nigerian content act

38
NIGERIAN OIL AND GAS INDUSTRY CONTENT DEVELOPMENT BILL, 2010. EXPLANATORY MEMORANDUM This Act provides for development of Nigerian content the Nigerian oil and industry, Nigeria content plan, supervision, coordination, monitoring and implementation of Nigerian content.

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Page 1: Nigerian Content ACT

NIGERIAN OIL AND GAS INDUSTRY CONTENT DEVELOPMENT BILL, 2010.

EXPLANATORY MEMORANDUM

This Act provides for development of Nigerian content the Nigerian oil and industry, Nigeria content plan, supervision, coordination, monitoring and

implementation of Nigerian content.

Page 2: Nigerian Content ACT

NIGERIAN OIL AND GAS INDUSTRY CONTENT DEVELOPMENT BILL, 2010.

ARRANGEMENT OF SECTIONS

Section: PART I - NIGERIAN CONTENT DEVELOPMENT IN OIL AND GAS INDUSTRY 1. Application 2. content as philosophy for project execution 3. First consideration to be given to Nigerian operators 4. Role of Nigerian Content Monitoring Board 5. Promotion of measurable growth of Nigerian content 6. Conformity of petroleum arrangements and other agreements 7. Submission of Nigerian content plan for projects 8. Certificate of authorization 9. Public of plan lO.Contents of the plan II.Minimum and specification

consideration for Nigerian goods and services nT\T.".,nT of the plan to contain details

content bid evaluation and fair opportunity for Nigerians

16.Principal of bid evaluation 17.List of contracts be submitted to the Board 1 8. Submission of job the Board

.......... ";;:n .. ,., .............. vJ. ... of contract for review 20.Documents to be submitted to Board during stage 21.Documents to submitted to Board.during vJ.u ........ .A.

22.Documents to be submitted to the Board during award 23.Designation and review of contracts 24. Quarterly procurement report 25.Establishment of project office 26.Personnel local office 27.0ffice in community ofr.·""", ... oT.

28 consideration for employment and training Submission employment and training plan

30.Training of Nigerians 31.Requirement succession plan 32.Allowance for expatriate position

Page 3: Nigerian Content ACT

·Approval of Board for application 34.Requirement for Labour Clause

. Compliance by the operators 36.Research and development regulations 37.Programme for and development 38. Submission and content ofR and D Plan 39.Report on R and D plan 40.Regulations training 41.Regulations for :further growth of capacity 42.Regulations for with Nigerian professional bodies 43.Programme for technology transfer plan

technology transfer plan 4S.Support of technology transfer 46. Technology 47.Regulation to establish operations 48.Fiscal incentives 49.Insurance and reinsurance business 50.Approval for V.LJ.~UJ.V..l. 5 1. Legal 0""""'''(''''

52.Financial services .Prohibition importation of welded products

54.Petroleum e-marketplace 55.Establishment of Joint Qualification "':"I:TO'tPTn

56.Functions of the Joint Qualification System up of Content Consultative

58.Composition of Nigerian Content Consultative Forum 59.Powers NCMB to monitor implementation oftbis Act. 60.Requirements for submission Perfonnance Report 61.Content of performance report

As:seS:SIDlem: and report 63 . Directives to facilitate reporting 64.Access to facilitate for assessment and verification purposes 65.Requirements third party access 66.Responsibility to communicate Nigerian content policies to contractors 67.Responsibility of Board for enlightenment on content 68.0ffences and penalties

Page 4: Nigerian Content ACT

PART II- ESTABLISHMENT OF THE NIGERIAN CONTENT MONITORING BOARD 69.Establishment of the Nigerian Content Monitoring Board 70.Functions Board 71.Establishment of the Governing Council of the Board 72.Composition of Council 73.Appointment of Chainnan and membership of the Council 74. Status of appointment of Executive Secretary

.Powers of the Council 76.Tenure of office 77. Cessation of membership of the Council 78.Replacement of membership 79.Removal of members 80.Remuneration of members 81.Appointment of Executive Secretary, functions and tenure

of Secretary 83.Cessation of office 84.Resignation of appointment 8S.Other 86.Direct appointment and secondment 87. Transfer of 88.Directorates 89. in the Board

PART ID- FINANCIAL PROVISIONS

90.Funds of the Board 91.Budgetary and estimates report 92.Gift to 93.Expenditure and account 94. Audit

.Acquisition of land or interest in land for office use. 96.Legal proceeding 97.Indemnity 98.Service of documents 99.Engagement and staff 100. Powers of the Minister to directive to Board 101. Regulations 102. of the Schedule 103. Savings and transitional provision

Page 5: Nigerian Content ACT

Content Development .LI ..... .l,v ... ""''', ......... ''', .... of compliance

Page 6: Nigerian Content ACT

NIGERIAN OIL AND GAS INDUSTRY CONTENT DEVELOPlVIENT Jl..Jl!JLLlLl, 2010. A

FOR for the development Nigerian in the Nigerian oil and gas

plan, supervlslOn, coordination, monitoring and implementation of and for matters.

[ ]

byfue au.\.JI.LI.al Assembly of the ...... flIP.,.". Republic

1- ~\JL::.J:U.I1U"t CONTENT DEVELOPMENT IN AND INDUSTRY

Notwithstanding anything to contrary in the Petroleum Act or in any other Application ena,ctrrLent or law, provisions of this Act apply all matters to PIO, LFN Nigerian content in of all or transactions out in or 2004 with the oil and industry.

All regulatory authorities. alliance partners entities in any operation, activity or in Nigerian oil

and industry consider content as an important element overall project development management philosophy for execution.

3. (1) Nigerian independent operators shall be award of oil

Nigerian content as management philosophy for project execution.

blocks. field oil lifting and f'nr.Tr!>,f"T is to be to awarded the Nigerian and gas ll.I.U.U.ilU. such conditions as be given to

Nigerian operators,

maybe by the

exclusive consideration to

contracts

of Nigerian personnel and "' .... \.1,......., ...

Nigerian Act.

Act and promotion of of licences, and other interest

........... ' ..... v.u.. transportation and development or other

The Nigerian Content Monitoring procedure that will

f'the "Board 11) ,,"UU"'~.L""'''''' ill Role of acc:or(llan(~e with Act shall mo~tor, coordinate implement the provisions of this

Nigerian Content Monitoring

Page 7: Nigerian Content ACT

implement provisions of this Act with a view to a of continuous growth Nigerian content all oil

op~~rations, activities or transactions the and industry.

6. Act, all subsequent oil

measurable

Nigerian content.

contracts or memoranda of un<lerl~tarld.J.Ilg any operation or petroleum the Nigerian oil and industry shall be the provisions

7. In the bidding for licence, or 1'M1-'''' ..... C!1" carrying out in Submission the Nigerian oil gas industry, an operator submit a Nigerian Content Plan (lithe

of

Plan ") the Board demonstrating with the Nigerian content requirements content plan for Act. all projects.

