Regulatory Compliance – Nigerian Oil and Gas Industry Content Development (NOGIC) Act

Regulatory Compliance – Nigerian Oil and Gas Industry Content Development (NOGIC) Act
  • Advised A Nigerian drilling company on various corporate restructuring models to achieve compliance with the Nigerian Oil and Industry Content Development (NOGIC) Act and the Nigerian Content Development and Monitoring Board (“NCDMB”) regulations. This involved preparing legal opinions on the requirement of the Act and aligning Company’s existing structure to the stipulations of the NOGIC Act and the NCDMB regulations. Our responsibility included also meeting with the Board of the NCDMB, on Company’s behalf, to make presentations on Company’s models and to make necessary clarifications that the NCDMB might require at such presentations. We also attended stakeholders meeting on Company’s behalf at which we canvassed the model(s) proposed by Noble.
  • Advised A drilling company on suitable corporate structures to ensure compliance with the NOGIC Act, NCDMB regulations and the Cabotage Act with regards to its deployment of an FPSO. This involved preparing an analysis of several suitable structures for consideration by Management of  the company and requisite agreements. We also undertook a detailed legal and risk analysis on the proposed structure as well as considering tax, permits and other related issues.
  • Advised A drilling company on various corporate restructuring models to achieve compliance with the NOGIC Act and NCDMB regulations relating to ownership of rigs deployed in the oil and gas sector. This involved preparing legal opinions on the requirements of the NOGIC Act and the NCDMB regulations. Our responsibility included also meeting with the Executive Secretary of the Board of the NCDMB, the Projects and Operations Unit of the NCDMB, the Head of Strategy and the Director of Legal Services of the NCDMB to ensure correct restructuring advice was provided. Also attended meeting with the Tender Review Committee to assist in making presentations and clarifying the structure proposed before the International Oil Company and NCDMB.  We were also involved in setting up local subsidiary companies and obtaining requisite approvals and also advising on specific laws and regulations guiding the entry of foreign companies into Nigeria’s oil and gas upstream sector.
  • Advised A drilling company on suitable corporate structures to ensure compliance with the NOGIC Act. Engaged with the Legal Department of the NCDMB in making presentations and clarifications of the structures, on behalf of the Company. Continuously interacting with the Executive Management of the NCDMB, particularly the Executive Secretary in defence of the Company’s structure and in responding to queries regarding compliance.
  • Advised a shipping company in the corporate restructuring of the company to ensure NOGIC Act compliance. We also represented the Company before the Monitoring and Evaluation Unit of the NCDMB during its industry wide investigation of compliance with the NOGIC Act.
  • Advised an oil servicing company in Nigeria on a suitable corporate structure to ensure compliance with the NOGIC Act. Engaged with the Project and Operations and Monitoring and Evaluation Units of the NCDMB in making presentations and clarifications of the structure on behalf of the Company.
  • Advised an oil servicing company during an investigation of its NOGIC Act compliance status by the Investigation and Compliance Unit of the NCDMB. We continue to interface with the Compliance and Investigation Unit with a view to a meeting with the full board of the NCDMB.
  • Advised an indigenous Energy Services Company on suitable corporate structure and NOGIC Act compliance issues in its joint venture arrangement with an International drilling company.
  • Cabotage Trade Advisory Service – advised several shipping companies on prerequisites for participation in Nigeria’s Cabotage trade.
  • Public Hearings- Represented several clients including drilling companies, Shipping companies, Terminal Operators, at public hearings held by the Senate, the House of Representatives and State Houses of Assembly on issues relating to the State of the Nigerian Customs Service and the poor performance of its statutory functions and duties; investigations on the transport sector, particularly on compliance levels with the Cabotage Act 2003 and waivers granted under the Act; and on the level of compliance with the Nigerian Oil and Gas Industry Content Development Act 2010, particularly as it relates to the employment of indigenes of the States.

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