RE: News next week?21 Nov 2021 08:14
Beluga Energy’s proposed share of the PSC is a non-operating working interest of 49%, with TRP keeping 51% as operator.
Deductions:-
1 This is not a change of control because that still rests with TRP, it is a transfer of some of the rights and obligations outlined in the original PSC.
2 This is dealt with by Clause 20 of the Code and not Clause 21 - evidenced by, “…so for example approval for a transfer like this is a relatively simple process under section 20 of the Code…” from the email.
The latest version of the Code I can find is from 2019, it is a scanned version of the original document and therefore some of the characters do not transfer under Copy & Paste, I have edited it back to what is hopefully the correct version.
“SECTION 20: (1 )A petroleum contract holder shall submit to the Minister in charge of hydrocarbons for prior approval, any deed or draft thereof, whereby the holder assigns or promises to assign, in whole or in part, the rights and obligations resulting from the petroleum contract.
(2) Contracts or agreements on the assignment of rights shall be entered into after the prior opinion of the Minister in charge of finance, subjcct to the suspensive condition of obtaining the approval of the Minister in charge of hydrocarbons. Any deed executed in breach of the provisions of this Section shall be null and void and lead to withdrawal of the authorization and/or forfeiture of the petroleum contract, in accordance with the provisions of Section 126 of this Law.”
Deductions:-
3 This is a two stage process, get the approval of one Minister (Hydrocarbons) AND also get that of another, the Minister (Finance) before you proceed.
4 There is no mention of any time limited cut-off, 60 days or otherwise.
5 These approvals therefore have to be active ones, as opposed to passive ones derived from a deadline having been reached without disapproval.
6 No news is neither positive nor negative, it merely reflects that the process is still on-going and gives no clues whatsoever to what the final outcome will be; either good or bad.