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About the PC
The Oil & Gas Policy Commission is one of the eight Policy Commissions of the NESG through which issue specific recommendations of the annual Nigerian Economic Summit (NES) are prioritized by a core group of stakeholders, and followed up to ensure adoption and implementation by the relevant policy implementing agencies or stakeholder groups.

The Oil & Gas Policy Commission, popularly called OGPC, meets regularly after each NES to review the recommendations, develop implementation priorities, and interface with relevant actors to ensure sustained follow up on implementation. Members   initiate and commission studies, research work and  secondary dialogue processes that are necessary to facilitate successful implementation.

AREAS OF COVERAGE
To effectively carry out its activities with regard to addressing major issues that were compiled via public debates, with members and Nigeria’s intellectual community those items challenging the sustainable development of the oil and gas sector at the 12th Economic summit in 2006, the OGPC leadership deemed it right to further create a number of Sub-Committees with their various terms of references. These include:


SUB-COMMITTEES

AREAS OF COVERAGE

1. Upstrem
(Oil & Gas)

  • Rationalise Concession Policy and Lease Terms
  • Consistent Block Allocation Guidelines
  • Transparency and Due Process
  • Structure of Institutional Players in the Oil and Gas Sectors
  • The Petroleum Act,  Concession Policies, Lease Terms, Regulatory Agencies (DPR, PPPRA, etc), Local Content, etc
  • Funding of Oil and Gas Projects
  • Multiple Taxation.

 

2. Local Content (Upstream & Downstream)

  •  Local Content
    • Infrastructure
    • Security
    • Funding
    • Fiscal Policies
    • Rule of Law
    • Skill Development
    • Quality
  •  Bight of Benin, Service and Fabrication

 

3. Niger Delta

  • Niger Delta Crisis
  • Political Solution and Other Options
  • Media Response
  • Fees and Royalties

 

4. Downstream
(Oil & Gas)

  • Full Deregulation and Liberalisation
  •  Alternative Fuel – Ethanol and Infrastructure
  • Gas Act
  • Open Access

Pricing and Policy

5. Legal Drafting and Review

  • The Petroleum Act, 1969
  • The Energy Bill
  • CITA, 1990 and amendments
  • NEITI Bill/Due Process
  • NNPC Act, 1977
  • OGIC Report
  • Petroleum Profit Tax Act, 1959 with amendments in 1967, 1970, 1973,1979 and 2000
  • The Nigerian Content Bill
  • Petroleum Arrangements/Contracts (JV/JOA & PSCs)
  • The NDDC Act
  • The Niger Delta Master Plan
  • Land Use Act 1978
  • Solid Minerals Bills
  • NIPC bill
  • “Oil Pipeline Act 1956, as amended in 1965
  • Associated Gas Re-injection Decree 1979, as amended in 1985.
  • The Downstream Gas Bill
  • OGIC Report
  • RMAFC Act.
  • Etc.

 

LEADERSHIP OF THE COMMISSION
The following comprises the names of the leadership of the Policy Commission:

  1. Mr. Basil Omiyi, Chairman -  Private Sector (Chairman, Shell Nigeria)
  2. Engr. Abubakar Yar’ Adua,  Co-Chair -  Public Sector (GMD, NNPC)
  3. Ms. Lois Machunga-Disu, Consultant
  4. ***Facilitator - Vacant

Report of 2007 Activities
The highlights of the activities of the OGPC and its various Sub-Committees in 2007 are as described below:

  1. UPSTREAM OIL & GAS COMMITTEE
    Licensing Rounds: The Committee in some of its meetings discussed the issue of concessioning and decided that concession policy and lease terms should be rationalized. The Committee maintained that there should be clear and consistent guidelines for allocation of oil blocks. It was also resolved that issues such as first right of refusal, whether awards would be concessionary or non-concessionary, joint award of blocks (or consortium awards), availability or otherwise of data, should be clarified ahead of the bidding process, since it was discovered that some of the blocks on offer were bidded without data, even when ‘data prying’ fees are paid. The Committee also recommended that block allocation to serving public officers should be discouraged.

  2. DOWNSTREAM OIL & GAS COMMITTEE
    Petroleum Laws: The need to review the subsisting Petroleum laws and Policies to cover regulatory   agencies, such as PPRA was discussed. It was resolved that Oil & Gas operations should be “self-funded” (fully commercialized and deregulated), whereby oil & gas projects funds could be sourced from the capital market (locally & abroad), and that alternative fuel (ethanol) should be developed.

