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THE HYDROCARBONS (PROSPECTING, EXPLORATION ... - PGS

THE HYDROCARBONS (PROSPECTING, EXPLORATION ... - PGS

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18<br />

(c)<br />

voting shall be based exclusively on transparent and<br />

objective principles that shall not introduce<br />

discrimination and shall not prevent the relevant<br />

administrative decisions of the entity to be based on<br />

common commercial principles.<br />

(4) Without prejudice to the provisions of section (3), the legal<br />

person or the Republic may oppose any decision of the entity,<br />

which does not conform to the conditions and requirements of the<br />

granting of the licence, regarding the depletion of the reserves and<br />

the protection of the financial interests of the Republic:<br />

Provided that, the option to oppose a decision shall be<br />

exercised in a non-discriminatory manner, particularly regarding<br />

decisions on investment and sources of supply of the licensee,<br />

unless they breach the national legislation or the international<br />

legality.<br />

(5) Where the Republic’s participation in the activities is<br />

managed by a legal person, which also holds a licence, then:<br />

(a)<br />

the legal person shall keep separate accounts for its<br />

commercial role and its role as manager of the<br />

Republic’s participation; and<br />

(b)<br />

it shall ensure that there is no flow of information from<br />

the legal person responsible for the management of the<br />

Republic’s participation to the legal person which holds<br />

a licence.<br />

(6) If the legal person responsible for the management of the<br />

Republic’s participation engages the legal person that holds a<br />

licence as a consultant, the former may provide the latter with the<br />

–THIS IS NOT AN OFFICIAL TRANSLATION–

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