The review and assess plan and, satisfied that plan complies with Certificate the provisions of this ISSue a Authorization ("the Certificate') to the authorization. operator for project.

9. reVlew such from

the purposes of reviewing or plan. the conduct a public relation to of of its functions under this Act provided that

or is completed and issued or denied 30 days date of commencement review or assessment.

10. (1) A COlltaln provisions J..U ............ ,~ ... to ensure that -

(a) first consideration be to to goods manufactured in Nigeria; and

provided from urn-".,., .l""I"''''~,La and

(b) Nigerians shall be consideration training employment the work programme for which the plan was submitted.

(2) Any collective ag[:eelneJ1t ...... f-"" ..... rf into by the operator, project promoter or other body any of employees terms and conditions of project shall contain provisions vvJ.'-'>,l.,."'& ... c

this section.

11. (1) As from the commencement ............. , ........... , ........... Nigerian content ,.....,.,...., ... 1"1" to be in the oil the set in Schedule to this

of plan.

COlltenlts of the

Minimum and specification

content.

Where a project description not in the Schedule to this Act) the Board shall Schedule set minimum content level for that project or project item the inclusion the

Page 8: Nigerian Content ACT

minimum content level for that or 't'\'!'I'\,p",T an amlename:nt of Schedule to this Act by the National Assembly.

(3) All operators. alliance partners and contractors shall comply with ffilllimUID Schedule content for project service or product spe:cl!l.catlon set out the

schedule this Act.

(4) Notwithstanding the proVIsIons of subsection (1) of this section, where there is Schedule inadequate capacity to any of the in the to this Act, the Minister may authorize the continued importation of relevant and such approval the Minister shall not 3 years from the commencement of this Act.

seCl110n 7 Act, Nigerian Content Plan submitted to the Board by an contaIn a detailed plan, to out how

operator and their contractors will give first consideration to Nigerian goods and including specific showing how consideration is considered and assessed by the operator in evaluation of bids goods and required by the project.

13. The content plan submitted to the by any operator or Contents shall contain detailed plan on how the operator or alliance partner intend to ensure the plan to contam use of locally manufactured where such goods meet the specifications the details. industry.

14. All operators and project promoters shall consider Nigerian when any bid bids are within 1 % of each other at commercial and the bid containing highest level of Nigerian content shall be selected provided the Nigerian

Nigerian content in bid evaluation.

content in the selected bid is at least 5% than its competitor.

15. All operators and alliance partners shall maintain a bidding process for acquiring goods Full and and services which shall give full and opportunity to Nigerian contractors opportunity for and Nigerians

16. The award of contract shall not be solely on of the lowest where a indigenous company has capacity to execute such job and the company shall not be disqualified exclusively on the basis that it is not the lowest ftnancial bidder, provided value does not exceed lowest bid price by 10 percent.

Principle evaluation.

bid

17. (1) proposed project<;, by List of contracts operator to be excess of $1,000,000 (USD), the operator shall provide to Board to be submitted

aa'rertlsements. pre-qualification criteria, technical bid documents, technical to the Board. "'J..lL .... ~J. .. and the proposed bidders lists.

(2) The operator or project promoter submit infonnation with the notifications to enable assess the subject and to be that the requirements for Nigerian content been complied with by the operator or project promoter.

Page 9: Nigerian Content ACT

18. (1) The operators shall submit to the ....,0.; ............. 30 days prior to flrst day of Submission of a list of and purchase exceeding $1,000,000 job

(USD) which will bided or executed in the quarter. to .tJv.;u.y,.

(2) each contract, subcontract and provide -(a) a of the service or be contracted or UJ.""'.u.""""u (material and equipment specifications shall be provided upon request);

(b) estmIated of contract, subcontract or purchase order;

(c) the Invitation To (ITT) lSSU<3.DCe ITT award

(d) other infonnation reQIUeJ:;ted by the Board the purposes of iInplementing provisions

19. section 17 of this Act, Board shall advise the operator, by first day of of quarter, which contracts and sub-contracts have been by the Board for contract for review shall advise operator of the outcome of such contract review. review.

20. Prior to issuing of or pre~qua1ification notification prospective bidders. the Document to operator or promoter shall submit to the Board the following for review and submitted to the approva1:- during

of the scope of work;

(b) a copy of the pre-qualification notification, the notification

from reviewed by the Board;

(c) a list of companies, indicating locations of head offices, whom questionnaires shall issued; and

(d) anticipated closure prequalification and commencement of ~""',UJ..u ........ evaluation, .I.,,»lJ.a..u,\JV of aD. Invitation To (IIT).

21. purposes of compiling a bidding list for any project, the operator, project

stage.

promoter or alliance partner shall submit to Board, prior to an Invitation To submitted to the

(a) a list of bidders;

(b) a copy of Invitation To Tender (IT1) (the Board shall advise operator nre:m<::nt.s in this on a case by case basis);

Board during bidders' list

Page 10: Nigerian Content ACT

operator

(c) a description of corporate bidders;

by percentage) of

(d) location of any Nigerian office, plant or

(e) anticipated closure of bids and award of contract or purchase order;

(j) any other mi()nD.aUC)D .... "'" ....... by Board.

award contract, subcontract or order to the "''''H_'''L ......... bidder, submit to the Board -

(a) the name of the selected contractor or vendor;

(b) a list sub-contractors or sub-vendors;

(c) where applicable, a of proposed sub·suppliers;

Cd) for construction or service contracts; person-hours);

estimated employment (in

(e) contract or purchase order commencement and completion

(f) award Notification Form signed by an appropriate official of the operator; and

(g) statement of award rationale (evaluation of bids) showing-

(z) 1JeI'ceIlta~~e difference between sel~~cte:a bidder and

(ill a primary location of work .......,""J ...... "', • ...., .... with bidder,

(iiI) estiIrultes of content associated with the bid each calculated accordance with the definition of content be

by

(tv) other relevant to evaluation bidders including where applicable, a summary of content aspects of the bid evaluations.

.,",VJL.U.ll'~, commercial and

Documents to be submitted to the Board ........... J.lll". award

se:ssmlJI1l of the documentation received in compliance with section 19 and Board shall advise the operator, within 10 days, which contracts, subcontracts review of

purchase orders have been by the Board for and contracts . ....... ".llGI.;:,,, ..... 'rrl""r(! shall reviewed to the satisfaction of the

Board.

Page 11: Nigerian Content ACT

24. (1) operator to Board, within 30 days at the end of each a Quarterly listing all subcontracts and purchase orders $1,000,000 procurement (USD) or such other limit as the Board may awarded in previous report. quarter.