  3. LOCAL CONTENT COMMITTEE
    Local Content Target: The achievability of the 60% national target by 2010 was always an issue for discussion. It was noted that various numbers have been bandied around and the authenticity of this percentage was not firm, particularly when the industry “Joint Qualification System” for the measurement of Local Content was yet to be agreed upon. Provisions of infrastructure, enabling fiscal policies, access to funds, local production of materials and services, availability of industrial base etc. were identified as necessary enablers for the enhancement of local content.  In addition, it was stressed that issues of confidence, security, and rule of law should be addressed by the government and stakeholders, and that quality of services provided under the local content policy should meet acceptable standards, as it is done in developed countries.

  4. NIGER DELTA COMMITTEE
    Niger Delta: The crisis in the Niger Delta was seen as the single most serious issue affecting the Nigerian Oil and Gas Sector. It was observed that there was mutual distrust amongst the stakeholders in the Niger Delta (Communities, Oil Operators and Government). It was equally noted that disruption of oil operations was seen as not necessarily an attack on the oil companies, but as an expression of dissatisfaction with the Nigerian State. In view of this therefore, the OGPC recommended that holding ‘Town Hall Sessions’ between the Federal Government and the oil producing communities is one of the ways to address this concern.

    The Committee also noted that political solution should be sought, by way of extending a share of the assets to the people. It further recommended that stake holders, and particularly the Government, should be proactive in engaging the international community on issues affecting the Niger Delta, in order to balance international perception. In addition, current revenue allocation formula should be reviewed to give higher percentage of allocation to the local governments and the least to the Federal Government.

    Further more, it recommended that royalty and fees (pipeline right-of-way fees, gas flare penalty, and signature bonus) should go to the source communities. It was stressed that this is the practice in advanced economies, and the desired practice should be such that would bring about full participation of all Stakeholders, as against the simple derivation formula enshrined in the Nigerian constitution. It recommended also that Trust funds should be set up, and be managed by host community leaders.

  5. SUMMITS AND CONFERENCES
    NES # 13 SESSION:
     
    In September 2007, the 13th Nigerian Economic Summit (NES # 13) was held, and the Oil and Gas Policy Commission had a session, to further discuss issues and challenges facing Nigeria’s oil and gas sector. Discussions were based on the presentation and review of the comprehensive report on ‘Analysis of Issues and Recommendations for Nigeria’s Oil & Gas Sector’, earlier produced by the four OGPC Sub-Committees. At the end useful policy recommendations were issued. (See below recommendation)
         

NES # 13 OGPC RECOMMENDATIONS

 

                                                               NIGER DELTA

 

 

NOW
2008 – 2010
(2 years)

PHASE 2
2010 – 2015
(5 years)

PHASE 3
2015-2020
(5years)

What do we hope to achieve by?

 

 

 

1

FUNDING THE MASTER PLAN

  • Increase accountability
  • Checks and balances of the various allocated funds
  • The 13% derivation should be spent on CAPITAL EXPENSES (CAPEX) ONLY.
  • Enforcing compliance to one

master plan
 

 

A  jointly funded structure
(A Niger Delta Development Fund)

  • 15% state budget
  • 13% Derivation
  • 3% Oil company budget to NDDC
  • Royalty (Oil & Gas)-100%
  • Pipeline and Gas flaring fees
  • Concession rentals

Ensure the sustenance of a full market economy

Implementation and Monitoring structures to be put in place?

  • Review constitution to add controls on 13% derivation
  • Create a Joint Niger Delta Development Fund
  • Marketing external development agencies for NDDC development
  • Private sector participation

Ensure effective fiscal control

Key Performance Indicators (KPIs)  and Timelines

  • Government buy-in
  • Audit status of all players for Niger Delta Development
  • Legislative amendment(s) in view of recommendation of year 2010 and forward

Complete Infrastructure development

2

SECURITY

  • Implement immediate poverty alleviation programme – Agriculture, etc
  • Generate high employment through development Construction, e.t.c
  • Remove Illegal bunkering
  • Increase policing and training of Nigerian police force
  • Arms reclamation/amnesty
  • Identify skill gaps to support the national economy

 

  • Manpower capacity development

 

Efficient policing  of the region



 

Restructuring of NNPC

 

NOW
2008 – 2010

PHASE 2
2010 - 2015

PHASE 3
2015-2020

 

 

 

 

1

What do we hope to achieve by?

  • Empower the  GEDs to carry on the duties of the NNPC board till a new board is constituted
  • Establish modus operandi for full commercialization
  • Consolidation of full commercialization

Eventual listing of the National Oil & Gas assets on the Nigerian Stock exchange with shares sold to the public.

Implementation and Monitoring structures to be put in place?

  • (In Place)
  • Sector & Industry Regulators

Nigerian Stock Exchange

Key Performance Indicators (KPIs)  and Timelines

  • (In Place)
  • Cede full Cashflow management to new NOC and National Asset Holding Company

Financial Performance/reports as appraised by shareholders

 

ENERGY LEGISLATIVE BILLS

 

NOW
2008 – 2010 (2 years)

PHASE 2
2010 - 2015

PHASE 3
2015-2020 (5 years)

 

 

 

 

1

What do we hope to achieve by?

