INTERNATIONAL COURT OF JUSTICE
VOLUME II
FIGURES AND ANNEXES
18 JUNE 2018
CASE CONCERNING
MARITIME DELIMITATION IN THE INDIAN OCEAN
REPLY OF SOMALIA
SOMALIA
v.
KENYA
VOLUME II
FIGURES
Figure R2.1 AMISOM: Maritime Zones of Intervention
Figure R2.2 Interceptions by the Kenyan Navy: 1990-2014
Figure R2.3 Number and Distribution of Poriferan Species in the African EEZs
Figure R2.4 Exploratory Soil Map of Kenya
Figure R2.5 New Exploration Blocks and Location of Wells in the Lamu Basin
Figure R2.6 National Oil Corporation of Kenya Location Map
Figure R2.7 On-line Map of Kenyan Coral Reefs
Figure R2.8 On-line Map of Kenyan Fish Landing Sites
Figure R2.9 Maritime Jurisdictions in the Vicinity of the Arabian Peninsula and the
Horn of Africa
Figure R2.10 Map of the Jorre Block
Figure R3.1A The Parties’ Proposed Location of BP29 Plotted on Google Earth
Imagery: 2010
Figure R3.1B Unannotated Version of Google Earth Imagery: 2010
Figure R3.2A The Parties’ Proposed Location of BP29 Plotted on Digital Globe
Imagery (Date Unknown)
Figure R3.2A Unannotated Version of Digital Globe Imagery (Date Unknown)
Figure R3.3 The Equidistance Line
Figure R3.4 Kenya’s Figure 3.1 (Annotated)
KENYAN LEGISLATION
Annex 1 Republic of Kenya, Fisheries Act (25 Aug. 1989), reprinted in Laws of
Kenya, Chapter 378 (rev. ed. 2012)
Annex 2 Republic of Kenya, Coast Development Authority Act (18 Jan. 1990),
reprinted in Laws of Kenya, Chapter 449 (rev. ed. 2012)
Annex 3 Republic of Kenya, Environmental Management and Co-ordination
Act (14 Jan. 2000), reprinted in Laws of Kenya, Chapter 387 (rev. ed.
2012)
Annex 4 Republic of Kenya, Energy Act (2006)
Annex 5 Republic of Kenya, Mining Act, Act No. 12 of 2016 (27 May 2016)
KENYAN GOVERNMENT DOCUMENTS
Annex 6 Republic of Kenya, Ministry of Agriculture, Exploratory Soil Map of
Kenya (1980)
Annex 7 Republic of Kenya, Survey of Kenya, National Atlas of Kenya (5th
ed., 2003).
Annex 8 Republic of Kenya, National Environment Management Authority,
State of the Coast Report: Towards Integrated Management of Coastal
and Marine Resources in Kenya (2009)
Annex 9 Martin M. Heya, Ministry of Energy, Republic of Kenya, Overview of
Petroleum Exploration in Kenya: Presentation to the 5th East African
Petroleum Conference and Exhibition 2011 (25 Feb. 2011)
EXHIBITS
Figure R3.5 Map 12 from the Award in Bangladesh/India (Annotated)
Figure R3.6 Any Cutoff Kenya Suffers is the Result of Its Agreement with
Tanzania
Figure R4.1 NOCK/Western Geco Draft Agreement
Annex 10 Republic of Kenya, Ministry of Mining, Sector Plan for Oil and Other
Minerals 2013-2017 (2013)
Annex 11 Republic of Kenya, National Assembly, Departmental Committee on
Defence and Foreign Relations, Report of the Workshop on Somalia
and International Boundaries (Oct. 2014)
Annex 12 Republic of Kenya, Ministry of Energy and Petroleum, Strategic
Environmental and Social Assessment of the Petroleum Sector in
Kenya: Final Report (Dec. 2016)
Annex 13 Letter from H.E. Githu Muigai, Attorney-General and the Agent of
the Republic of Kenya, to H.E. Mr. Philippe Couvrer, Registrar of the
International Court of Justice, No. AG/CONF/19/153/2VOL.IV (26
Sept. 2016)
Annex 14 Kenya Marine and Fisheries Research Institute, Kenya Coastal
Development Project, Integrated Coastal Biodiversity Management
System: Fish Landing Sites (4 Oct. 2017), available at http://icbims.
kmfri.co.ke/maps/231/view
Annex 15 Kenya Marine and Fisheries Research Institute, Kenya Coastal
Development Project, Integrated Coastal Biodiversity Management
System: Kenyan Coral Reefs (4 Oct. 2017), available at http://icbims.
kmfri.co.ke/maps/221/view
DIPLOMATIC CORRESPONDENCE
Annex 16 Letter from Amb. (Dr.) Amina Mohamed, Cabinet Secretary of Foreign
Affairs of the Republic of Kenya, to H.E. Abdusalam H. Omer, Minister
of Foreign Affairs and Investment Promotion of the Federal Republic
of Somalia, No. MFA.INT.8/15A (18 May 2016)
UNITED NATIONS DOCUMENTS
Annex 17 U.N. Educational, Scientific & Cultural Organization,
Intergovernmental Oceanographic Commission, Training Course
Report No. 89: ODINAFRICA: Marine Biodiversity Data Mobilisation
Workshop on Sponges, U.N. Doc. IOC/2006/TCR/89 (4-18 Nov. 2006)
Annex 18 U.N. Educational, Scientific & Cultural Organization,
Intergovernmental Oceanographic Commission, Nineteenth Session
of the IOC Committee on International Oceanographic Data and
Information Exchange (IODE-XIX): Ocean Data and Information
Network for Africa (ODINAFRICA), U.N. Doc. IOC/IODE-XIX/35 (22
Feb. 2007)
Annex 19 U.N. Security Council, Report of the Secretary-General on the
protection of Somali natural resources and waters, U.N. Doc.
