NIGERIAN OIL AND GAS INDUSTRY CONTENT DEVELOPMENT ACT, 2010

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Laws of the Nigerian Federation

NIGERIAN OIL AND GAS INDUSTRY CONTENT DEVELOPMENT ACT, 2010.

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EXPLANATORY MEMORANDUM

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

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ARRANGEMENT OF SECTIONS

PART I – NIGERIAN CONTENT DEVELOPMENT IN OIL AND GAS INDUSTRY

1. Application
2. Nigerian content as management 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 all projects
8. Certificate of authorization
9. Public review of plan
10. Contents of the plan
11. Minimum and specification of Nigerian content
12. First consideration for Nigerian goods and services
13. Content of the plan to contain details
14. Nigerian content in bid evaluation
15. Full and fair opportunity for Nigerians
16. Principal of bid evaluation
17. List of contracts to be submitted to the Board
18. Submission of job forecasts, etc to the Board
19. Designation of contract for review
20. Documents to be submitted to the Board during pre-qualification stage
21. Documents to be submitted to the Board during bidders’ list stage
22. Documents to be submitted to the Board during award stage
23. Designation and review of contracts
24. Quarterly procurement report
25. Establishment of project office
26. Personnel for local office
27. Office in community of operation
28. First consideration for employment and training
29. Submission of employment and training plan
30. Training of Nigerians
31. Requirement for succession plan
32. Allowance for expatriate position
33. Approval of Board for application for Expatriates
34. Requirement for Labour Clause
35. Compliance by the operators
36. Research and development regulations
37. Programme for research and development
38. Submission and content of R and D Plan
39. Report on Rand D plan
40. Regulations for training
41. Regulations for further growth of indigenous capacity
42. Regulations for registration with Nigerian professional bodies
43. Programme for technology transfer plan
44. Submission of technology transfer plan
45. Support of technology transfer
46. Technology transfer report
47. Regulation to establish operations in Nigeria
48. Fiscal incentives
49. Insurance and reinsurance business
50. Approval for offshore insurance
51. Legal services
52. Financial services
53. Prohibition of importation of welded products
54. Petroleum e-marketplace
55. Establishment of Joint Qualification System
56. Functions of the Joint Qualification System
57. Setting up of Nigerian Content Consultative Forum
58. Composition of Nigerian Content Consultative Forum
59. Powers of NCMB to monitor implementation of this Act.
60. Requirements for submission of Nigerian Content Performance Report
61. Content of performance report
62. and verification of performance report
63. Directives to facilitate reporting
64. Access to facilitate for assessment and verification purposes
65. Requirements for third party access and reporting
66. Responsibility to communicate Nigerian content policies to contractors
67. Responsibility of the Board for enlightenment on Nigerian content
68. Offences and penalties

PART II – ESTABLISHMENT OF THE NIGERIAN CONTENT MONITORING BOARD

69. Establishment of the Nigerian Content Monitoring Board
70. Functions of the Board
71. Establishment of the Governing Council of the Board
72. Composition of Council
73. Appointment of Chairman and membership of the Council
74. Status of appointment of Executive Secretary
75. 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, his functions and tenure
82. Remuneration of the Executive Secretary
83. Cessation of office
84. Resignation of appointment
85. Other staff
86. Direct appointment and secondment
87. Transfer of service
88. Directorates
89. Service in the Board

PART III- FINANCIAL PROVISIONS

90. Funds of the Board
91. Budgetary and estimates report
92. Gift to the Board
93. Expenditure and account
94. Audit
95. Acquisition of land or interest in land for office use.
96. Legal proceeding
97. Indemnity of officers
98. Service of documents
99. Engagement of professionals and other staff
100. Powers of the Minister to give directive to the Board
101. Regulations
102. Review of the Schedule
103. Savings and transitional provision
104. Establishment of Nigerian Content Development Fund
105. Enforcement of compliance
106. Interpretation
107. Citation

Schedule

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NIGERIAN OIL AND GAS INDUSTRY CONTENT DEVELOPMENT ACT

An Act to provide for the development of Nigerian content in the Nigerian oil and gas industry, Nigerian content plan, supervision, coordination, monitoring and implementation of Nigerian content; and for related matters.

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ENACTED by the National Assembly of the Federal Republic of Nigeria-

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