several opportunities from the recent guidelines, actual progress has been recorded in quantum of work awarded to Nigerian Contractors. Oil companies have realigned their work plans to reflect the aspirations of the policy. Nigerian Content Division is ensuring that any work that can be executed in Nigeria or by Nigerians is specified in the Nigerian content scope in ITTs before they are issued.

HOW DO YOU PLAN TO BUILD REQUIRED CAPACITY FOR NIGERIAN COMPANIES IN THE INDUSTRY?

Capacity building is one of the key plans for achieving governmental targets and this is pursued in the following activities;

1.      Survey of available capacity and identification of needs for new projects and operations;

2.      Identify new Opportunities for Local suppliers;

3.      Training of Nigerians in targeted areas of competency and acquisition of Technological and Managerial capability;

4.      Development of infrastructure and upgrade of facilities

5.      Local Business and supplier enhancement;

6.      Project Financing and funding of local businesses.

We encourage all our clients to partner with Integrity Intercontinental as your Nigerian Local Content partners in all your Nigerian oil and gas dealings. This will indeed help in facilitating the speed required not just in the geting of contracts and deals but also in thier fulfilment.

For more information on the Nigerian Content Law please visit the official website of the Nigerian Government Local Content page here.

www.nigcontent.com

Thanks in advance.

Anakwe Joseph Chimeleze
CEO/Chairman
ceo@nigeriancrudeoilandgas.com






                     





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