S/2011/661 (25 Oct. 2011)
Annex 20 U.N. Security Council, Resolution 2036 (2012), U.N. Doc. S/RES/2036
(22 Feb. 2012)
Annex 21 U.N. Monitoring Group on Somalia and Eritrea, Report of the
Monitoring Group on Somalia and Eritrea pursuant to Security
Council resolution 2002 (2011), U.N. Doc. S/2012/544 (13 July 2012)
Annex 22 U.N. Office of Legal Affairs, Division for Ocean Affairs and the
Law of the Sea, “Kenya”, available at http://www.un.org/Depts/los/
LEGISLATIONANDTREATIES/STATEFILES/KEN.htm (last updated
14 Oct. 2014)
Annex 23 U.N. Monitoring Group on Somalia and Eritrea, Report of the
Monitoring Group on Somalia and Eritrea pursuant to Security
Council resolution 2182 (2014): Somalia, U.N. Doc. S/2015/801 (19
Oct. 2015)
Annex 24 U.N. Monitoring Group on Somalia and Eritrea, Report of the
Monitoring Group on Somalia and Eritrea pursuant to Security
Council resolution 2244: Somalia, U.N. Doc. S/2016/919 (31 Oct.
2016)
PETROLEUM INDUSTRY DOCUMENTS
Annex 25 Total Fina Elf, Meeting with Authorities of Somalia (3 Feb. 2001)
Annex 26 Memorandum of Understanding between National Oil Corporation of
Kenya and Eastern Echo DMCC (26 July 2013)
Annex 27 Draft Agreement between National Oil Corporation of Kenya and
Eastern Echo DMCC (Aug. 2013), available at http://cofek.co.ke/
Western%20Geco%20and%20National%20Oil%20-%20New%20
Acquisition%20Agreement%202013.docx
Annex 28 Soma Oil & Gas Exploration, Ltd., Unlocking Somalia’s Potential: 1st
International Forum on Somalia Oil, Gas & Mining (27-28 Apr. 2015)
Annex 29 Spectrum Geo, “Spectrum signs Seismic Data Agreement to Kick-
Start Oil Exploration Offshore Somalia” (7 Sept. 2015)
Annex 30 Soma Oil & Gas Exploration, Ltd., Unlocking Somalia’s Potential:
Company Presentation Q2 2016 (2016)
Annex 31 Schlumberger, Ltd., “Multiclient Latest Projects: Kenya Deepwater 2D
2013 Multiclient Seismic Survey”, available at http://www.multiclient.
slb.com/latest-projects/africa/kenya_2d.aspx (last accessed 11 May
2018)
ACADEMIC ARTICLES AND LEGAL AUTHORITIES
Annex 32 Vivian Louis Forbes, The Maritime Boundaries of the Indian Ocean
Region (1995)
Annex 33 International Law Commission, Guiding Principles applicable to
unilateral declarations of States capable of creating legal obligations,
with commentaries thereto in Report of the International Law
Commission on the work of its fifty-eighth session (1 May-9 June and
3 July-11 August 2006), U.N. Doc. A/61/10 (2006)
Annex 34 Caitlyn Antrim, “International Law and Order: The Indian Ocean and
South China Sea” in Indian Ocean Rising: Maritime Security and
Policy Challenges (D. Michel & R. Sticklor eds., 2012)
Annex 35 Dominik Balthasar, The Heritage Institute for Policy Studies, Oil in
Somalia: Adding Fuel to the Fire? (2014)
PRESS REPORTS
Annex 36 F. Oluoch & M. Kimani, “War hits Kenya’s bid to expand waters”, The
East African (29 Jan. 2012)
Annex 37 Fred Oluoch, “UN unveils new look Amisom as Kenya joins up”, The
East African (11 Feb. 2012)
Annex 38 Samuel Kamau Mbote, “COFEK question National Oil Western Geco
contract to store Kenya Oil Data”, Oil News Kenya (22 Mar. 2014)
Annex 39 “Spectrum ASA completes the acquisition of 2D seismic data offshore
Somalia”, Oil News Kenya (5 May 2016)
MISCELLANEOUS
Annex 40 United Republic of Tanzania, Government Notice No. 209 (24 Aug.
1973), published in Gazette of the United Republic of Tanzania,
No. 36, Vol. LIV, Supplement No. 48 (7 Sept. 1973)
Annex 41 International Hydrographic Organization, Hydrographic Dictionary
(5th ed., 1994)
Annex 42 United States National Geospatial-Intelligence Agency, Chart 61220:
Manda Island to Kismaayo (20 Jan. 2014)
Annex 43 Consumers Federation of Kenya, “How the latest string of National Oil
Corporation of Kenya (NOCK) contracts will affect you the consumer”
(20 Mar. 2014), available at http://www.cofek.co.ke/index.php/newsand-
media/399-how-the-latest-string-of-national-oil-corporation-ofkenya-
nock-will-affect-you-the-consumer
FIGURES
MARITIME
ZONE
SOUTH
MARITIME
ZONE
NORTH
AMISOM:
MARITIME ZONES OF INTERVENTION
Figure R2.1
Source: Security Council document S/2012/544, p. 225 (2012).
200 M limit
12 M limit
No. 2 29/05/92
No. 1 14/09/12
No. 14 27/10/08
KENYA
SOMALIA
Pemba I.
Zanzibar I.
Kismaayo
MOGADISHU
Mombasa
40°E 42°E 44°E
44°E
0°
2°S
4°S
6°S
0°
2°S
4°S
6°S
INDIAN
OCEAN
Kenya’s Parallel
Claim Line
Equidistance Line
Prepared by: International Mapping
INTERCEPTIONS BY THE KENYAN NAVY:
1990-2014
Mercator Projection
WGS-84 Datum
(Scale accurate at 2°S)
0 50 100 150
Nautical Miles
0 100 200
Kilometers
300
High tide coastlines are based on the NGA Prototype Global Shoreline Data Base.
Supplemental shoreline information was digitized from NGA charts 61210, 61220, 61230,
61240, 61250, 61260,61270, 61280, 62050, 62070, 62080 and 62090.
