Page 5 - DMEA Week 02 2021
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DMEA                                         COMMENTARY                                               DMEA





















                         government’s take on Nigeria’s pre-final invest-  stakeholders, host communities and the indus-
                         ment decision joint venture oil projects are  try, the objectives of reform can be successfully
                         among the highest in the world. Also, the PIB  met,” it said. “A competitive bill would help pre-
                         terms for Deepwater could lead to Nigeria fore-  serve the integrity of the existing projects and
                         going over 30% of its production potential in  also encourage future growth of production
                         2030.”                               and make Nigeria an investment destination of
                           He also called on federal authorities to reduce  choice.”
                         the cost of doing business in Nigeria, saying that
                         Buhari’s government ought to do more. “This  An industry association’s concerns
                         is attributable to high security costs, significant  LCCI issued its statement shortly after the
                         administrative costs associated with overlap-  Punch newspaper reported that an industry
                         ping government department oversight and  association, the Oil Producers Trade Section
                         duplicity of demands, approval delays and the  (OPTS), had also expressed reservations about
                         inability to allow industry to optimise,” he said.  the PIB. It quoted a document issued by the
                         “Additionally, the industry has been increasingly  group as saying that the bill “does not improve
                         burdened by a plethora of fees, taxes and levies  the investment environment for new project
                         [that] amount to 10% cost increases. A PIB [that]  FIDs to be taken.”     Nigeria has been
                         drives down the cost of doing business alone   OPTS went further, commenting: “Uncom-
                         would increase the pool of value available to  petitive fiscal terms, increasing cost, unsettled   trying and failing
                         both industry and government, such that even  deepwater disputes and upcoming deepwater
                         at lower government takes, [the] government  lease expiry increase risk for investors and pre- to pass a new oil
                         would realise higher incomes attributable to  vent new investments. Nigeria’s government take
                         cutting waste and increasing growth by attract-  exceeds that of other countries for prolific deep-  and gas law for
                         ing capital.”                        water basins. [The] government take on Nigeria’s   more than two
                           The expert also urged Abuja to improve  pre-final investment decision JV oil projects is
                         conditions in the natural gas sector. “[Multi-  among the highest in the world.”  decades.
                         ple] issues along the gas value chain need to be   The group also urged greater protection for
                         addressed to maximise gas potential (e.g. com-  contracts, saying: “[The] PIB does not provide
                         petitive gas terms, resolution of gas investment/  clear assurances to investors with regards to the
                         revenue currency-mismatch, free market prices,  sanctity of existing contracts at conversion or on
                         infrastructure availability and adherence to con-  how and when NNPC liabilities will be settled ...
                         tractual obligations),” he said.     An investor’s ability to realise return on capital
                                                              under which the investment decision was made
                         A business group’s critique          is essential to competing for additional capital.
                         The PIB has also drawn criticism from other  Lack of contract sanctity compromises the integ-
                         sources.                             rity of investments and negatively impacts inves-
                           For example, the Lagos Chamber of Com-  tor confidence and willingness to further invest
                         merce and Industry (LCCI) said in a statement  and engage long term in Nigeria.”
                         earlier this month that the current version of   If these gaps are not covered, they could pre-
                         the bill laid the groundwork for much-needed  vent Nigeria from maximising the potential of
                         reform in multiple areas but would not suffice to  its deepwater fields, OPTS added. “Deepwater
                         make the country as competitive as one might  provisions in the PIB do not provide a favourable
                         hope. It urged the government to go further  environment for future investments and launch-
                         by ensuring that the new oil and gas law pro-  ing projects,” it said. “[The] PIB does not provide
                         moted efficient, effective and fiscally prudent  clear assurances to investors with regards to the
                         governance and administration practices in the  sanctity of existing contracts at conversion or on
                         industry, while also promoting the development  how and when NNPC liabilities will be settled.”
                         of host communities. Additionally, it called on   The fact that the PIB has drawn these types
                         Abuja to work harder to protect the existing  of response may mean that discussions in the
                         programmes and projects that can serve as the  National Assembly will become more heated in
                         foundation for new growth.           the near future. It remains to be seen, though,
                           “We firmly believe that based on constructive  whether the criticism serves to delay the bill’s
                         co-operation between the government and other  passage any further. ™



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