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THE HYDROCARBONS (PROSPECTING, EXPLORATION ... - PGS

THE HYDROCARBONS (PROSPECTING, EXPLORATION ... - PGS

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26<br />

Powers of the<br />

Court for seizure<br />

and confiscation.<br />

26. The Court may order that any quantity of hydrocarbons that has<br />

been obtained by committing an offence shall be seized, as well as<br />

any machine, equipment, automobile, ship or aircraft and also any<br />

construction that has been used for committing the offence shall be<br />

confiscated. Where the seizure of hydrocarbons is not possible, the<br />

Court may order that the person committing the offence shall pay a<br />

fine to at least the value of the quantity of the hydrocarbons that<br />

have been unlawfully obtained.<br />

Transfer of licence<br />

or assignment of<br />

rights arising from<br />

a licence.<br />

27.-(1) No licensee may transfer a licence or assign the rights<br />

arising from a licence to any other entity, unless he has the<br />

consent of the Council of Ministers, which may be granted if-<br />

(a)<br />

it does not endanger national security;<br />

(b)<br />

the Council of Ministers is satisfied that an entity to<br />

whom the licence would be transferred or the rights<br />

arising from a licence would be assigned has sufficient<br />

technical knowledge, experience and financial resources<br />

to carry out the activities of prospecting, exploration and<br />

exploitation of hydrocarbons;<br />

(c)<br />

the entity to which the licence would be transferred or<br />

the rights arising from a licence would be assigned<br />

undertakes to comply with any additional terms and<br />

conditions that the Council of Ministers considers<br />

necessary to impose.<br />

(2) Any licensee that transfers a licence or assigns the rights<br />

arising from a licence without the approval of the Council of<br />

Ministers commits an offence and on conviction, shall be liable to<br />

imprisonment for a term not exceeding twelve months or to a fine<br />

–THIS IS NOT AN OFFICIAL TRANSLATION–

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