Assessing The Efficacy of The Petroleum (Exploration, Development and Production) (National Content) Regulations,

Abstract

This study was informed by the difficulty that continue to face Ugandan companied and firms trying to enter the upstream oil and gas industry. As the country goes into the development phase of the oil industry, many foreign companies continue to dominate the scene as licensees, contractors and sub-contractors. The study therefore set out to analyze the legal framework meant to promote national content in the upstream sector specifically as regards to enabling local firms take part in procurements. The objectives of the study were; to find out the law in enabling participation of local companies in upstream procurements; to do a comparative analysis of the Ugandan legal framework against similar legal frameworks in other jurisdictions in delivering participation of local companies in upstream contracts; to establish the efficacy of the Petroleum (Exploration, Development and Production) (National Content) Regulations 2016 in delivering participation of local companies in upstream contracts and to propose recommendations for review of the law to better deliver the country’s local content aspirations in the oil and gas upstream industry. Using the qualitative design, the researcher conducted and doctrinal analysis of the Petroleum (Exploration Development and Production) (National Content) Regulations, 2016 in as far as they seek to make entry for Ugandan companies. This law was compared against similar legislation in Nigeria and Angola, the two countries being leading oil and gas producers on the African continent and with national content policies and against existing literature on what a local content policy should focus on.