Figure R2.2
1990
1991
1992
1993
1999
2008
2011
2012
2014
Dates of alleged
vessel interceptions:
NUMBER AND DISTRIBUTION OF PORIFERAN
SPECIES IN THE AFRICAN EEZs
Figure R2.3
Source: Map published by UNESCO-IOC (1998).
EXPLORATORY SOIL MAP OF KENYA
Figure R2.4
Source: Map published by the Kenyan Ministry of Agriculture (1980).
NEW EXPLORATION BLOCKS AND LOCATION
OF WELLS IN THE LAMU BASIN
Figure R2.5
Source: Map published by the National Oil Corporation of Kenya (1995).
NATIONAL OIL CORPORATION OF KENYA
LOCATION MAP
Figure R2.6
Source: Survey of Kenya National Atlas, pg. 69 (2003).
ON-LINE MAP OF KENYAN
CORAL REEFS
Figure R2.7
Source: Kenyan Marine & Fisheries Research Institute website (2018).
(http://icbims.kmfri.co.ke/maps/221/view)
ON-LINE MAP OF KENYAN
FISH LANDING SITES
Figure R2.8
Source: Kenyan Marine & Fisheries Research Institute website (2018).
(http://icbims.kmfri.co.ke/maps/231/view)
MARITIME JURISDICTIONS
IN THE VICINITY OF THE ARABIAN PENINSULA
AND THE HORN OF AFRICA
Figure R2.9
Source: The Maritime Boundaries of the Indian Ocean Region, pg. 159 (1992).
Note: Highlighting added for legibility
MAP OF THE JORRE BLOCK
Figure R2.10
Source: Map from presentation delivered by TotalFinaElf
to the Government of Somalia (2001).
THE PARTIES’ PROPOSED LOCATION OF
BP29 PLOTTED ON GOOGLE EARTH IMAGERY:
2010
Figure R3.1A
Kenya’s location of BP 29 Somalia’s location of BP 29
0 300 600 meters
Scale:
UNANNOTATED VERSION OF
GOOGLE EARTH IMAGERY:
2010
Figure R3.1B
0 300 600 meters
Scale:
THE PARTIES’ PROPOSED LOCATION OF
BP29 PLOTTED ON DIGITAL GLOBE IMAGERY
(Date Unknown)
Figure R3.2A
Kenya’s location of BP 29 Somalia’s location of BP 29
0 300 600 meters
Scale:
UNANNOTATED VERSION OF
DIGITAL GLOBE IMAGERY
(Date Unknown)
Figure R3.2B
0 300 600 meters
Scale:
200 M limit
12 M limit
KENYA
SOMALIA
Pemba I.
Zanzibar I.
Kismaayo
MOGADISHU
Mombasa
40°E 42°E 44°E
44°E
0°
2°S
4°S
6°S
0°
2°S
4°S
6°S
INDIAN
OCEAN
Prepared by: International Mapping
THE EQUIDISTANCE LINE
Mercator Projection
WGS-84 Datum
(Scale accurate at 2°S)
0 50 100 150
Nautical Miles
0 100 200
Kilometers
300
High tide coastlines are based on the NGA Prototype Global Shoreline Data Base.
Supplemental shoreline information was digitized from NGA charts 61210, 61220, 61230,
61240, 61250, 61260,61270, 61280, 62050, 62070, 62080 and 62090.
Figure R3.3
Figure R3.4
Source: Kenyan Counter-Memorial, pg. 147.
KENYA’S FIGURE 3.1
(Annotated)
Figure R3.5
MAP 12 FROM THE AWARD IN
BANGLADESH / INDIA
(Annotated)
394 km
103 km
200 M limit
Kenya
Tanzania
COMOROS SEYCHELLES
Pemba I.
Zanzibar I.
Kismaayo
MOGADISHU
Cadale
Mombasa
38°E 40°E 42°E 44°E 46°E 48°E
40°E 42°E
44°E 46°E 48°E
38°E
0°
2°S
2°N
4°S
6°S
8°S
0°
2°S
2°N
4°N
6°N
6°S
4°S
8°S
INDIAN OCEAN
TANZANIA
ETHIOPIA
KENYA
SOMALIA
Kenya / Tanzania Equidistance
Kenyan OCS area lost due to
Agreement with Tanzania
Kenya / Somalia Equidistance
Prepared by: International Mapping
ANY CUTOFF KENYA SUFFERS IS THE
RESULT OF ITS AGREEMENT
WITH TANZANIA
Mercator Projection
WGS-84 Datum
(Scale accurate at 2°S)
0 50 100 150 200 250 300
Nautical Miles
0 100 200
Kilometers
300 400 500 600
High tide coastlines are based on the NGA Prototype Global Shoreline Data Base.
Supplemental shoreline information was digitized from NGA charts 61210, 61220, 61230,
61240, 61250, 61260,61270, 61280, 62050, 62070, 62080 and 62090.
Figure R3.6
NOCK / WESTERN GECO
DRAFT AGREEMENT
Figure R4.1
Source: Map from Appendix 1 of the 2013 Draft Agreement
between NOCK and Western Geco (2013).
ANNEXES
Annex 1
Republic of Kenya, Fisheries Act (25 Aug. 1989), reprinted in Laws of Kenya, Chapter 378
(rev. ed. 2012)
LAWS OF KENYA
FISHERIES ACT
CHAPTER 378
Revised Edition 2012 [1991]
Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
Annex 1
[Rev. 2012]
Fisheries
CAP. 378
[Issue 1]
Annex 1
[Rev. 2012]
Fisheries
CAP. 378
F7 - 3 [Issue 1]