(2) listing shall provide -

(a) a list of all and

(b) value contract or

(c) name contractor or vendor; (d) a primary location of work;

(e) of Nigerian con1:ent;

ifJ commencement and completion date; and

(g) any other mIcmD.atiC)n ",,,',,,,,,,,..,,,r1 by the Board for purposes of implementing provisions of this Act.

Where applicable, before carrying out any work or activity in other body submitting a plan shall establish in the Catchment

located, a project where project and prorcUI'ement aeC:lS1C)n "".""''"-=5

are to place, to the of the Board.

26. operator shall locate~ within project personnel with a.e(aSlOn~'m;:l.KlIlg authority accordance with a list of personnel to be approved by Board.

Establishment of project office.

Personnel for local office

Subject to section 25 of Act, the Board shall have any operator Office in to maintain an a Community the operator has ;:).I.5u.u.Jl .......... n operations. of

operation.

28. (1) consideration for

Act, shall be the first First

project promoter in the Nigerian oil project executed by

industry.

(2)The Board shall ensure that the operator or project promoter ,L.U. ..................... ...., a reasonable number of personnel from areas it has significant operation.

operator or promoter project shall contain an (E T Plan) which shall include -

(a) an outline of the-(i) hiring and needs of the operator or project promoter and

operator's major contractors with a breakdown of the needed. Cli) anticipated skill shortages in the Nigerian labour force.

consideration for employment

Submission of employment and training plan.

Page 12: Nigerian Content ACT

project sDe~11:1c trammg requm~ments, and (iii) (iv) anticipated expenditures that will made directly by in

implementing the E and T Plan as a and actual expenditure;

(b) a time frame employment opportunities for each phase of project development and operations, enable members of the Nigerian workforce to ft,."'·,...."',·p themselves for such opportunities;

( c) the operator or project promoter shall report to the Board quarterly on employment and activities the reporting period and compare this to the E T Plan and the report shall include~

the (i) (ii) (iii)

their place of residence at the time of hiring, and employment status; and.

(d) any other information required by the provisions of this Act.

for

30. Where Nigerians are not the operator shall to the of Board, that made

reasonable to supply training locally or elsewhere and such procedure for its execution shall be contained in operator's E and T Plan.

31. (1) each of its operations, the operator shall submit to the a succession plan for not held by shall provide for to understudy incumbent expatriate for a maximum of four years and at the

year period the position shall become Nigerianised.

(2) All indigenous shall and benefits as provided for the operators' conditions of service for Nigerian

(3) All conditions of to the Board.

and demography all operators shall be available

Training

Requirement sUCI;;eSS>lon plan

32. For each of operations. an operator or project promoter may retain a maximum Allowance for per of management positions as may approved by the Board as expatriate expatriate

positions to care of investor position.

33. (1) Upon the commencement of the shall application to. Approval of the approval of. the Board before making application for expatriate quota to Board for

the Ministry of Internal Affairs or other agency or Ministry of the Federal application for Government. (2) The shall detailed shall include

(a) job titles; (b)description of responsibilities; (c) the duration of the proposed employment in and

Page 13: Nigerian Content ACT

(d) any other information required by provision of this

Board purposes of implementing the

34. Notwithstanding the provisions of the Schedule to this all or contracts Requirement for IILabour Clause" Labour vUI.U;:'I;;.

sne:clttc cadres as whose total budget exceeds $100 million (USD) contain a mandating the use a minimum percentage of Nigerian labour be stipulated by the

,.

35. All operators and companies Nigerian oil and industry shall employ only Nigerians in their intermediate cadre or any other COI'!eSPOIlalllg

the OPt~rator or company.

Minister shall with and targets for the OT{'\'uJth

development in the Nigerian oil and gas industry.

Schedule

Ke,searcn and development

37. For project which a plan submitted~ an out a Programme for programme and make expenditure, to the ;:'Q,U,;:IJ.Q,'I,;U\;lll of the Board, for the promotion of research and education, and development Nigeria relation to its development. work programme and activities. 38. (1) The operator shall submit to the Board Research Development Plan and Plan).

update, every six months, operator's Submission and content ofR andD Plan.

(2) and D Plan i'lllaJll-

plan for oil and be undertaken in Nigeria. together with a

breakdown of the expected expenditures that will be made in implementing R and D Plan; and

(b) provide for public calls proposals development ass,oCllate:Q with operator's

39. operator shall report to the Board, on quarterly basis, with respect to its R and D Report on R and activities and the Board shall compare to the operators D Plan. D plan

40 (1) IvIinister establishing minimum standards, .~_., .. _.,~, personnel and technology for training in the oil and gas industry.

(2) The regulations shall ",,,, .. ,,.,,nl ...... "._u ..... ,."., for involving operators as partners in training development.

41. (1) The Minister shall make ,'wI:!;1.U ....... ULU> setting (a) full and growth

exploration;

Regulations for

Regulations for further growth of indigenous

Page 14: Nigerian Content ACT

(b) data processing; capacity. (c) design; (d) reservoir studies, (e) manufacturing and fabrication of equipment; and (f) facilities as wen as provisions of other support services for the

Nigeria oil and gas industry.

(2) International or multinational companies working through their Nigerian subsidiaries shall demonstrate that a minimum of 50% of the equipment deployed for execution of work are owned by the Nigerian

42. Minister shall make professional employees "til", .... "" ......

which shall require any operator or company or its Regulations for the provision of engineering or other professional registration with

Nigerian oil and bodies in Nigeria.

industry to be registered with the relevant professional

43. Each operator shall carry out a programme:in accordance with the own and priorities, to satisfaction the for the promotion of technology transfer to

in oil and activities.

44. The operator shall submit to the Board a plan, saOlSlacw:ry out a programme of planned initiatives aimed at promoting the

technologies from operator and alliance partners to Nigerian individuals companies.

professional bodies. Programme for technology transfer plan.

Submission technology transfer plan.

The operator shall full and support to technology by Support of and the formation of and the development of technology licensing Nigerian foreign contractors or supplier transfer. companies agreements for all such joint ventures or alliances shall meet the requirements of Nigerian content development to satisfaction of the Board.

46. operator or project promoter shall submit a to annually u. .... ~'vJ.J.JJll.I,~ Technology its technology initiatives results and the Minister shall regulations report. setting on the type of such joint venture or alliances to be achieved for each project.

47. The Minister shall make regulations which shall require any operator to or set Regulations to up a facility, factory, production units or other operations within for the nnl"T1I"1O;:p<:; establish of out production., or providing a otherwise operations in imported Nigeria.

48. Minister shall consult with the relevant arms of Government on appropriate fiscal framework and tax incentives foreign and indigenous companies which establish incentives.

factories, production units or other operations of carrying .... "' ..... VA .... maJo.llI:aCtlll1IJlg or for providing otherwise imported

Nigeria.