  • Harmonize all bills into a unified energy fiscal amendment Act aligned with the energy policy of the nation.
  • Operationalize the codified energy Act

-Ditto-

Implementation and Monitoring structures to be put in place?

  • Set-up a strong multi disciplinary team for energy legal framework harmonization

 

  • Monitor and review the Acts’ effectiveness

-Ditto-

Key Performance Indicators (KPI)  and Timelines

  • Maintain dynamic fiscal reviews to capture changing environment
  • Respect  the rule of law(Regulators ,FIRS etc)

-Ditto-

 

 

 

 

 

 

 

FUNDING

 

NOW
2008 – 2010 (2 years)

PHASE 2
2010 – 2015 (5 years)

PHASE 3
2015-2020 (5 years)

 

 

 

 

1

What do we hope to achieve by?

  • Government  cash calls to be stopped.
  • Access to capital market sources.

-Ditto-

-Ditto-

Implementation and Monitoring structures to be put in place?

  • National Energy Council
  • Bureau for Private Enterprises

-Ditto-

-Ditto-

Key Performance Indicators (KPIs)  and Timelines

  • Funds available on time to execute approved work programme

 

-Ditto-

-Ditto-

 

 

 

 

 

 

OPEC

 

NOW
2008 – 2010 (2 years)

PHASE 2
2010 – 2015 (5 years)

PHASE 3
2015-2020 (5 years)

 

 

 

 

1

What do we hope to achieve by?

  • Remain In OPEC

 

  • Continuously  Negotiate room for achieving National targets  ( OPEC Quota)

-ditto-

Implementation and Monitoring structures to be put in place?

  • Set up Energy research study centres for monitoring global energy trends

-ditto-

-ditto-

Key Performance Indicators (KPI)  and Timelines

  • Produce allocated Quota

-ditto-

-ditto

 

 

  •  

 

 

FOCUS GROUP DISCUSSION:
On November 8, 2007, the Oil & Gas Policy Commission (OGPC), in collaboration with the World Bank, convened a Focus Group Discussion with key stakeholders in the oil and gas industry on the status of Nigeria’s petroleum downstream sector and options for the sector’s reform. At the event, the Downstream Sub-Committee presented a paper, which represented the general position of the OGPC. Following the outcome of all the presentations and contributions/discussions, a communiqué was issued on the way forward for the sector. (See below communiqué)

FOCUS GROUP DISCUSSION COMMUNIQUE

  1. Pricing policies
    The current control of retail prices for petroleum products below their market level discourages participation of the private sector in refineries and the petroleum downstream infrastructure, as the private sector cannot be assured of cost recovery and profitability. Moreover, the petroleum subsidy is a drain on the budget and its effectiveness in achieving the intended social objectives questionable.  

    To remedy this situation and create conditions more favorable to participation of the private sector, the workshop recommends the following short- and long-term steps:

    Short-Term
    In the short term, it will be essential that petroleum subsidies are explicitly budgeted for (including with clear indication of the intended recipients) and that access to the subsidy follows transparent rules. The current system in which NNPC retains much of the subsidy before transferring oil revenue to the budget lacks transparency and accountability.

    Medium to Long-Term
    Petroleum subsidies do not benefit the poor and encourage waste, inefficiency, and rent-seeking in the importation and distribution of petroleum products. To be more effective as a means of social protection, the petroleum subsidy should be replaced by targeted subsidies over the medium-term (e,g. in the agricultural and transportation sectors).  Such measures should be designed based on a poverty and social impact analysis and extensive stakeholder consultations and a public information campaign. The full liberalization of petroleum prices will be essential to create conditions for an effective and vibrant petroleum downstream sector driven by the private sector.   

  2. Role of NNPC in importation and distribution of petroleum products
    NNPC’s current dominant role in importation, marketing and distribution of petroleum products discourages private sector participation and is an important factor in the decay of storage depots, pipelines and other facilities within the downstream infrastructure. 

    To expand the space for the private sector, NNPC should limit its role in the importation and distribution of petroleum products. This limitation of NNPC’s role could be an important element in the ongoing restructuring plans

  3. Deregulation 
    To create a level playing field for the private sector, it will be important to fully deregulate the petroleum downstream sector. To facilitate deregulation, key institutions such as the Petroleum Inspectorate Commission and Petroleum Products Distribution Authority should be strengthened and refocused with a view to enabling them to perform a genuine regulatory function.

    Key aspects of this deregulation should be to ensure open third-party access and transparent, non-discriminatory tariffs. 