CHAPTER 378
FISHERIES ACT
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II – ADMINISTRATION
3. Director.
4. Fisheries development measures.
5. Fisheries management measures.
6. Limitation of fishing.
PART III – REGISTRATION OF FISHING VESSELS
7. Registration of fishing vessels.
PART IV – LICENSING PROVISIONS
General Licensing Provisions
8. General licensing provisions.
Licensing of Local Fishing Vessels
9. Local fishing vessel licence.
10. Validity of local fishing vessel licence.
Licensing of Foreign Fishing Vessels
11. Fishing and entry into Kenya fishery waters by foreign fishing vessels.
12. Issue of foreign fishing vessel licence.
13. Validity of foreign fishing vessel licence.
Other Licences
14. Other Licences.
PART V – OFFENCES AND ENFORCEMENT
15. Prohibited methods of fishing.
16. Receiving fish in respect of which offence has been committed.
17. Obstruction of officers.
18. Powers of officers.
19. Forfeiture.
20. Compounding of offences.
PART VI – GENERAL PROVISIONS
21. Power to act as public prosecutor.
22. Marine mammals.
Annex 1
CAP. 378
Fisheries
[Rev. 2012]
[Issue 1] F7 - 4
Section
23. Minister’s power to make regulations.
24. Schemes of loans to fishermen.
25. Repeal of Cap. 378, Cap. 379, Cap. 380 and revocation of Groups 20 and 21 of
United Kingdom Orders-in-Council applied to Kenya.
26. Replacement of section 278B of Cap 63.
Annex 1
[Rev. 2012]
Fisheries
CAP. 378
F7 - 5 [Issue 1]
CHAPTER 378
FISHERIES ACT
[Date of assent:23rd August, 1989.]
[Date of commencement:25th August, 1989.]
An Act of Parliament to provide for the development, management,
exploitation, utilization and conservation of fisheries and for connected
purposes
[Act No. 5 of 1989.]
PART I – PRELIMINARY
1. Short title
This Act may be cited as the Fisheries Act.
2. Interpretation
In this Act, unless the context otherwise requires—
“authorized officer” means a fisheries officer, a police officer of or above
the rank of inspector, an officer of the Kenya Navy or other armed force or a
person appointed by the Minister, by notice in the Gazette, to be an authorized
officer for the purposes of this Act;
“dealing in fish” means collecting, transporting, storing, trans-shipping,
exposing or offering fish or fish products for purposes of trade;
“Director” means person appointed to the office in the public service of
Director of Fisheries;
“fish” means any aquatic animal, whether alive or dead, and includes any
part, and the spat, brood, fry, spawn, ova and young thereof;
“Fisheries Officer” means the Director and any person in the public service
of or above the rank of Assistant Fisheries Officer;
“fishing” means fishing for, catching, taking or killing fish, by any method;
“fishing gear” means any instrument, equipment, net, cork, buoy or other
article including part thereof used for purposes of fish finding, congregating fish
or fishing;
“fishing operations” includes fishing, supply of provisions to the fishing
vessels and the handling and processing of fish up to the time it is first landed;
“fishing port” means a place on a lake shore or sea front where fishing
vessels may resort for shelter, servicing, loading and off-loading of fish and
fishing equipment;
“fish processing” means any action (including icing, freezing and canning)
taken to alter the shape, appearance or form of fish from that in which the fish
is when first taken from its natural habitat;
Annex 1
CAP. 378
Fisheries
[Rev. 2012]
[Issue 1] F7 - 6
“fish product” means any product or part thereof (including oil) obtained
by fish processing and intended for use as human food, animal feed or raw
material ingredient in the manufacture of other commodities of commercial or
ornamental value;
“fishing vessel” means any vessel or craft used in fishing operations
including sport fishing;
“foreign fishing vessel” means any fishing vessel other than a local fishing
vessel;
“Kenya fishery waters” means the inland waters and the waters of the
maritime zones described in the Maritime Zones Act (Cap. 371) and for the
purposes of this Act excludes Government fish ponds and fish farms and any
private fish ponds or fish farms not established for commercial purposes;
“local fishing vessel” means a fishing vessel which is—
(a) wholly owned by a person or persons who are citizens of Kenya;
(b) wholly owned by the Government of Kenya;
(c) wholly owned by any company, society or other association of
persons established under the laws of Kenya and of which at
least fifty-one percent of the voting shares are owned by the
Government or citizens of Kenya; or
(d) wholly owned and crewed by residents of Kenya or by other
persons recognized by the Director by notice in the Gazette as
persons who traditionally fish in Kenya fishery waters and which
meets such other conditions as the Minister may by regulations
prescribe.
PART II – ADMINISTRATION
3. Director
(1) The Director shall, subject to the directions of the Minister, be responsible
for the administration of this Act.
(2) The Director may, in writing, delegate the exercise of any of the powers
and functions conferred upon him by this Act to such authorized officers as he may
think fit.
4. Fisheries development measures
The Director shall, in co-operation with other appropriate agencies and other
departments of Government, promote the development of traditional and industrial
fisheries, fish culture and related industries through such measures as—
(a) providing extension and training services;
(b) conducting research and surveys;
(c) promoting co-operation among fishermen;
(d) promoting arrangements for the orderly marketing of fish;
(e) providing infrastructure facilities; and
(f) stocking waters with fish and supplying fish for stocking.
Annex 1
[Rev. 2012]
Fisheries
CAP. 378
F7 - 7 [Issue 1]
5. Fisheries management measures
(1) The Director may with the approval of the Minister, by notice in the
Gazette, impose any of the following measures that are necessary for the proper
management of any fishery—
(a) closed seasons for designated areas, species of fish or methods of
fishing;
(b) prohibited fishing areas for all or designated species of fish or methods
of fishing;
(c) limitations on the methods of gear, including mesh sizes of nets, that
may be used for fishing;
(d) limitations on the amount, size, age and other characteristics and
species or composition of species, of fish that may be caught, landed
or traded;
(e) regulate the landing of fish and provide for the management of fish
landing areas; and
(f) control of the introduction into, or harvesting or removal from, any
Kenya fishery waters of any aquatic plant.
(2) Where the use of any gear is prohibited in any area, the Director may also,
by notice in the Gazette, prohibit the possession of the gear in that area.
(3) Any person who contravenes the provisions of a notice issued under this
section shall be guilty of an offence and liable to a fine not exceeding twenty
thousand shillings or to imprisonment for a term not exceeding one year or to both.