Page 15: Nigerian Content ACT

49. (l) All operators, project alliance partners and companies engaged form operations or contract the Nigerian oil and gas industry, shall insurable related to its oil business, operations or

with an insurance company. through an broker registered in Nigeria the provisions ofInsurance as " ...... ""..,'"

(2) Each operator subsection (1) this section shall to Board, a all insurance companies and insurance brokers through which insurance covers were obtained in the past six months, class cover obtained and expenditures made by the operator;

(3) programme shall inc1ude-(a) a comprehensive report

(i) covers obtained in the past six months of all insurance by

(b)

(li) a forecast of insurance covers required during next months, and (iii) the projected expenditure the 1"""""''''''

a list (i) companies brokers through which insurance covers were

obtained in the past six months, en) the class of insurance cover obtained, and (ill) the expenditures made by the operator;

(c) the annual prennum the one year ill and foreign currencies

L.U""').v .... and reinsurance

Cap. 117 LFN, 2004.

50. No risk in the Nigerian oil and industry shall placed offshore without Approval for the written approval of the National Insurance Commission which shall ensure that offshore Nigerian local capacity has been fully exhausted. insurance.

(1) All operators, contractors and other engaged any operation~ business or Legal transaction in Nigerian oil and gas industry requiring legal services shall retain only

of a Nigerian practitioner or a of practitioners whose office is in any part

(2) All operators shall submit to the Board, (LSP).

(3) LSP shall include -

(aJ com:prellleuslve

six months, its Legal

(i) legal past months by explenaI (ii) a forecast of legal services required during the (iii) the projected expenditure for the services;

(b) a list of-

Plan

Page 16: Nigerian Content ACT

six. months, . m (i) solicitors ... I.iJu ............

(ii) the nature of work done, (ili)the made the Anl""!:IT,r'lr

(c) annual budget for the one Naira foreign currencles.

52. (1) All operators, contractors and or transaction in the Nigerian and gas .LUu.....,,,,, only the of fmanciaI institutions or org:an:lza'ClOllS A:>"Vn,,"",T where, to the

impracticable,

(2) All operators shall submit to the Board every six months

(3) FSP shall (a) financial utilized in the (b) a forecast of financial required during the next six montn.s; (c) projected expenditure services;

(d) A list

(i) fmancial services utilized in six months, (n) the nature of financial services provided, and (iii) financial "' ......... TH'F""'·

(e) a of-(i) financial utilized in the past six months, (ii) of "'J.llIW."~."""" services provided, (iii)the expenO~lUI J.llJ,a.l.l.\,J.a..l servlces the ope:ratc)r or

contractors; (f) all operators, contractors and sub-contractors maintain a bank account

in in which it shall a minimum of 10 cent of total revenue from Nigerian .... np',.."'''

commencement of Act, all operators, project promoters, contractors entity the Nigerian oil and industry shall carry out all welding

54. The Board shall establish an oil and e-marketplace which shall -

(a) provide a delivery of goods

platform to facilitate the traltlS8.CtlJ:ms .,...,.,nn""rt for efficient the J.UU.U;)IJ.

(b) provide functional interface with Joint Qualification and

Prohibition of importation of welded products.

Page 17: Nigerian Content ACT

provide a ans.par'ent governance structure drawn from industry

( c) perfoml all other .LI •• .u"' ..... '/.llA:l, roles responsibilities to be set out J.V~,I.tJ.",.u.\Jj.J.'" to be made by .rvfinister in accordance the provisions of this Act

(d) track and monitor the Nigerian content perfomlance of operators, project promoters as well as suppliers providers with the provision of relevant feedback.

55. Board shall establish, maintain operate a Joint Qualification System (JQS) in Establishment consultation with industry stakeholders which shall administered in accordance with of Joint

set out in the Regulations to made by the Minister accordance with provisions of this Act

The Joint Qualification System shall constitute an industry databank of available Functions of v .... I-J'''"U~ll .... ''"'''' and shall used for - Joint

content contractors

(b) verification of contractors' capacities and capabilities;

of Nigerian content oil

Cd) data base for national skills development pool.; and

(e) ranking categorization of old cOlnpllllll~S based on capabilities and Nigerian content.

Board shall up a consultative body to be known as the Nigerian Content . h_i'.___ Forum (NCCF) which shall provide a platfoml for infomlation sharing and

collaboration with respect to-

(a) upcoming projects in the oil and industry;

(b) information on available local capabilities; and

(c) policy proposals may to Nigerian content development.

58. The Nigerien Content Consultative Forum shall made up stakeholders, government and regulatory and representatives from the following sectors-

Qualification

Setting up of Nigerian Content Consultative Forum.

Composition of Nigerian '-'VIl,~"'UL Consultative Forum.

Page 18: Nigerian Content ACT

(a) fabrication;

(c) finance ,,"',....,,£" .. '" and insurance;

(d) shipping

(e) materials manufacturing;

(f) intOImatlon cornm.uni,cation technology;

(g) petroleum technology association of Nigeria;

(z) any other professional services nominated by the Board.

_';"'"J.<U. Content Monitoring Board shall undertake an .......... , .. "' .. lIn'ple:me:ntatnon of the provisions of this

monitoring Powers NCJ\,ffi to monitor

of this Act.

60. Within sixty days of the beg;mnmg operator shall submit to the Requirements Board their annual Content t'eIIOr:maJace activities the under

all of Nigerian Content Performance Report.

61. Subject to section 60, the report shall specify by category of expenditure the Nigerian Content of content on both a current and cumulative cost basis and shall set out - performance

(a) employment achievement in tenus hours or days worked by foreign workers status; and

(b) in terms of quantity, of locally manufactured materials and materials of foreign origin.

assessment and verification of compliance Vlith the provisions of this

Board.

63. Board shall issue directives to operators, contractors and other entities or pel'SOllS

order to develop a process to facilitate of relating to any

report.

As~;essmeJ:lt and verification of performance report.

Directives to

Page 19: Nigerian Content ACT

Act.

64. For the purposes assessment and verification, all operators and contractors shall Access to provide the or designated with access to and all facilities for documentation and information required for substantiating the Nigerian content reported. assessment

The operator shall ensure that its partners, contractors and are contractually bound to report Nigerian content information to the operator and, if so requested by the Board, directly to Board, and to allow the Board or its designated agent access to their of assessment and verification content information reported to operator or the Board.

66. The operators shall effectively communicate its procedures to its contractors and subcontractors compliance.

67. Board shall conduct workshops, symposia and any other public forum considered as appropriate for benefit of contractors, the and other stake to the implementation of the provisions of this Act.

verification

Requirements for third party access and

Responsibility to conununicate Nigerian content policies to contractors.

Responsibility of Board for enlightenment on Nigerian content.

68. An operator, contractor or subcontractor who out any project contrary to the and provisions of Act, commits an liable upon to a of five penalties. per cent of the sum for each project in which the or cancellation of the project.