  4. Management of refineries
    Privatization of refineries will be the most effective way of ensuring the recovery of the sector. With a view to improving the performance of refineries prior to their privatization, consideration should be given to placing them under private management contracts.  These contracts should entail clearly spelled-out performance benchmarks, and provide the private management firm with assurances that the funds required for essential maintenance and operations are available.

    The workshop urged the government to avoid large-scale capital expenditure aimed at full rehabilitation of the refineries before privatization, as such programs have not proven effective in the past. 

  5. Public outreach
    For the reform program to be effective it will be essential that the government works closely with all stakeholders and conducts extensive outreach with the public to inform them about the causes of the decline of the sector and the benefits of the chosen direction of reforms.    

WORK PLAN - 2008
The schedule of proposed activities and the approach is as summarized below:

Work Plan Items

Action Party

Methodology

Timelines/Remarks

1. Review of  NES # 13 OGPC recommendations / 2007 work activities

 


2.   Meetings

 


3.   Advocate/Lobby for 
      implementation of 
      recommendations
 

 

 

4. Summit/Workshop/Seminar
(a) Retreat with National   Assembly and       Ministerial Committee  Members on Oil and
Gas   on  world’s best oil and gas  legislative & regulatory practices.

This is to take place in Jos, Plateau State, in September, 2008.

All sub-committee leaders

 

 


All members

 


Lobby Team

 

 

 


OGPC Leadership

 

 

Set up a review
Committee & come up with a report
to be submitted  to Lobby Team

 

Review/discussion of reports and
Issues.



Meet with NASS,
Executive committee members and relevant stakeholders.
Monitor recommendations and reports for implementation

 


Opportunity should be created for interactions on the way forward.
Learn from the experiences of other oil producing nations known for best legislative practices.

On the first meeting date January / February 2008

 

 

Bi-Monthly, unless otherwise decided

 

To commence in 1st quarter, 2008

 

 



By the end of 3nd quarter, 2008.

 

5.  Research Activities

 

 

 

 

 

 

(a) Oil & Gas  
     Database/Databank
     updating

(b) Oil & Gas environment Study

 

 

(c ) Publications

 

NESG-OGPC

 

 

 

 

 

 

NESG-OGPC



NESG-OGPC

 

 

NESG-OGPC

Carry out researches on the suggested topics listed below:

  1. Downstream Product Cost Structure and Pricing
  2. Level of Local Content
    Participation
  3. Downstream Gas      Utilization Cost   Structure and pricing.

 


Liaise with NESG-Research Dept

 

Come up with study areas with clearly defined beneficial objectives and liaise with NESG-Research Dept.


Liaise with NESG-Research Dept

 

Depending on commencement dates, investigations would not last beyond 9 months. But some may last for 1, 2, or 3 years depending on the scope and subject.

 





On a Bi-monthly basis
 



Every six Months

 


Quarterly

6.  OGPC /STAKEHOLDERS
     FORUM

OGPC to hold quarterly dialogue forum with stakeholders




All members

 

 

 

 

 

 

 

 

 

 

 

Meet with core stakeholders, reach-out and deliberate on the goals of govt.

Monitor/Advocate for proper funding of NDDC and projects.

Hold Town hall meetings, communicate and inform the people of plans of govt. and stakeholders, and initiate plans & projects that will gainfully engage the people.

Meet/Liaise with regulatory agencies, the legislature and the executive in the course of collating, passing and harmonizing all Acts/Bill.

Meet with members of NASS, the executive and relevant stakeholders. Monitor and influence decisions to achieve
set target.

 

To commence immediately

 

 

 

 

 

 

 

CURRENT AREA OF ACTIVITY:
NATIONAL POLICY DIALOGUE ON PRACTICAL MULTI-STAKEHOLDER APPROACH FOR SUSTAINABLE RESOLUTION OF HOST COMMUNITY INSPIRED BUSINESS INTERRUPTION RISK IN THE NIGER DELTA REGION BY CORPORATE NIGERIA – THE OGALA INITIATIVE

As part of efforts to carry out its 2008 programmes, the OGPC is planning to hold a national dialogue on a multi-stakeholder approach for the resolution of the Niger Delta crisis. This will take place before the end of August, and it is expected to be driven by the Private Sector, with a view to bringing together key players from corporate Nigeria and other relevant stakeholders to
A-Day National Policy Dialogue as part of the build up to the Presidency’s Niger Delta Summit. 

The key highlight of the Dialogue will be a formal presentation by an international consultant appointed, who will speak on new initiatives for the resolution of this rising risk based on successfully executed models from other countries such as Canada and South Africa, and utilizing guidelines from the Presidency on the proposed Niger Delta Summit.

To this end a series of meetings are going on between the OGPC, the Office of the Vice President of Nigeria, the Niger Delta Development Commission (NDDC) and all key stakeholders towards holding a successful dialogue that would initiate and consolidate a lasting solution to the Niger Delta crises.

 
       
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