6. Limitation of fishing
(1) Where proper management of fisheries requires limitation of the number
of persons or of vessels, nets or areas or other means employed in a fishery, the
Director may by notice in the Gazette limit such means and the limitation may
include—
(a) refusal to issue or renew licences;
(b) imposition of special licence and catch fees;
(c) preferential licensing in other fisheries.
(2) A party aggrieved by the action taken by the Director under subsection (1)
may in writing appeal to the Minister whose decision shall be final.
PART III – REGISTRATION OF FISHING VESSELS
7. Registration of fishing vessels
(1) No person shall use any vessel for fishing in Kenya’s fishery waters unless
there is in force in relation to the vessel a valid certificate of registration.
(2) A certificate of registration in the prescribed form may on application and
on payment of the prescribed fee be issued by an authorized officer to the owner
of the vessel.
(3) Every vessel in respect of which a certificate of registration is issued under
this Act shall be marked in such manner as the Director may require.
Annex 1
CAP. 378
Fisheries
[Rev. 2012]
[Issue 1] F7 - 8
(4) The Director shall cause to be kept a register of all vessels registered under
this Act.
(5) Any person who uses any vessel for fishing in Kenya fishery waters without
a valid certificate of registration for that vessel shall be guilty of an offence.
(6) Any person who is guilty of an offence under this section shall be liable—
(a) in the case of a first conviction, to a fine not exceeding ten thousand
shillings or to imprisonment for a term not exceeding six months or
to both; and
(b) in the case of a second conviction, to a fine not exceeding twenty
thousand shillings or to imprisonment for a term not exceeding one
year or to both.
PART IV – LICENSING PROVISIONS
General Licensing Provisions
8. General licensing provisions
(1) Without prejudice to any regulations made under this Act, no person other
than persons fishing for their own consumption, shall catch or assist in catching
fish in Kenya fishery waters otherwise than under and in accordance with the terms
and conditions of a valid licence issued to him under this Act:
Provided that the Minister may by order published in the Gazette determine the
quantity of fish which may be deemed to be fish for own consumption under this
section, and different orders may be made for different areas of Kenya.
(2) Subsection (1) shall not apply to a person employed by a licensee, or,
subject to section 23 of the Penal Code (Cap. 63), to a company which is a licensee,
in respect of any act done by the person or company as licensee.
(3) Each licence issued under this Act shall be valid for such species of fish,
type of fishing gear, method of fishing and area as may be specified in the licence.
(4) It shall be a general condition of any licence issued under this Act or
regulations made thereunder that the licensee shall comply with such requirements
as the Director may establish concerning the making of statistical returns and the
collection of information.
(5) Any person who catches fish in Kenya fishery waters without a licence, or
in contravention of the conditions imposed on a licence, issued under this Act shall
be guilty of an offence and liable to a fine not exceeding twenty thousand shillings
or to imprisonment for a term not exceeding two years or to both.
Licensing of Local Fishing Vessels
9. Local fishing vessel licence
(1) An application for a licence for a local fishing vessel shall be made in
the prescribed form to the fisheries officer designated by the Director to receive
that application or applications of that description, or, if no such officer has been
designated, the Director.
Annex 1
[Rev. 2012]
Fisheries
CAP. 378
F7 - 9 [Issue 1]
(2) Upon receipt of an application under subsection (1) and on payment of the
prescribed fee, a fisheries officer shall, subject to any licensing instructions of the
Director, issue a licence for the local fishing vessel.
(3) A licence issued under this section shall be subject to such conditions as
may be prescribed by or under this Act or as may be endorsed upon the licence
by the issuing officer.
(4) The master and owner of a local fishing vessel which any person uses or
attempts to use in fishing or any fishing operation without a licence issued under
this section, shall each be guilty of an offence and liable to a fine not exceeding
twenty thousand shillings or to imprisonment for a term not exceeding one year
or to both.
(5) The master and owner of a local fishing vessel whose licence conditions
under this section are contravened shall each be guilty of an offence and liable to
a fine not exceeding twenty thousand shillings or to imprisonment for a term not
exceeding one year or to both.
10. Validity of local fishing vessel licence
(1) A local fishing vessel licence shall, unless earlier revoked or suspended,
expire on the 31st December of the year in which it is issued and shall cease to be
valid at any time that the vessel ceases to be a local fishing vessel.
(2) The Director may revoke or suspend a licence in respect of a local fishing
vessel at any time before it expires if the holder of the licence is convicted of any
offence under this Act or if in the judgement of the Director the action is necessary
for the proper management of fisheries.
Licensing of Foreign Fishing Vessels
11. Fishing and entry into Kenya fishery waters by foreign fishing vessels
(1) No foreign fishing vessel shall fish, attempt to fish or participate in fishing
operations in Kenya fishery waters without a licence issued under section 12.
(2) Where any foreign fishing vessel enters Kenya fishery waters without a
licence issued under section 12, the fishing gear or the vessel shall, at all times
while it is in such waters, be kept stowed in the prescribed manner.
(3) Where any foreign fishing vessel is used in Kenya fishery waters contrary to
this section, the master and owner of the vessel shall each be guilty of an offence
and liable to a fine of not less than fifty thousand shillings and not exceeding five
hundred thousand shillings or to imprisonment for a period of not less than six
months and not more than two years or to both.
12. Issue of foreign fishing vessel licence
(1) An application for a licence for a foreign fishing vessel shall be submitted
to the Director in the prescribed form.
(2) The Director may issue a foreign fishing vessel licence if—
(a) he has determined that there are fishery resources surplus to the
Kenya fishing industry which may be harvested under the licence; and
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(b) he has determined the quantity of the surplus that may be harvested
and indicates that quantity as a condition of the licence.
(3) A foreign fishing vessel licence shall be subject to a condition requiring it
to comply with any management measures that may be in force from time to time
under sections 4 and 5 and to the payment of prescribed fees, royalties or charges.
13. Validity of foreign fishing vessel licence
(1) A foreign fishing vessel licence shall, unless earlier revoked or suspended,
be valid for such period as the Director may specify.