PARTli OF '~"T""""""'''''' MONITORING BOARD

69. (1) There is established the Nigerian Content Monitoring Board (in this Act referred Establislunent to as uthe Board!1) which shall the and powers on it by Act. of the

(2) The (a) shall be a body corporate with perpetual succession and a common seal; and (b) may sue and be sued in its corporate name.

70. The functions of Board shall be

(a) implement the of this Act;

(b) implement regulations by the Minister relation to of

Content Monitoring Board.

Functions of the Board.

Page 20: Nigerian Content ACT

this Act;

(c) supervise, coordinate, administer, monitor and ",_uUI','" the development of Nigerian content the Nigerian oil and industry;

(d) supervise, coordinate, and monitor the implementation and Schedule development of Nigerian content as specified in the Schedule to this operations operators, contractors and all other in the and gas industry;

(e) appraise, submitted to

and approve the Nigerian content plans and reports Board in compliance with the provisions of this Act;

(j) Certificate COr.LUl.U;:;[ reviews the Nigerian content plans and ,. ...... ,"''1'1"<' submitted to the Board in compliance with the provisions of this Act;

(g) operate Qualifications Systems set up in accordance with

(h) assist local contractors and Nigerian companies to develop their capabilities and capacities to further attainment the developing

the Nigerian and industry;

(i) make procedures to guide the implementation of this Act and ensure compliance with all provisions of this Act;

(j) coordinate the Nigerian content performance of all operators in accor(Jla:n(~e provisions Act;

(k) make auditing procedures and conduct regular audits for the purposes of mOIDt~)rulg and implementing compliances with the provisions of this Act; (l) provide of

content indicator to be utilized throughout the industry;

(m) conduct studies, "'''''''''''2't'('h'~Q and investigations that may further the attainment of the goal of Y'""U'I-',u"A.p, Nigerian content the Nigerian oil and

industry;

(n) workshops, seminars, symposia, trainings, road shows and other public fora to further the attainment of goal of

(0) delegate Council; and

content in the Nigerian oil and gas industry;

its IW'lLCUJ:.JDS to

Page 21: Nigerian Content ACT

(P) do legally anything nec;ess:arv to be done to facilitate the functions.

(1 ) is Board Governing Council (in this the "Council!!) which shall conduct the ................... .., of the Board.

(2) The head producing

of and the Board shall be located in of the Federation.

(3) Council may establish branch offices of the Board any producing of the Federation.

72. The shall consist

(a) a Chairman who shall be the Minister of Petroleum Relmurc

(b) a representative (i) Petroleum COIporatio~

out of its

.,."''1',,,,.,.,.,'11 to as Establishment of the

of the oil or gas Council of the Board.

the or oil

Composition Council.

(ii) the agency charge of technical regulation (iii)Ministry of Petroleum Resources,

industry,

(iv)Petroleum Technology of Nigeria, (v) Nigerian Content Consultative Forum, (vi) Council of Nigeria, (vii) National Insurance ,-,U.LU..I.l.JU,;),;)JLVll,

(c) Executive Secretary who shall be

(1) The Chairman and members of the Council shall appointed by the be ofpraven integrity and ability.

(2) meJmO(~rSnllJ of the Council shall on part time basis.

74. The Executive Secretary be on full status.

75 (4) The Council power

(a) .u.lGIJ..L~'¥

'-'.::>~, ... "' ... u and Appointment of Cbairman membership the Council.

Status of appointment of Executive Secretary.

Powers of the Council.

(b) rules and regulations the proper i.J.VJ.JLll.l", of the ........... 1 ...... ,...

(c) employ and pay the staff of the Board appropriate remuneration scale with that of organizations of L> .• .aJu. .........

Page 22: Nigerian Content ACT

(d) enter into negotiation, agreement and contractual relationship as may necessary or expedient for the discharge of the functions of the Board.

6. Subject to the provisions of 75 of this Act, the Chairman and of the Tenure of :ouncil shall each hold office -

(a) for a term of four years and may be re~appointed for a further teon offour no

(b) on such tenus and conditions as may appointment.

specified in their letters of

f7. A nerson shall cease to hold office as a member of the Council

(a) dies;

(b) he becomes bankrupt;

(c) he convicted of a felony or offence involving dishonesty or fraud;

Cd) he becomes of unsound mind or is incapable for any reason of out duties;

(e) he is serious misconduct in relation to his duties;

(f) of a professional qualification, UQ"J.UJ.'-,\o.L or suspended, other at his own .... ,..,,"''*

his profession any part of the world by an order of a competent authority made in of that member; or

(g) he resigns his appointment by written notice under President.

hand to the

Cessation of membership of

78. Where a member ceases to hold office for any reason before the expiration of his term, Replacement another person representing the same interest as that member shall be appointed in his membership. place to finish the unexpired residue term.

79. The President remove a !UI;i.I..llU'''.1. ...,1-, ...... .,.,.,,;. of the Removal of "'-'v' ........ or the public that member COIltmues

80. A of the Council shall be paid such allowances as may determined by Revenue Mobilization, Allocation and Fiscal Commission using the scale applicable in Nigeria and gas industry. 81. (1) shall be an Executive Secretary for the Board) who shall be appointed by the

President. (2)The Executive shall

Remuneration of members

Appointment of

ecretarv his

Page 23: Nigerian Content ACT

(a) the Chief Executive Accounting Officer of the Board;

(b) responsible to Council the execution of administration of the daily affairs of the Board; and

(c) a graduate of at gas industry.

(3)The Secretary-

15

policies and the

(a) shall be appointed for a term of four years first instance; and (b) be appointed for a further term of four years no more.

functions and tenure.

office.

82. The Secretary shall paid such as be specified in his Remuneration letter of appointment or as by Revenue Mobilization, Allocation and of the Executive

the scale applicable in the Nigeria and gas industry. Secretary.

83. Executive Secretary shall cease to hold office if conditions specified section 77 pertaining to of Council applies to him.

84. The Executive Secretary may LV"',L"",L appointment by a written under his hand of delivered to the President appointment.

85. may for the Board number of employees as may the Other opinion of the Council expedient necessary for the proper and efficient performance of the functions the Board and shall pay them remunerations and allowances as it determines using the scale applicable the oil and industry.

86. Council shall have power to appoint for the directly or on secondment Direct from Public Service of the .... .....,cuv' .... & of employees as may, appointment opinion of the Council, be to assist the Board in the of any of functions under this Act secondment.

87. person seconded to traJlSI(~rrt~CI to the service the of Board and the he rendered in the public shall count as service.

to the Board for the purpose of any pension subsequently by Board.

88. shall be established in the head of the Board- Directorates.

(a) the rec1;orate of Finance and Personnel !vumagerneI1I;

(b) J.<.UJ.u.>.J.J.5, R.eSf:arc:h and '''It,,·,,, "'"

(c) the Directorate of Monitoring and Evaluation;

Cd) the Directorate of Legal Services; and

Page 24: Nigerian Content ACT

(e) any other )lrectol~ate which the Council may establish.

s9. (1) The Service in leforrn Act.

