11 Social Licence to Operate in the Energy Transition Era …
359
comprehensive local content framework, it provides guidance on local
employment and the procurement of goods and services. In terms of
employment, Article 86 of the PAL requires investors both local and
foreign to employ only Angolan citizens in all categories and functions, except where no Angolan citizens exist in the national market
with the required qualifications and experience.
59 With respect to
the procurement of goods and services (materials, equipment, and
machinery), Article 27 of PAL requires that national production of
the same or approximately the same quality and which is available
for sale and delivery in due time, at prices which are no more than
10% higher than the imported items including transportation and
insurance costs and customs charges due, should be procured.
60
b. In the Democratic Republic of Congo (DRC), the Hydrocarbons
Code of 2016 contains specific provisions for local content development under Articles 7 and Articles 139—147.
61 These sections
contain detailed provisions for local content requirements on all activities along the hydrocarbons value chain. Specifically, these provisions
address the utilization of local human and material resources, training
and local capacity development, technology transfer, utilization of
local goods and services and the creation of additional and measurable
value added to the local economy. The new code takes into consideration the aspirations of Congo to use local content as a development
tool and thereby promote employment, skills development/training,
technology transfer as well as national industry participation.
62
c. Ghana enacted the Petroleum (Local Content and Local Participation) Regulations 2013, (L.I 2204), based on the Local Content
Policy of 2011, to promote the maximization of value-addition and
59 Ibid.
60 Berryl C, ‘Chapter 12—Role of Angolan Local Content Requirements: A Means for Benefit
Sharing or an End in Itself? Art and Science of Benefit Sharing: Local Content Requirements
in Angola’s Petroleum Sector’ (Hal.archives-ouvertes.fr, 2018). https://hal.archives-ouvertes.fr/
hal-01792311/document, accessed May 21, 2020.
61 ‘Hydrocarbons Code Law No. 28 of 2016’ (Congomhc.com, 2016). https://www.congomhc.
com/downloads, accessed May 22, 2020.
62 Oyewole (Consultant) D, ‘Overview of Local Content Regulatory Frameworks in Selected
Eccas Countries’ (Unctad.org, 2018). https://unctad.org/en/PublicationsLibrary/ditccominf20
18d4_en.pdf, accessed May 22, 2020.
359
comprehensive local content framework, it provides guidance on local
employment and the procurement of goods and services. In terms of
employment, Article 86 of the PAL requires investors both local and
foreign to employ only Angolan citizens in all categories and functions, except where no Angolan citizens exist in the national market
with the required qualifications and experience.
59 With respect to
the procurement of goods and services (materials, equipment, and
machinery), Article 27 of PAL requires that national production of
the same or approximately the same quality and which is available
for sale and delivery in due time, at prices which are no more than
10% higher than the imported items including transportation and
insurance costs and customs charges due, should be procured.
60
b. In the Democratic Republic of Congo (DRC), the Hydrocarbons
Code of 2016 contains specific provisions for local content development under Articles 7 and Articles 139—147.
61 These sections
contain detailed provisions for local content requirements on all activities along the hydrocarbons value chain. Specifically, these provisions
address the utilization of local human and material resources, training
and local capacity development, technology transfer, utilization of
local goods and services and the creation of additional and measurable
value added to the local economy. The new code takes into consideration the aspirations of Congo to use local content as a development
tool and thereby promote employment, skills development/training,
technology transfer as well as national industry participation.
62
c. Ghana enacted the Petroleum (Local Content and Local Participation) Regulations 2013, (L.I 2204), based on the Local Content
Policy of 2011, to promote the maximization of value-addition and
59 Ibid.
60 Berryl C, ‘Chapter 12—Role of Angolan Local Content Requirements: A Means for Benefit
Sharing or an End in Itself? Art and Science of Benefit Sharing: Local Content Requirements
in Angola’s Petroleum Sector’ (Hal.archives-ouvertes.fr, 2018). https://hal.archives-ouvertes.fr/
hal-01792311/document, accessed May 21, 2020.
61 ‘Hydrocarbons Code Law No. 28 of 2016’ (Congomhc.com, 2016). https://www.congomhc.
com/downloads, accessed May 22, 2020.
62 Oyewole (Consultant) D, ‘Overview of Local Content Regulatory Frameworks in Selected
Eccas Countries’ (Unctad.org, 2018). https://unctad.org/en/PublicationsLibrary/ditccominf20
18d4_en.pdf, accessed May 22, 2020.