(2) The Director may revoke or suspend a foreign fishing vessel licence at any
time—
(a) for failure to comply with the provisions of this Act, regulations or
management measures thereunder, or any condition of the licence; or
(b) where he is satisfied that such action is necessary for the proper
management of fisheries.
(3) If a licence is revoked or suspended under this section for the proper
management of fisheries, the proportion of any fees paid for the unexpired term of
the licence shall be refunded to the licensee.
(4) A party aggrieved by the suspension of a licence under subsection (2) may
appeal in writing to the Minister whose decision shall be final.
Other Licences
14. Other Licences
(1) The Minister may, in addition to licences for fishing vessels, make
regulations requiring a licence for any fishery activities including sport fishing or
the use of any gear or method of fishing with or without the use of a vessel, or fish
processing or dealing in fish.
(2) Any person who engages in any activity for which a licence is required by
section (1) otherwise than under the authority of such a licence, shall be guilty
of an offence and liable to a fine not exceeding twenty thousand shillings or to
imprisonment for a term not exceeding one year or to both.
PART V – OFFENCES AND ENFORCEMENT
15. Prohibited methods of fishing
Any person who uses any explosives, poisonous or noxious substances or
electric shock device for the purpose of killing, stunning, or disabling fish so as to
render them more easily caught shall be guilty of an offence and liable to a fine not
exceeding twenty thousand shillings or to imprisonment for a term not exceeding
one year or to both.
16. Receiving fish in respect of which offence has been committed
Any person who for purposes of trade and commerce receives or retains any
fish knowing or having reason to believe that an offence under this Act has been
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committed in respect of that fish shall be guilty of an offence and liable to a fine
of not less than five thousand shillings and not exceeding five hundred thousand
shillings or to imprisonment for a term of not less than six months and not more
than two years or to both.
17. Obstruction of officers
Any person who—
(a) wilfully obstructs any authorized officer in the exercise of any of the
powers conferred on him by this Act; or
(b) fails to comply with any lawful enquiry or requirement made by any
authorized officer under section 18,
shall be guilty of an offence and liable to a fine not exceeding twenty thousand
shillings or to imprisonment for a term not exceeding one year or to both.
18. Powers of officers
(1) For the purpose of enforcing this Act and any regulations made thereunder,
any authorized officer may, without a warrant—
(a) stop and board any fishing vessel in Kenya fishery waters, and any
local vessel outside such waters, and he may inspect such vessel, its
cargo, supplies, fishing gear and equipment;
(b) stop and inspect any vehicle or vessel transporting fish;
(c) require to be produced, examine and take copies of any licence,
log or other document required under this Act or regulations made
thereunder;
(d) require to be produced and examine any fish, net or any other fishing
gear; or
(e) impound any fish to be taken as samples and issue a receipt in the
prescribed form.
(2) An authorized officer may, if he believes that an offence has been committed
under this Act or regulations made thereunder, without a warrant—
(a) enter any premises which he has reason to believe have been used
in the commission of the offence, or in respect of which the offence
has been committed;
(b) arrest any person whom he has reason to believe has committed the
offence; or
(c) seize any fish, fishing gear, vessel, vehicle or other article which he
has reason to believe has been used in the commission of the offence,
or in respect of which the offence has been committed.
(3) Any person arrested under this section shall be brought before a court as
soon as reasonably practicable.
(4) A fisheries officer who seizes anything under this section shall, at the time of
the seizure, issue to the person in whose custody or possession it then is a written
receipt for the thing seized.
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(5) Anything seized under this section where practicable, be brought before
a court, and except where otherwise provided by this Act, shall be dealt with
according to the Criminal Procedure Code (Cap. 75).
(6) Where any fish or other article seized under this section is of a perishable
nature, an authorized officer may dispose of it by sale or otherwise and any
proceeds shall be held in place of the article disposed of.
(7) Any local fishing vessel or vehicle or fishing gear seized under this section
may upon application to the court and subject to the deposit in court of adequate
bond or other security for the reasonable value thereof, be released to the person
entitled thereto.
19. Forfeiture
A court which convicts any person of an offence under this Act may, in addition
to any penalty otherwise imposed—
(a) order anything other than immovable assets used in connection with
the offence, including any vessel so used together with its fishing gear,
stores and cargo, as well as anything in respect of which the offence
has been committed to be forfeited; or
(b) order all fish found on board any vessel or vehicle used in connection
with the offence to be forfeited, except that any fish that are proved
not to have been caught in the commission of an offence shall not be
forfeited.
20. Compounding of offences
(1) The Director may, with the approval of the Minister, if he is satisfied that
a person has committed an offence under this Act and if the person admits the
commission of the offence and agrees in writing to its being dealt with under this
section—
(a) compound the offence by accepting a sum of money not exceeding
the maximum fine specified for the offence; and
(b) order the release of any vessel or any other thing seized in connection
with the offence on payment of a sum of money not exceeding the
value of the vessel or other thing.
(2) Any sum of money received under this section shall be dealt with as if it
were a fine imposed by the court.
(3) If proceedings are brought against any person for an offence under this
Act, it shall be a good defence if the person proves that he has compounded the
offence under this section.
PART VI – GENERAL PROVISIONS
21. Power to act as public prosecutor
Any authorised officer may, subject to the direction of the Attorney-General,
conduct any prosecution for any offence under this Act or the regulations made
thereunder and shall for that purpose have all the powers conferred upon a public
prosecutor by the Criminal Procedure Code (Cap. 75).
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22. Marine mammals
(1) No person or vessel in Kenya fishery waters shall, without the prior written
authority of the Minister, fish for marine mammals or use a port in Kenya for the
purpose of equipping or supplying a vessel intended to be used for fishing for
marine mammals.
(2) Where any vessel is used in contravention of subsection (1), the master and
owner thereof shall each be guilty of an offence and liable to a fine not exceeding
one hundred thousand shillings or to imprisonment for a term not exceeding one
year or to both.
23. Minister’s power to make regulations
(1) The Minister may make regulations for the better carrying into effect of the
provisions of this Act.