Board shall be approved '''''r'F1f'P for the purposes of the Pension Service in the Board.

:2) The officers and persons employed in the Board shall be entitled to pensio~ No. 2, 2004 gratuities and other ret:l1'ernell[ Oi~neU(S as are enjoyed by persons holding <>,...""" ..

ranks in Civil of the Federation.

(3) Nothing in subsections (1) and (2) this section shall prevent the appointment of a ..... rc,......... to office on terms which preclude the grant of pension and gratuity in r ... CT'\F'l"'t of that VJ..1.J',""V.

90. (1) The Board shall establish maintain a fimd to which all to it Funds of the shall paid into or from which shall be defrayed all expenditure incurred by the Board. Board.

(2) Fund of the Board shall consist

(a) all Government;

budgetary allocations provided by the

(b) sums accruing to the Board by way of donations, gifts, grants, endowment, bequest or otherwise;

(c) interest and revenue accruing from savings and investments made by the

(d) loans, be to for the objects of the Act No. 31 of Board, provided that the Board shall not, without the prior approval the 2007 President, borrow money compliance with the provisions of the Fiscal Responsibility Act; and

(e) other revenues accruing to the board from any other source.

91. The Council shall, not later than 30th of each year, submit to Assembly, through the Minister, an of the projected of during next and shall include a copy of the audited accounts of that

and a copy of auditor's report.

92. (1) Board may accept money, land or other property on such terms and conditions, if any. as may be specified by the person or organization the

(2) The Board shall not accept any if conditions .... L.~ ..... U', .... are inconsistent with functions of the Board under this

estimates report.

and

Page 25: Nigerian Content ACT

93. Council shall approve any eXt)en(ll of the Board and "" ....... ,"

(a) issue proper accounts and records of the transactions affairs of the Board ensure that all expenditure is duly authorized;

(b) prepare in respect of each financial year, a statement account in such form as the Auditor~Genera1 may direct.

Expenditure and account.

94. The audit of the council shall in accordance with the provisions of the Constitution Audit '''['i,~A'''''' 1999. of the Federal Republic

95. (1) For the purpose of providing offices its functions under this Act, the Board may. subject to the

the perfonnance of Acquisition of Use Act - land or mterest

inland for (a) or any in land or other property;

(b) construct v ..... ,.v"' ... and mauntam same.

(2) Board may, subject to the Use Act, sell or lease out any- office or held by which or '-'J..U.'"'''''' is no longer required for the perfonnance of functions under this Act.

96. The provisions of the Public Officer's Protection instituted any or employee of the Board

shall apply in relation to his capacity as

2004

Legal

CapP41 LFN, 2004.

97. member of Council, the Executive Secretary, or employee of the Indemnity of Board shall be out the assets Board against proceeding, whether

or criminal, which judgment given in his favour or in which he acquitted, if any such proceeding is brought against him in capacity as a member. Executive Secretary, or employee Board.

smnmons or other document required or authorized to be served upon the Service of Act or law or enactment may be served by delivering it to documents.

Executive Secretary or by sending it by post and addressed to the Executive ":"'r' .. ~+n ... ·'" at the head office of the Board.

99. Executive Secretary may with the approval of the Council with of knowledge or content or matters relevant to the professionals .LW:LI..iUJU.u.,:) of the Board to the Board the of its and other staff.

100. The Minister issue to the Board directives in to Nigerian content development with respect to application, administration and implementation this Act.

Power of the Minister to give directive to the Board.

Page 26: Nigerian Content ACT

101. (1) The Minister shall make regulations generally for effect to the provisions of this

purpose carrying out or Regulation.

(2) The Minister shall conduct a of the Schedule to Aet every two Schedule with a view to ensuring a measurable and continuous growth in content

all projects, operations, activities and transactions Nigerian oil industry.

(3) The Council shall make orders regulating its proceedings or those its standing committees consultation with the Minister.

102. Subject to the approval of the Minister, Board conduct a of the Review of the Schedule to this Act at such intervals as it may determine but not later than every two years Schedule. with a view to ensuring a measurable and continuous growth in Nigerian content in all

operations, activities and transactions in Nigerian oil and industry the National Assembly.

103. Upon the commencement this Act, all functions and powers conferred on any agency or department the Federal Nigeria to carry out implementation of content development or policy the oil industry by law or enactment is hereby to the Nigerian Content Monitoring "-'v' ....... established under this Act.

Savings and transitional prOVISIon

104. (1) A Fund to be known as the Nigerian Content Development Fund (the "Fundlt) is Establishment

established for purposes the implementation of Nigerian content ill

Nigeria oil and gas industry. Content

(2) The sum of one contract awarded to subcontractor, alliance partner or any other involved in

Development operator, contractor, Fund.

project, operation, activity or transaction the upstream sector of the Nigeria oil and deducted at source and paid into the Fund.

industry shall

(3) shall be managed by the Nigerian Content Board and employed projects, and activities directed at 1nc:rea~1D,g Nigerian content the oil gas industry.

105. The Nigerian Content Monitoring Board in conjunction with NIMASA powers to enforce compliance with relevant sections of Inland (Cabotage) Act in relation to matters to development.

106. In this ~..... -

lIJoint Qualification System" means industry databank of available Cat)aCltles and capabilities in oil and gas industry;

.t;n!IDrct.:~me:llt of compliance AetNo. 2003

Interpretation.

Page 27: Nigerian Content ACT

"Labour Clause If means a clause mandating use of a minimum percentage Labour in professional awarded in the Nigerian petroleum industry

a threshold value as stipulated by the Minister time to

"Minister" means the Minister ofPe1roleum

company" means a company formed and with the provision of and Allied Matters shares by Nigerians;

IINNPC" means Nigeria National Pe1roleum Corporation;

in Nigeria in accordance with not less than 51 % equity

"NNPC Joint Partners" means oil companies that "'h'.V ............ various pe1roleum agreements with NNPC;

I!Nigerian content" means the quantum of composite value added or the Nigerian economy by a systematic development of and capabilities through the deliberate utilization of Nigerian human, material resources and in Nigerian oil

gas industry;

"Nigerian content indicator" means a Del~ce]lm.,~e a on S1Jt~CUIC .... ..,JL ........ , ... on the b!isis

... 1".',,, ............. oil and industry!! means connected with exploration, development, exploitation, transportation of oil and resources

upmeam oil

"0perator" means National Pe1roleum Company (NNPC), subsidiaries and joint venture partners and any Nigerian, foreign or international oil and gas company operating Nigerian oil and industry under any petroleum arrangement; "Partner" means any foreign company working on any project in or as contractor to an operator;

nplan" means a .LF. ... ,.~ .... u .... nT't"' ....... plan submitted in compliance with any aspect Act;

"Oil place!! means a virtual platform and in the oil and industry allows

107. This Act may be cited as the Nigerian Oil and Gas Industry Content Development Citation. Act, 2010.

Page 28: Nigerian Content ACT

CODE DESCRIPTION

FEED AND DETAll.,ED ENGINEERING AND OTHER ENGINEERING SERVICE

FEED and Detailed eng;ineeritlg on Onshore ."""'CLl ....... '"'' FEED and Detailed on Offshore faciilitiles Shallow Water

Detailed eD.ll~erlllg 011 LNG facility and Detailed on Gas "",-tr,p,.."""

