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Petroleum Industry Bill (PIB): 20 things to note

The New Petroleum Industry Bill (PIB): Top 20 Changes You Should Know!

The PIB seeks to provide legal, governance, regulatory and fiscal framework for the Nigerian Petroleum Industry and development of Host Communities. It contains 5 Chapters, 319 Sections and, 8 Schedules.

Below are the key changes:

Chapter 1 – Governance and Institutions

1. The key objective is ensuring good governance and accountability, creation of a commercially oriented national petroleum company, and fostering a conducive business environment for petroleum operations.

2. Creation of the Nigerian Upstream Regulatory Commission responsible for the technical and commercial regulation of the upstream petroleum operations; and the Nigerian Midstream and Downstream Petroleum Regulatory Authority responsible for the technical and commercial regulation of the midstream and downstream operations in Nigeria. The Commission and Authority are exempted from the provisions of any enactment relating to the taxation of companies or Trust Funds

3. Imposition of up to 1% levy on the wholesale price of petroleum products sold in the country (0.5% each for the Authority Fund and Midstream Gas Infrastructure Fund)

4. Incorporation of a commercial and profit focused NNPC Limited under CAMA within 6 months from commencement of the new law with ownership vested in the Ministry of Finance Incorporated (and Ministry of Petroleum Incorporated) on behalf of the Federation to take over assets, interests and liabilities of NNPC. This structure is expected to pave the way for eventually sale of shares to Nigerians.

5. Any assets, interest and liabilities not transferred to NNPC Limited will remain with NNPC until extinguished or transferred to the government after which NNPC shall cease to exist. Transfer and sale of the shares are subject to approval by the government and endorsement by the National Economic Council.

6. NNPC Limited will earn 10% of proceeds of the sale of profit oil and profit gas as management fee while 30% will be remitted to Frontier Exploration Fund for the development of frontier acreages in addition to 10% of rents on petroleum prospecting licences and mining leases.

Chapter 2 – Administration

7. The main objective is to promote the exploration and exploitation of petroleum resources in Nigeria for the benefit of the Nigerian people and promote sustainable development of the industry, ensure safe, efficient transportation and distribution infrastructure, and transparency and accountability in the administration of petroleum resources in Nigeria.

8. Avoid economic distortions and ensure a competitive market for the sale and distribution of petroleum products and natural gas in Nigeria; and avoid cross-subsidies among different categories of consumers.

9. The Commission is required to develop a model licence and model lease to include a carried interest provision giving NNPC Limited the right to participate up to 60% in a contract.

Chapter 3 – Host communities development

10. The main objective is to foster sustainable prosperity within host communities, provide direct social and economic benefits and enhance harmonious co-existence.

11. Any company granted an oil prospecting licence or mining lease or an operating company on behalf of joint venture partners (settlor) is required to contribute 3% – 5% (upstream Companies) and 2% (other companies) of its actual operating expenditure in the immediately preceding calendar year to the host communities development trust fund. This is in addition to the existing contribution of 3% to the NDDC. The Fund is tax exempt and any contributions by a settlor is tax deductible.

12. Board of trustees and executive members of the management committee may include persons of high integrity and professional standing who may not necessarily come from any of the host communities.

13. Available funds are to be allocated 75% for capital projects, 20% as reserve and 5% for administrative expenses. However, a community will forfeit the cost of repairs in the event of vandalism, sabotage and other civil unrest causing damage to petroleum facilities or disruption of production activities.

Chapter 4 – Fiscal framework

14. The key objective is to establish a progressive fiscal framework that encourages investment in the Nigerian petroleum industry, provides clarity, enhances revenues for the government while ensuring a fair return for investors.

15. FIRS to collect Hydrocarbon Tax of 15% – 30% on profits from crude oil production, CIT at 30% and Education Tax at 2% which will no longer be tax deductible. The Commission will collect rents, royalties, and production shares as applicable while the Authority will collect gas flare penalty from midstream operations. Late filing of tax returns will attract N10m on the first day and N2m for each subsequent day the failure continues. A N20m fine is applicable to an offense where no penalty is prescribed.

16. Generally, expenses must be wholly, reasonably, exclusively and necessarily incurred to be tax deductible. However, a cost price ratio limit of 65% of gross revenue is imposed for hydrocarbon tax deduction purposes, any excess cost incurred may be carried forward.

17. No tax deduction for head office costs while tax deduction of interest on monies borrowed is subject to the satisfaction of the commission that the fund was employed for upstream operations and the interest rates reflect market conditions.

18. Royalties are payable at the rates of 15% for onshore areas, 12.5% for shallow water, and 7.5% for deep offshore and frontier basins, 2.5% – 5% for natural gas. In addition, a price-based royalty ranging from 0% – 10% is payable to be credited to the Nigerian Sovereign Investment Authority.

19. Gas utilisation incentive will apply to midstream petroleum operations and large-scale gas utilisation industries. An additional 5-years tax holiday will be granted to investors in gas pipelines.

Chapter 5 – Miscellaneous provisions

20. The PIB repeals about 10 laws including the Associated Gas Reinjection Act; Hydrocarbon Oil Refineries Act; Motor Spirit Act; NNPC (Projects) Act; NNPC Act (when NNPC ceases to exist); PPPRA Act; Petroleum Equalisation Fund Act; PPTA; and Deep Offshore and Inland Basin PSC Act. It amends the Pre-Shipment Inspection of Oil Exports Act while the provisions , PPTA, Oil Pipelines Act, Deep Offshore and Inland Basin PSC Act.

