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Article in Australian, page-125

  1. 904 Posts.
    Hi,
    Just thought I would repost this
    Senegal oil & gas regulations frame work.

    Titled:
    Competition.

    11.1 Which Governmental authority or authorities are responsible for the regulation of competition aspects, or anti-competitive practices, in the oil and natural gas sector?
    The Government of Senegal has created and implemented a National Committee of Hydrocarbons (CNH) under the Ministry in charge of Hydrocarbons. This Committee has a mission of regulation, monitoring, awareness and anticipation for all questions regarding hydrocarbon activities. The licences are granted and are disqualified by order of the Minister in charge of Hydrocarbons after consulting the National Hydrocarbons Committee.
    11.2 To what criteria does the regulator have regard in determining whether conduct is anti-competitive?
    The candidate company’s ability to respect the integrity of his obligations.
    The ability to carry out the activities for which the licence is requested, and good repute of the shareholders and directors of the applicant company.
    The ability to respect security rules of staff and the public, protection of the environment and town planning regulations.
    The ability to assume civil liability arising from the activity for which the licence is sought.
    The safety of facilities and equipment.
    11.3 What power or authority does the regulator have to preclude or take action in relation to anti-competitive practices?
    The National Committee of Hydrocarbons is the authority which takes action in relation to anti-competitive practices.
    11.4 Does the regulator (or any other Government authority) have the power to approve/disapprove mergers or other changes in control over businesses in the oil and natural gas sector, or proposed acquisitions of development assets, transportation or associated infrastructure or distribution assets? If so, what criteria and procedures are applied? How long does it typically take to obtain a decision approving or disapproving the transaction?
    The holder must also submit to the prior approval of the Minister:
    Any change in person or project who can newly distribute of social securities, or a change of control of the licence holder or an entity constituting the licence holder. The following must be notified: the distribution of social capital; the nationality of the majority shareholders; and the statutory provisions relating to head office and to the rights and obligations attached to social securities.
    However, disposals of securities of affiliated companies will be free from notification. As for transfers of social securities to third parties, they will be subject to the approval of the Minister if they have the effect of moving into different hands twenty-five percent (25%) or more of the capital of the company.
    Any guarantees or assurances on property and facilities allocated to petroleum operations.
    Changes of control must be notified to the Minister in charge of Hydrocarbons. If within sixty (60) days of notification, the Minister has not notified to the licence holder the reasons for his objection to any change of control, it is deemed approved.
 
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