Facilities FEED and Detailed engineering on offshore

.....,li:Il.1\i;.O - Hull and modules and Detailed engineering on Deep offshore

Floating concrete structure

FABRICA nON AND CONSTRUCTION

Description

Termi.:n.al/Oil Movement :SVSlems

Drilling Modules/Packages Buoys. Flare

:lYOI'age Tanks, Pressure Vessels

Topside module (process modules and storage

AccOmmodatiOll module SUbsea systems Pipeline systems Risers

module/packages

MATERIALS AND PROCUREMENT

Steel plates. Flat sheets, sections Steel pipes

Cables Voltage Cables

Valves Drilling mud - Baryte, Bentonite

' .. ,. .. "' .... v .... '" 3(2), 11(1), (2). (3) and (4),34 70(d)

NIGERIAN CONTENT (NC) LEVEL

NC% MEASURED UNIT

90%

90% 50%

90%

80%

80%

80% 75%

80% 60%

50% 70% 60%

100% 50%

100% 100% 90% 45% 60% 60%

Man-Hour

Man-Hour Man-Hour

Man-Hour

Man-Hour

Man-Hour

Volume

Tonnage

Tonnage TO!lllage

Tonnage Tonnage

Tonnage Length

Number TOIJDage

Page 29: Nigerian Content ACT

Cement (Portland) Cement (Hydraulic) Heat exchangers

Steel ropes Protective Glass Reinforced Epoxy (GRE)

80% 60% 50% 60% 60%

60%

WELL AND DRILLING SERVlCESIPETROLEUM TECHNOLOGY

Description k' "<l,F"MIru .. services Well completion services and IJ"I,U"'-'»I',<AUL wells) Wire line services (electric open holes, electric cased hole, slickline) -'.AIJ"~il',!; While (LWD) services Measurement Wblle Drilling (MWD) (direction and inclination I Gamma Production Perfon:Dance ~ .. rc";", .. ~

2D Seismic data acquisition services Well Services Wellhead Services

Services Disposal -""'TV;"''''''

Recutting Inspection Services Cased Hole Services (Gyro, P .. rT~,tio11

YI1U~~;<:>, Gyro, PLT, ___ "0 __ '

Well Watch Services Cement service Coiled Services

Services RuidlBottom Hole Sampling Services OCTS Services (Cleaning. hardbanding. rec"llttillg

Well Crisis Management Services Directional Drilling Sf"Tvit'J;I<<t

Other Services Petrophysical Interpretation Services Extended Well TestlEarly Production Services including Provision of Floating or

Production Unit Provision of all Catering, Cleaning, and SecUIity Service at LocationIPlatform Rental of Drill Pipe

Electric Open Hole Electric ceased Holes Slickline Wellhead

Chemical: process, ~n".I.IJ.I.';.J,J.QJu,,,,,,,

75%

80%

45% 75%

90% 85% 90% 85% 85% 85%

100% 100%

85%

90% 70% 75% 75% 95% 80%

95% 90% 90% 80%

50%

80% 75%

45% 100% 100% 100%

Tonnage

Litres

Spend

Spend Man-HollI

Man-HollI Man-Hour Man-Hour

Man-Hour Man-HollI Man-Hour Man-Hour Man-Hour

Man-Hom Man-Hom Man-Hour Man-Hom Man-Hour

Man-Hour

Man-Hour Man-Hour Man-Hour

Spend Spend

Spend Spend

Page 30: Nigerian Content ACT

"'-"',;:OJ.:J .... ,., ........ JUL & DEVELOPMENT SERVICES (R and D) - Related to Operator's in-country

Geological and Geophysical Services and Environmental Studies

Local Materials sub,stitlltiOID

etc

EXPLORATION, SUBSURFACE. PETROLEUM ENGINEERING AND SEISMIC

Description 3D Seismic data services 4D Seismic data services 2D Seismic data processing services {jeIDpn.YS11::a iIllt:eI]Jretatic)D services Geological evaluation services (Organic Petrology, Digenesis, Giostratigraphy. Fluid Characterization, PVT, Core n..w:u. H'LO

Mud services Coring services Well testing service

(swamp) Drilling submersibles/Jack ups/Others) Drilling rigs (land) Work-over (Swramn)

Liner Float, ............ 1',,,,.,, Services Field Plan 2D Seismic Data Services 3D Seismic Data Services 4D Seismic Data Interpretation Services

(land)

TRANSPORTATION/SUPPLYIDISPOSAL SERVICES

{Remo1tely nf\E'T~tlf'l'l Vehicle (ROV) snpportJ diving support vessels Barges Accommodation I vessels .....,1.>yu" ... I and waste transport services Rental of Cranes and Special Vehicles Freight Forwarding/Logistics Man.a!!!ement Services Supply Services Truck Package/Product Transportation Services

60% 80% 75% 75%

100% 55% 100% 90%

80% 90% 90% 55% 60% 55%

70% 70% 80%

55% 100% 100% 100%

55% 70%

65% 95% 90%

100% 75%

65% 70% 100%

Spend

Spend

Spend Spend

Spend

Spend Spend

Man-hour Man-Hour

Spend

Spend Spend Man-Hour

Spend

Spend

Spend

Page 31: Nigerian Content ACT

HEALTH, SAFETY AND ENVI:RONMENT

Site clean up 100% Man-Hour Pollution control Spend Waste Water Treatment Services 65% Man-Hour Fire and Gas Protection 50% Man-Hour Venti1ation/Reating/Sanitary Services 85% Waste Services 100% Man-Rours Industrial Services 100% Man-Hours DisposalJDistribution and Waste Transport Services etc. 100%

System Services 90% Man-Hours Preservation of Mechanical and Electrical

95% Man-Hours Equipment 75% Spend Temporary Accommodation/Camp Services 80% Spend

Services 100% Spend and Services 100%

Security Services 95% Medical Services 60% Spend

Services 75% Spend Other Supporting Services 85% Pollution Control 90%

INFORMATION SYSTEMSIINFORMATION TECHNOLOGY/COMMUNICATION SERVICES

Network Services 85% Spend Software Development and Support Services 45% Spend

Based Modeling Services 51% Based Simulation/Training Programs

Services 51% Spend CAUCAP Services 51% Spend Hardware Installation Support Services 50% Spend

Installation/SUpport Services 50% Spend User Support/Help Desk Services 60% Library 70% Spend IT Management Consultancy 50% Spend Data Management Services 50% Spend

Services 60% Spend Data and 60% Spend Rental of Telecommunication 75% Spend Telecommunication Subscription Services 85% Spend Public Address Services 95% Other Information Technology (IT) Services 75% Spend

MARINE, OPERATIONS AND LOGISTICS SERVICES

Page 32: Nigerian Content ACT

Telecommunication' , .... r'l1l","'~ Supply of crew men for domestic coastal " ... ,.1111",,,,, DivingfROV /Submersible operations Hook-up and COmmissiOning Marine Installation Services

ITPrlcr'T,a Service

Gravel and Dumping Service Floating Units (FSU) Subsea Pipeline Protection Services Installation of Subsea Mooring

Cbandler Service Moving Services Supply Vessels Stand-by Vessels Domestic of .......... .u>."" ..... o Services Marine Insurance Marine Consulting Marine LUj~l"LL ...