President Buhari Approves Steering Committee on Petroleum Industry Act.

President Buhari Approves Steering Committee on Petroleum Industry Act.

This was contained in statement by the Special Adviser to the President on Media and Publicity Mr Femi Adesina. 

According to the statement, President Muhammadu Buhari has commenced implementation of the newly signed Petroleum Industry Act (PIA) by approving a steering committee to oversee the process.

The steering committee is headed by the Honourable Minister of State, Petroleum Resources, Timipre Sylva.

Other members are: Permanent Secretary, Ministry of Petroleum Resources, Group Managing Director, NNPC, Executive Chairman, FIRS, Representative of the Ministry of Justice, Representative of the Ministry of Finance, Budget and National Planning, Senior Special Assistant to the President on Natural Resources, Barrister Olufemi Lijadu as External Legal Adviser, while the Executive Secretary, Petroleum Technology Development Fund, will serve as Head of the Coordinating Secretariat and the Implementation Working Group.

The primary responsibility of the steering committee shall be to guide the effective and timely implementation of the PIA in the course of transition to the petroleum industry envisaged in the reform program, and ensure that the new institutions created have the full capability to deliver on their mandate under the new legislation.

The committee has 12 months duration for the assignment, and periodic updates will be given to Mr President.

President Buhari Signs Petroleum Industry Bill Into Law

President Muhammadu Buhari has signed the Petroleum Industry Bill 2021 into law.

This was contained in a statement by the Special Adviser to the President Mr Femi Adesina on Monday.

According to the statement, while working from home in five days quarantine as required by the Presidential Steering Committee on COVID-19 after returning from London on Friday August 13, the President assented to the Bill Monday August 16, in his determination to fulfill his constitutional duty.

The ceremonial part of the new legislation will be done on Wednesday, after the days of mandatory isolation would have been fulfilled.

The Petroleum Industry Act provides legal, governance, regulatory and fiscal framework for the Nigerian petroleum industry, the development of host communities, and related matters.

The Senate had passed the Bill on July 15, 2021, while the House of Representatives did same on July 16, thus ending a long wait since early 2000s, and notching another high for the Buhari administration.

House of Reps pass Petroleum Industry Bill

The House of Representatives has just passed the Petroleum Industry Bill (PIB).

This comes after the House Committee of the Whole, on Thursday, considered the report of the Ad hoc Committee on PIB and passed the bill. The report was laid on Wednesday by the Chairman of the Ad hoc Committee, Mohammed Monguno (APC, Borno).

The current version of the PIB is titled, “A Bill for an Act to Provide Legal, Governance, Regulatory and Fiscal Framework for the Nigerian Petroleum Industry, the Development of Host Community and for Related Matters.”

Among others, the various provisions in the bill seek to scrap the Petroleum Equalisation Fund and the Petroleum Products Pricing Regulatory Agency with a view to replacing them with a new agency to be known as the Nigerian Midstream and Downstream Regulatory Authority, which would be saddled with the responsibility of carrying out technical and commercial regulation of the midstream and upstream petroleum operations in the industry.

PIB: Oil Firms’ licences may be revoked over neglect of host communities

Oil firms that neglect their obligations to host communities risk losing their operating licenses if the new Petroleum Industry Bill (PIB) presently before the National Assembly sails through.

The Petroleum Industry Bill (PIB) seeks to increase government revenue from oil, establish strengthened legal and regulatory framework for the Nigerian oil industry, and promote transparency in the administration of Nigerian petroleum resources.

According to Leadership newspapers, in the new bill, the power to revoke oil licenses is vested on the Minister of Petroleum Resources. It reported that according to the bill, the action will be taken with the recommendation of the Nigerian Upstream Regulatory Commission, among other powers.

It defines host community as “any community situated in or appurtenant to the Area of Operation of a Settlor (oil company), and any other community as a Settlor may determine.”

It said that any oil and gas company that fails to incorporate the Host Communities Development Trust would have its license revoked.

It stated that on its constitution, the Host Communities Development Trust would be empowered to manage and supervise the administration of the annual contribution of the settlor (oil companies) contemplated under the Act and any other sources of funding.

The bill further proposed that the objectives of the trust shall include financing and executing projects for the benefit and sustainable development of the host communities.

“It will undertake infrastructure development of the host communities within the scope of funds available to the Board of Trustees for such purposes; and facilitate economic empowerment opportunities in the host communities, among others,” it said.

Other powers granted the minister of Petroleum in the new bill include the revocation and assignment of interests in the petroleum industry, and approval of the fees for services rendered by the upstream, midstream and downstream regulatory authorities.

The bill is also proposing to empower the minister to order a cutback of the levels of crude oil or condensate production in the context of international oil pricing agreements supported by Nigeria.

It stated: “The minister is also empowered to, upon the recommendation of the Nigerian Upstream Regulatory Commission, or the Nigerian Midstream and Downstream Petroleum Regulatory Authority, direct in writing the suspension of petroleum operations in any area.

“The suspension, according to the bill will persist until arrangements to prevent danger to life or property have been made to his satisfaction or where in his opinion, a contravention of the Act or any regulation made under the Act has occurred or is likely to occur”.

The bill has passed second reading at the Senate and a committee was constituted to work on it for further deliberation.