(2) Without prejudice to the generality of subsection (1), the Minister may make
regulations for any or all of the following purposes—
(a) presenting the conditions to be fulfilled by foreign participation in
fisheries, including conditions of licensing foreign fishing vessels;
(b) establishing the conditions of issue of, and procedures of application
for, any licence or other authority under this Act or regulations
thereunder, the form and the fees payable therefor;
(c) prescribing the conditions of issue of, and procedures of application
for, any licence or other authority under this Act or regulations
thereunder, the form and the fees payable therefor;
(d) regulating the handling, storage and processing of fish by prescribed
methods of handling, storage and processing of fish;
(e) providing for inspection of fish trading and processing establishments
and fish products in accordance with established standards;
(f) management and control of fishing ports and waters;
(g) for licensing of any person to engage in any form of fishing, or of
handling, transporting, processing or selling of fish products;
(h) organizing and regulating the marketing and distribution of fish;
(i) providing for the registration of private marks to be used to distinguish
the ownership of fishing gear;
(j) prohibiting or control the importation, exportation and introduction into
Kenya of live fish of any kind or species;
(k) promoting and regulate or control the cultivation of live fish of any kind
or species;
(l) exempting any type of fishing gear or vessel or any person from any
provision of this Act.
(3) Regulations made under this section may provide that the contravention
of any provision shall constitute an offence and may prescribe penalties for any
offence of a fine not exceeding five hundred thousand shillings or imprisonment for
a term not exceeding two years or to both.
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24. Schemes of loans to fishermen
(1) For the purpose of promoting modern fishing methods, the Minister may
prepare a scheme, with approval of the Treasury, providing for financial assistance
by way of loans to fishermen and fish farmers in respect of expenditure incurred
in the acquisition of fishing vessels or their gear, fishing nets and other equipment,
development of fish farms or purchase of inputs, and may provide financial
assistance in accordance with the scheme upon the conditions contained in the
scheme.
(2) An approved scheme shall be published in such manner as the Minister
thinks fit, and may be varied or revoked by him at any time.
(3) For the purpose of administering an approved scheme, the Minister may
appoint one or more loans committees, and confer upon them such functions as
he thinks necessary or expedient for that purpose.
(4) The Minister may give to a loans committee directions of a general or
special character as to the exercise and performance of its functions (including its
procedure), and the loans committee shall give effect to any such directions.
(5) Where the Minister has, with the approval of the Treasury, prepared a
scheme of the kind described in subsection (1) which is in force immediately before
the commencement of this Act and has appointed a committee to administer it, that
scheme shall upon such commencement, be deemed to be an approved scheme,
and the committee shall be deemed to be a loans committee.
(6) The Minister may, with the consent of the Treasury—
(a) make to a loans committee such grants as may be necessary to
enable it to discharge its functions under this Act;
(b) pay to the members of a loans committee (other than a member who is
a public officer in receipt of a salary) such remuneration and travelling
and other allowances as he may, with the approval of the Treasury,
determine;
(c) make such other payment as may be necessary to give effect to the
provisions of this section.
25. Repeal of Cap. 378, Cap. 379, Cap. 380 and revocation of Groups 20 and
21 of United Kingdom Orders-in-Council applied to Kenya
The Fish Industry Act, the Government Fisheries Protection Act and the Trout
Act are repealed, and the Seal Fisheries (Crown Colonies and Protectorates)
Orders in Council, 1913 and Whaling Industry (Regulation) Act (Newfoundland,
Colonies, Protectorates and Mandated Territories) Order, 1936 and the Whaling
Industry (Regulation) Act (Newfoundland, Colonies, Protectorates and Mandated
Territories) Order, 1941 are revoked in so far as they apply to Kenya.
26. Replacement of section 278B of Cap 63
Section 278B of the Penal Code is repealed and replaced by the following new
section—
278B. Stealing fishing gear
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If the thing stolen is fishing gear within the meaning of the Fisheries Act,
1988, the offender is liable to imprisonment for five years together with corporal
punishment.
Annex 1
Annex 2
Republic of Kenya, Coast Development Authority Act (18 Jan. 1990), reprinted in Laws of
Kenya, Chapter 449 (rev. ed. 2012)
Annex 2
LAWS OF KENYA
COAST DEVELOPMENT AUTHORITY ACT
CHAPTER 449
Revised Edition 2012 [1992]
Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
Annex 2
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CHAPTER 449
COAST DEVELOPMENT AUTHORITY ACT
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II – ESTABLISHMENT AND POWERS OF THE AUTHORITY
3. Establishment of the Authority.
4. Membership of the Authority.
5. Meetings and procedure of the Authority.
6. Seal and execution of documents.
7. Committees.
8. Functions of the Authority.
PART III – ADMINISTRATION
9. Appointment and remuneration of staff.
10. Managing director.
PART IV – FINANCIAL RESOURCES AND CONTROL
11. Funds of the Authority.
12. Accounts and audit.
13. Annual report.
PART V – MISCELLANEOUS PROVISIONS
14. Protection of members and staff.
15. Exemption from stamp duty.
16. Acquisition of land for the purposes of the Authority.
17. Regulations.
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CHAPTER 449
COAST DEVELOPMENT AUTHORITY ACT
[Date of assent: 14th January, 1991.]
[Date of commencement: 18th January, 1990.]
An Act of Parliament to provide for the establishment of an Authority to plan
and co-ordinate the implementation of development projects in whole of
the Coast Province and the exclusive economic zone and for connected
purposes
[Act No. 20 of 1990.]
PART I – PRELIMINARY
1. Short title
This Act may be cited as the Coast Development Authority Act, 1990.
2. Interpretation
In this Act, unless the context otherwise requires—
“Area” means the whole of the Coast Province;
“Authority” means the Coast Development Authority;
“chairman” means the person appointed as chairman of the Authority under
paragraph (a) of subsection (1) of section 4;
“development area” means that part of the Coast Province within Lamu,
Mombasa, Kilifi, Tana River, Kwale and Taita Taveta districts including the
southern half of Garissa District and the exclusive economic zone;
“exclusive economic zone” means the exclusive economic zone of Kenya
established and delimited by section 4 of the Maritime Zones Act 1989 (No. 6
of 1989);
“managing director” means the managing director appointed under
section 10;
“non-official members” means the chairman and the members of the
Authority appointed under paragraph (h) of section 4.