FINANCE AND INSURANCE

Description General Banking SP."VI~I·~ Monetary Intermediation Services Credit Services Security and Fund Management Services Financial Management Consultancy Services ACl~OITntiIJllZ Services Auditing Services Life Insurance Services

Funding ..... TV'r" ....

Non-Life Insurance ."O..,J"Vll" ....

Insurance BrrlkiIllJ!; Services

INSTALLATION, HOOKUP AND COMMISSIONING

Description Surface ttelltm;mt.

and fire services Subsea construction services Hookup and commissiOning including marine iDstallation services Installation of subsea packages Electrical/Instrument :'10M'""",,.., Insulation Services

Subsea Construction Services Pipe Cutting and Bending Services

. 90% Man-Hour 80% Number 70% Man-Hour

75% Man-Hour Man-Hour

65% Man-Hour 45% Man-Hour 55% Man-Hour 60% Man-Hour 50% Man-Hour 90% 100% Man-hours 45% Man-bours Spend 55% 30% Spend 60% Spend 40% Spend 40% 30% Spend

100% Usage 70% 50% Loan Amount 100% Spend 70% 70% Man-hours 100% Spend 100% 100% 70% Spend 100% Spend

80% Man-Hour 45% Man-Hour

75% Man-Hour 45% 45% 50% Man-Hour 75% Man-Hour 45%

100% Man-Hour 85% Man-Hoor

Man-Hour

Page 33: Nigerian Content ACT
Page 34: Nigerian Content ACT

Certification of Cranes and Lifting Nos.

Evaluation and Certification Software and Electronics (IT) Notified for MaClllIlery Notified Body for simple Vessels Notified Body for Telecommunication Terminal

Notified Body for Personal Protection Equipment Notified for Lifts Notified for Pressure '-V,UL4l..LUl~15 J:;:;qwlpI.J::lent Integrity Management Services Other Services Other

PROJECT MANAGEMENT/CONSULTING SERVICES

Construction Management and Supervision Services

AdmiIlisl1:ati(YD services/

Quality Assurance QA/QC Consultancy Health and Environment Consultancy

PersonnellTraining System Consultancy training courses select 3.99.13) Legal Consultancy Cost and ..... _. __ .',._-

Material Consultancy Technical DocumentationIDocument Control

Relations Consultancy Marketing and Market Research Consultancy Translation and Manual

and Warranty Surveyors Third party EvaluationlVerification Consultancy

Conservation and Abandonment Consultancy

Meteorological Consultancy Staff Search/Selection Consultancy Sub-surface (Geological,

CaJreeJ:/Outpllace:ment Consultancy General Management and Business

Consultancy Other Consultancy Services

45% Nos.

45% 45% 45%

50% 45%

45% 50% 50% 49%

80%

80% 45% 45% 45%

45% 50% 75% 75%

80% 75% 45% 45% 45% 50% 65% 90% 55% 80%

Nos. Nos.

Nos.

Nos. Nos. Nos. Nos. Nos. Nos.

Man-Hour

Man-Hour

Man-Hour Man-Hour Man-Hour Man-Hour

Man-Hour Contracts Man-Hour Man-Hour

Man-Hour

Man-Hour

Man-Hour Man-Hour ManftHour

Spend Spend Spend

90% Spend

85% Man-Hour 50% Spend 45% Spend 70%

80% 55%

Spend Spend

Page 35: Nigerian Content ACT

Pollution and Pollution Control Works and Consultancy

SURVEYINGIPOSITIONING SERVICES

Soil Investigation ""''''''f',''' Navigation/Positioning Services Geotechnical

ydrograpbjc Site Survey Oceanographic Services Rig Services

Chart and Map Production Services Rental of Surveying/Positioning Equipment Services Survey and Positioning Support Services Aeromagnetic Survey

MODIFICATION AND MAINTENANCE

Description Wash Hqll:IPIru:nt M!aintenrulCe/:Sen'ices

Canopy Equipment Maintenance/Services Dredging services

and Services Maintenance/Services Payment Terminal Maintenance/Services Service Station Tanks Maintenance/Services Subsea systems

Risers Umbilicals

Process Modules/Packages Utilities Modules/Packages

Buildings including Services Stations Engineering Modification and Maintenance Services for a Site/Platform

SHIPPING

Modules

Domestic coastal of pellroleum Ptoduc:ts Tow of oil and gas infrastructure and vessels conveying oj] and gas products from or to any port or point in

waters Supply of very crude carriers (VLCC)

65%

80% 50% 60% 100% 60% 65% 45% 45%

45% 75% 45%

90% 90%

80% 65% 80% 75% 45% 60% 49% 51% 70% 80% 65% 80% 70%

90%

60%

90% 90%

Spend

Spend Spend

Spelld Spend

Spend Spend Area

Spend Spend

Spend

Spend Spend Spend Spend

Tonnage Volume

Tonnage Tonnage

Spend Spend

Page 36: Nigerian Content ACT

[ CERTIFY, IN ACCORDANCE WITH SECTION 2 (1) OF ACTS AUTHENTICATION CAP. A2, LAWS OF THE FEDERATION OF NIGERIA 2004, THAT TIDS IS TRUE COpy OF THE BaL PASSED BY BOTH HOUSES OF NATIONAL ASSEMBLY.

OMI, ALASSEMBLY

Page 37: Nigerian Content ACT

Oil

Development

I ~ me to be

I .,., ....... ,""

I

Bill

to Content

the

2010.

(5)

2010 3rd 2010

II'LlI,J. .... by

the ... ' ....... " .. '" March, 2010

Page 38: Nigerian Content ACT

Nigerian Gas

(1)

Development Bill,

I

I ASSENT.

Oil Gas Content Development

LONG TITLE

has me with by u .... vJ.OJ.v.u. of Houses and accordance

2004.

DR.

2010.

2010

U""'LlA.:; JONATHAN, Federal

2010