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Oil & Gas Bowman Gilfillan Africa Group Oil & Gas Bowman Gilfillan Africa Group CONTENTS Our reach in Africa ............................................................................ 3 Our legal solutions make business sense ............................................. 4 Our team in Africa ........................................................................... 5 Our Oil & Gas experience ................................................................. 15 Our Offices ..................................................................................... 18 Our reach in Africa Bowman Gilfillan Africa Group has offices in four African countries: Kenya, South Africa, Tanzania and Uganda. The Bowman Gilfillan Africa Group comprises leading law firms which operate on an integrated basis: Bowman Gilfillan (South Africa), Coulson Harney (Kenya), East African Law Chambers (Tanzania) and AF Mpanga (Uganda). We have a “best friends” relationship with Udo Udoma & Belo Osagie in Nigeria. Our team have successfully facilitated numerous deals and cross-border transactions and regulatory compliance in Botswana, Democratic Republic of the Congo, Kenya, Mozambique, Namibia, South Africa, Tanzania, Uganda and Zambia. Our legal solutions make business sense Differences in law, regulation and business culture can significantly increase the risk and complexity of doing business in the Oil & Gas sector in Africa. Our oil and gas team has experience in all the regulatory and transaction aspects of the value chain of the oil and gas industry including licensing, production, transportation, storage and sale of hydrocarbons. They work closely with other professionals to provide a full range of services in areas such as financing, mergers and acquisitions, construction and engineering, environment, shipping, dispute resolution, antitrust, competition and regulatory, employment, environment, industrial relations, safety and incident response. The multi-jurisdictional network of the Bowman Gilfillan Africa Group provides direct access to our lawyers with the specific country expertise, experience and all important relationships with regulatory figures. Combined, this ensures that Oil & Gas matters are facilitated in a cost effective manner to achieve our clients objectives as seamlessly and efficiently as possible while minimising the legal and regulatory risks. While reliable technical legal advice is always very important, the ability to deliver that advice in a coherent, relevant way combined with transaction management, structuring, negotiating, drafting skills, post-matter support and ongoing client relationship management is essential to the supply of high quality legal services. We deliver those services to the highest international standards throughout Africa whilst striving to provide legal solutions which make business sense to our Oil & Gas clients. 4 Our team in Africa Lizel Oberholzer Lizel is an admitted attorney in South Africa with over 10 years experience in the energy sector in Africa. Her Partner experience in the energy sector together with the good relationships she has established with key regulatory figures in Africa is invaluable when advising and representing clients. Lizel is the co-author of the Juta Publication - Mineral and Petroleum Law of South Africa and contributes to legal knowledge in the public domain by authoring articles on the need for shale gas Contact Lizel for advice legislation in South Africa, the changing royalty on specialised oil and gas regime and other regulatory related articles. matters in Africa. Practice Focus in Africa: T: +27 21 480 7868 Lizel focuses on the regulatory field of petroleum F: +27 21 480 7918 rights, mine health and safety matters and the negotiating and drafting of various Oil & Gas contracts E: [email protected] in various jurisdictions in Africa. Local and international clients rely on her extensive knowledge of the mineral and petroleum legislation in South Africa for legal assistance. Track record highlights • regulatory compliance in the Democratic republic of the Congo, Namibia and Botswana; • application for exploration rights and regulatory compliance in Namibia; • drafting and negotiating Participating and Joint Operating Agreements based on the AIPN Model Contracts and the related cession and assignment of rights and relevant Ministerial approvals, in Namibia, Zambia and Tanzania and Kenya; • drilling and related contracts in Mozambique; 5 • applications for the Conversion of OP26 subleases to exploration and production rights and the negotiations of the related contracts with government; • the application for the first exploration and production rights offshore and onshore and the negotiation of the related contracts with government; • compliance with the Mining Charter