TREATY BETWEEN NIGERIA AND SAO-TOME AND PRINCIPE ON THE JOINT DEVELOPMENT OF PETROLEUM AND OTHER RESOURCES IN RESPECT OF AREAS OF THE EXCLUSIVE ECONOMIC ZONES

LAWS OF THE FEDERATION OF NIGERIA

TREATY BETWEEN NIGERIA AND SAO-TOME AND PRINCIPE ON THE JOINT DEVELOPMENT OF PETROLEUM AND OTHER RESOURCES IN RESPECT OF AREAS OF THE EXCLUSIVE ECONOMIC ZONES

 

ARRANGEMENT OF ARTICLES

Part One – The Joint Development Zone

Article 2 – Establishment of joint development zone

Article 3 – Principles of joint development

Article 4 – No renunciation of claims to the zone

Article 5 – Special regime

Part Two – The Joint Ministerial Council

Article 6 – Composition of the Council

Article 7 – Meetings and decisions of the Council

Article 8 – Functions and powers of the Council

Part Three – The Joint Authority

Article 9 – Establishment, Functions and Powers

Article 10 – The Board

Article 11 – Accountability

Article 12 – Privileges and Immunities

Article 13 – Supply of Service

Part Four  – Administrative Services

Article 14  – Secretariat and other services

Part Five – Duties of Personnel

Article 15 – Impartiality and Conflict of Interest

Article 16 – Confidentiality

Part Six – Finance

Article 17 – Budgets, Accounts and Audit

Article 18 – Application of surpluses

Part Seven – The Zone Plan

Article 19 – Preparation and Approval of the Zone Plan

Article 20 – Periodic Review of the Zone Plan

Part Eight – Regime for Petroleum in the Zone

Article 21 – Regulatory and Tax Regime for Petroleum activities

Article 22 – Customs and Duty and Exemptions

Article 23 – General Regime for Petroleum Development Contracts

Article 24 – Financial Regime for Petroleum Development Contracts

Article 25 – Rights and Duties of Contractors

Article 26 – Effect of Cancellation or Suspension of Petroleum Development Contractors on C-contractors

Article 27 – Assignment of Contractor’s Rights

Article 28 – Operations by Petroleum Contractors in the Territory of the States Parties outside the Zone

Article 29 – Access to Operations

Article 30 – Inspections Rights

Article 31 – Petroleum Unitisation

Part Nine – Other Resources of the Zone

Article 32 – Provision in the Zone Plan for Non-petroleum Resources

Article 33 – Development of Regulatory and Tax Regime

Article 34 – Arrangements in the absence of a Regulatory and Tax Regime for Non-Petroleum Development Activities

Article 35 – Information and Monitoring

Part Ten – Miscellaneous

Article 36 – Employment and Training

Article 37 – Health and Safety

Article 38 – Prevention of Pollution and Protection of the Marine Environment

Article 39 – Applicable Private Law

Article 40 – Criminal Law and Jurisdiction

Article 41 – Compliance and Enforcement

Article 42 – Civil and Administrative Jurisdiction

Article 43 – Security and Policing of the Areas

Article 44- Review of applicable law and enforcement arrangements

Article 45 – Rights of third States

Article 46 – Position of persons in relation to the Zone

Part Eleven – Resolution of deadlocks and settlement of disputes

Article 47 – Settlement of disputes between the authority and private interests

Article 48 – Resolution of disputes arising in the work of the Authority of the Council

Article 49 – Settlements of unresolved disputes between the States Parties

Part Twelve – Entry into Force and other Matters

Article 50 – Entry into Force

Article 51 – Duration and Termination

Article 52 – Special Province for Termination in certain cases

Article 53 – Language of Treasury

Appendix  – Special Regime Area

PREAMBLE

Treaty between The Federal Republic of Nigeria and The Democratic Republic of Sao Tome and Principe  on the Joint Development of Petroleum and other resources, in respect of areas of the Exclusive Economic Zone of the two States.

The Federal Republic of Nigeria and the Democratic Republic of Sao Tome and Principe:

Taking into account the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 1982 and, in particular, Article 74 (3) which requires States with opposite coasts, in a spirit of understanding and cooperation , to make every effort, pending agreement on delimitation, to enter into provisional arrangements of a practical nature which do not jeopardize or hamper reaching of final agreement on the delimitation of their exclusive economic zones;

Fully committed to maintaining, renewing and further strengthening the mutual respect, friendship and co-operation between their country, as well as in promoting constructive neighbourly cooperation;

Acknowledging the existence of an area of overlapping maritime claims as to the exclusive economic zones living between their respective territories (the Area);

Determined to enable the exploration for and exploitation of those resources without delay and in orderly fashion;

Mindful of the interests, which their countries share as immediate neighbours, and in a spirit of co-operation, friendship and goodwill;

Convinced that this Treaty will contribute to the strengthening of the relations between their two countries; and

Believing that the establishment of joint arrangements to permit the explorations for and exploitation of petroleum and other resources in the Area will further augment the range of contact and co-operation between the Governments fo the two countries and benefit the development of contacts between their People;

Having decided accordingly to constitute by the present Treaty a Joint Development Zone for the Area, without prejudice to the eventual delimitation of their respective maritime zones by the provisions of this Treaty;

Have agreed as follows:

PRELIMINARY

Article 1 – Definitions

For the purpose of this Treaty:

(1)     Applicable law means this Treaty, and the principles and rules of law applicable in the zone by virtue of this Treaty.

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