94 OIL, GAS AND MINERALS Local players The Nigerian Content Act aims to create jobs for local workers <strong>in</strong> the oil and gas <strong>in</strong>dustry INvESt IN <strong>NIGERIA</strong> <strong>2012</strong>-<strong>13</strong>
To encourage the participation of local companies <strong>in</strong> Nigerian oil and gas the government has set up a m<strong>in</strong>imum local content target of 75 per cent for all contracts undertaken <strong>in</strong> the <strong>in</strong>dustry. Cherry Reynard assesses the progress that has been made <strong>in</strong> terms of meet<strong>in</strong>g this target Oil has brought wealth to Nigeria, but to date relatively little of this has filtered down to the wider population. Income <strong>in</strong>equality is still significant and the presence of <strong>in</strong>ternational oil companies has not produced a commensurate rise <strong>in</strong> local skills and employment. However, the government is now tak<strong>in</strong>g steps to address this imbalance, <strong>in</strong> particular with its ambitious new legislation on local content. Historically, the oil and gas <strong>in</strong>dustry <strong>in</strong> Nigeria has been dom<strong>in</strong>ated by <strong>in</strong>ternational companies operat<strong>in</strong>g under jo<strong>in</strong>t venture agreements. For example, a jo<strong>in</strong>t venture operated by Shell accounts for around half of Nigeria’s total oil production. These global companies have generally relied on <strong>in</strong>ternational rather than domestic workers and there have been accusations of discrim<strong>in</strong>ation aga<strong>in</strong>st local labour. This has been both cause and effect. There has been a skills shortage <strong>in</strong> Nigeria and studies suggest that the country’s educational standards have been fall<strong>in</strong>g for some time. A recent research paper from the Department of Educational Adm<strong>in</strong>istration and Policy Studies, Delta State University, Abraka, Nigeria found that: “Standards <strong>in</strong> education are fall<strong>in</strong>g at all levels as a result of <strong>in</strong>adequate acquisition of skills due ma<strong>in</strong>ly to poor implementation of school curricula.” However, many people have laid some responsibility at the door of the oil and gas companies operat<strong>in</strong>g <strong>in</strong> Nigeria who have been unwill<strong>in</strong>g to tra<strong>in</strong> local people and transfer their skills. Import<strong>in</strong>g labour is more expensive and a number of bus<strong>in</strong>ess people <strong>in</strong> Nigeria have been vocal, accord<strong>in</strong>g to Chukwuma Henry Okolo, vice-chairman and chief executive of oil servic<strong>in</strong>g company Dorman Long Eng<strong>in</strong>eer<strong>in</strong>g. He says that the current situation puts the country 10 years beh<strong>in</strong>d <strong>in</strong> the development of technical skills and <strong>in</strong>creases the human resource costs of any project by as much as 100 per cent. The first attempt by the government to tackle the problem came <strong>in</strong> 2009 as part of the far-reach<strong>in</strong>g Petroleum Industry Bill. One of its five ma<strong>in</strong> tenets was encourag<strong>in</strong>g local participation <strong>in</strong> the oil and gas sector. It required <strong>in</strong>creased ‘local content’ as a condition for the award of oil licences. It OIL, GAS AND MINERALS 95 stated that the federal government should at all times promote the use of domestic companies, workers and services. There were specific as well as general clauses. For example, the bill sought to encourage the development of small fields by local entrepreneurs with low tax rates. It addressed some of the favourable tax deductions that had existed for <strong>in</strong>ternational companies. It also, controversially, renegotiated some contracts that it said had been awarded improperly, which dented Nigeria’s stand<strong>in</strong>g among some <strong>in</strong>ternational <strong>in</strong>vestors. However, perhaps most importantly, it also deregulated the downstream sector, which opened it up to competition and therefore local participation. Legislat<strong>in</strong>g for local content The reforms were generally effective, revers<strong>in</strong>g years of decl<strong>in</strong><strong>in</strong>g output <strong>in</strong> the oil and gas sector and shor<strong>in</strong>g up GDP growth <strong>in</strong> Nigeria. However, the provisions of the bill were extended by the Nigerian Oil and Gas Industry Content Development Bill, which became the Nigerian Content Act, <strong>in</strong> April 2010. Unlike previous <strong>in</strong>carnations of the bill, the 2010 version def<strong>in</strong>ed ‘local content’ not by the shareholders own<strong>in</strong>g a company. This was important because this def<strong>in</strong>ition had made previous regulations relatively easy to bypass. Instead, local content is def<strong>in</strong>ed as “the quantum of composite value added to or created <strong>in</strong> the Nigerian economy by a systematic development of capacity and capabilities through the deliberate utilisation of Nigerian human, material resources and services <strong>in</strong> the Nigerian oil and gas <strong>in</strong>dustry”. In other words, the Act aims to give those companies with high ‘Nigerian content’ preference over those with lower content. The Act also created the Nigerian Content Development and Monitor<strong>in</strong>g Board (the Board) to execute its provisions, plus the Nigerian Content Consultative Forum, which is <strong>in</strong>tended to be a platform for <strong>in</strong>formation-shar<strong>in</strong>g. The Act set out some ambitious targets for the next four years, <strong>in</strong>clud<strong>in</strong>g 17 <strong>in</strong>dividual milestones. It aims to redeploy $20 billion <strong>in</strong>to the Nigerian economy and create 30,000 jobs, largely by encourag<strong>in</strong>g <strong>in</strong>ternational companies to use domestic ancillary services and employ local labour. The bidd<strong>in</strong>g process Criticisms of the Act have tended to focus on the <strong>in</strong>troduction of more adm<strong>in</strong>istrative hurdles <strong>in</strong> an already onerous contract award process, and certa<strong>in</strong>ly the rules do place additional burdens on companies operat<strong>in</strong>g <strong>in</strong> Nigeria. Specifically, companies must submit a Nigerian Content Plan as part of the bidd<strong>in</strong>g process for any licence, permit or <strong>in</strong>terest <strong>in</strong> the oil INvESt IN <strong>NIGERIA</strong> <strong>2012</strong>-<strong>13</strong>
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Invest in NIGERIA 2012-13 Published
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Mubadala is an investment and devel
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Invest in NIGERIA 2012-13 Editor La
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Contents Forewords 16 21 The Policy
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44 Promoting free and fair election
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120 Industrial Infrastructure 124 1
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16 FOREWORD Goodluck Ebele Jonathan
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Ahmadu Bello University, Zaria, Nig
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since 1989 Rotary kiln incinerators
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Pushing boundaries An emerging lead
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24 the policy agenda Realising Nige
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Foreign policy and the investment e
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28 the policy agenda prospects of l
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www.nosakgroup.com Corporate Offi c
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32 the policy agenda Democracy and
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Sustainable business, social repons
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36 the policy agenda There is no do
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38 the policy agenda Working to ach
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40 the policy agenda they had sexua
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42 the policy agenda “The improve
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144 SOCIAL INFRASTRUCTURE Obstetric
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146 agriculture and water Growing t
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Electrical, Mechanical, Civil, Wate
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150 agriculture and water sesame an
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154 agriculture and water The devel
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156 media, tourism aNd culture A ri
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158 media, tourism aNd culture The
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160 MEDIA, TOURISM AND CULTURE A ci
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162 MEDIA, TOURISM AND CULTURE Top
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164 DIRECTORY Government ministries
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166 DIRECTORY Tel: 236 0521, 236 05
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168 DIRECTORY United States of Amer
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170 Index of advertisers Aero .....
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ffordability - innovation eliabilit