and the Liquid fuels Charter, drafting and negotiation of related contracts; • Oil & Gas due diligence investigations; • negotiating and drafting of Fiscal Stability Agreements; • the first applications for technical co–operation permits and exploration rights relating to shale gas in South Africa; • gas pipeline negotiations and applications and related servitude agreements; • participating and Joint Operating Agreements based on the Association of International Petroleum Negotiators, “AIPN” Model Contracts and the related cession and assignment of rights and relevant Ministerial approvals; • negotiations and drafting of contracts relating to access of land for purposes of exploration and production; • applications for the consolidation of exploration rights; • import, storage and transportation of petroleum products; • listing of an Australian Company on the AXE in order to raise money for exploration in South Africa; • due diligence investigation regarding regulatory compliance of a petroleum refinery. 6 Associations • Association of International Petroleum Negotiators, “AIPN” • Onshore Petroleum Association of South Africa, “ONPASA”: founding member • Cape Law Society Awards & Rankings • Oil & Gas Deal of the Year Award for 2010 7 South Africa Noel Tunbridge Noel Tunbridge is an admitted as an attorney, notary and conveyancer. He practiced as a maritime lawyer Consultant for many years and founded The Maritime Law Association of South Africa in 1974. He is also a founding member of the Onshore Association of South Africa. Practice Focus in South Africa: Noel has been involved in the licensing of offshore exploration and production for over 30 years and has Contact Noel for advice extensive experience in establishing structures in on oil and gas matters in South Africa and for the firm’s international clients Southern Africa. including the regulation, financing and taxation of operations in South Africa. T: +27 21 480 7932 F: +27 21 480 7918 Track record highlights: • E: n.tunbridge @bowman.co.za The design and construction of the FA Platform south of Mossel Bay; • the construction of the pipeline from the platform to the refinery onshore; • conversion of OP26 sub leases to ex ploration and production rights in terms of the provisions of the Minerals and Petroleum Development Act 2002; • applications for technical co-operation permits, exploration rights and production rights for oil and gas in South Africa and related contracts with government; • drafting and negotiating of fiscal stability agreements; • regulatory compliance with t he Petroleum Products Act, the Petroleum Pipelines Act, the Gas Act of South Africa. Associations: • Honorable Member and founder of the Maritime Law Association • Honorable Member of the Cape Law Society • Founding member of the Onshore Association of South Africa Awards & Rankings • Oil & Gas Deal of the Year Award for 2010 9 Kenya Rainbow Field Rainbow Field (nee Calder) was admitted as a Director of International Legal Barrister and Solicitor by the Western Australian Supreme Court in 2006. Having worked as a lawyer Services : Coulson Harney in Perth for two years, she moved to Kenya in December 2006 and worked at Kaplan & Stratton (from early 2007) until joining Coulson Harney in March 2009. In March 2011 she was made Director of International Legal Services. Practice Focus in Kenya: Contact Rainbow for advice on local Rainbow’s main practice areas are mergers and compliance of oil and gas acquisitions, mining, energy and resources, matters in Kenya. employment, joint ventures and business formation and advising not-for-profit companies. T: +254 20 289 9000 Track record highlights: F: +254 20 289 9100 • Origin Energy on offshore oil and gas blocks; E: [email protected] • FAR Ltd – on offshore oil and gas blocks; • Anadarko – on its presence in Kenya and generally relating to oil and gas blocks; • CAMAC Energy – on establishing a presence in Kenya and generally in relation to oil and gas blocks; • Schlumberger – advising on general queries in relation to operations in Kenya; • confidential – advising a foreign client on the possible acquisition Kenyan assets of Cove Energy; • confidential – advising a foreign service provider of oil and gas companies in relation to establishing a presence in Kenya and on the general regulatory regime governing the oil and gas sector in Kenya; 10 • confidential – on the general regulatory regime governing the oil and gas sector in Kenya; • confidential – advising a foreign service provider to oil and gas companies (manpower and logistics) in relation to setting up operations in Kenya; • Apache – on the regulatory regime governing the oil and gas sector in Kenya; • advising various clients on the provisions of Production Sharing Contracts. Associations:
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