PART II – ESTABLISHMENT AND POWERS OF THE AUTHORITY
3. Establishment of the Authority
There is hereby established an Authority which shall be a body corporate by the
name of Coast Development Authority, with perpetual succession and a common
seal, and which shall be capable in its corporate name of—
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding, charging and
disposing of movable and immovable property;
(c) borrowing and lending money;
(d) entering into contracts.
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(e) doing or performing all such other things or acts necessary for the
proper performance of its functions under this Act which may lawfully
be done or performed by a body corporate.
4. Membership of the Authority
(1) The Authority shall consist of the following members—
(a) a chairman appointed by the President;
(b) the Permanent Secretary to the Ministry for the time being responsible
for regional development or an officer of that Ministry designated by
the Permanent Secretary in writing;
(c) the Permanent Secretary to the Ministry for the time being responsible
for finance or an officer of that Ministry designated by The Permanent
Secretary in writing;
(d) the Permanent Secretary to the Ministry for the time being responsible
for agriculture or an officer of that Ministry designated by the
Permanent Secretary in writing;
(e) the Permanent Secretary to the Ministry for the time being responsible
for health or an officer of that Ministry designated by the Permanent
Secretary in writing;
(f) the Permanent Secretary to the Ministry for the time being responsible
for water development or an officer of that Ministry designated by the
Permanent Secretary in writing;
(g) the Permanent Secretary to the Ministry for the time being responsible
for tourism or an officer of that Ministry designated by the Permanent
Secretary in writing;
(h) the Provincial Commissioner for the Coast Province;
(i) eight other members appointed by the Minister, in consultation with
the President, all of whom shall be appointed from the area affected
by the operations of the Authority; and
(j) The managing director appointed under section 10.
(2) Subject to this section, the non-official members shall hold office for a period
of three years from the dates of their respective appointments.
(3) A retiring member shall be eligible for re-appointment.
(4) If the Minister is satisfied that any of the non-official members—
(a) has been guilty of improper conduct considered to be inconsistent with
his membership of the Authority; or
(b) is incapacitated by prolonged physical or mental illness from
performing his duties as a member of the Authority; or
(c) is unable or unfit, for any other reason, to discharge the duties of his
office,
and that it would be in the interest of the Authority so to do he may terminate
the appointment of that member or in the case of the chairman recommend to the
President that the appointment be terminated.
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(5) The office of a non-official member shall become vacant—
(a) upon the expiry of his term of appointment; or
(b) upon the termination of his appointment under sub-section (4); or
(c) upon the expiry of one month, or such shorter period as may be
mutually agreed, after the date upon which the Minister receives a
written notice signed by the member of his intention to resign; or
(d) if he is absent without the permission of the Authority from three
consecutive meetings of the Authority of which he had reasonable
notice.
(6) The non-official members shall be paid by the Authority such remuneration
and allowances as the Minister may from time to time determine in consultation
with the State Corporation Advisory Committee.
5. Meetings and procedure of the Authority
(1) The Authority shall be convened by the chairman at least four times in
every year.
(2) The Authority shall elect a vice-chairman from among its members.
(3) The chairman or in his absence the vice-chairman, may at any time convene
a special meeting of the Authority, and shall do so within fourteen days of receipt
by him of a written requisition signed by at least three members.
(4) The quorum necessary for the transaction of any business at a meeting of
the Authority shall be two-thirds of the members inclusive of the person presiding,
and all acts, matters or things authorized or required to be done by the Authority
shall be effected by a resolution passed by a majority of the members present and
voting at a meeting at which a quorum is present.
(5) The chairman, or in his absence the vice-chairman, shall preside at all
meetings of the Authority, except that in the case of the absence of both the
chairman and the vice-chairman the members present shall elect one of their
number to preside at that particular meeting.
(6) At every meeting of the Authority the member presiding shall have a casting
as well as a deliberative vote.
(7) Subject to subsection (4), no act, decision or proceedings of the Authority
shall be questioned on account of any vacancy in the membership thereof or on
account of any defect in the appointment of any of its members.
(8) Subject to this Act, and to any general of specific directions of the Minister,
the Authority shall regulate its own procedure.
6. Seal and execution of documents
(1) The common seal of the Authority shall be authenticated by the signature
of the managing director and such other person as may be generally or specifically
authorized by the Authority.
(2) All documents, other than those required by law to be under seal, made by,
and all decisions of, the Authority may be signed under the hand of the managing
director.
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7. Committees
The Authority may from time to time appoint such committees, whether of its
own members or otherwise, as it may think necessary but no decision of any
committee shall be effective unless it has been confirmed by the Authority.
8. Functions of the Authority
The functions of the Authority shall be—
(a) to plan for the development of the Area and initiate project activities
identified from such planning in the development and through the
Government generally;
(b) to develop an up-to-date long range development plan for the Area;
(c) to initiate such studies, and carry out such surveys of the Area as may
be considered necessary by the Government or the Authority, and to
assess alternative demands within the Area on the natural resources
thereof, and initiate, operate, or implement such projects as may
be necessary to exploit those natural resources including agriculture
(both irrigated and rainfed), forestry, wildlife and tourism industries,
electric power generation, mining, and fishing, and to recommend
economic priorities;
(d) to co-ordinate the various studies of schemes within the Area such
that human, water, animal, land and other resources are utilized to the
best advantage and to monitor the design and execution of planned
projects within the Area;
(e) to effect a programme of both monitoring and evaluating the
performance of projects within the Area so as to improve such
performance and establish responsibility thereof, and to improve
future planning;
(f) to co-ordinate the present abstraction and use of natural resources,
especially water, within the Area and to set up effective monitoring of
abstraction and usage;
(g) to cause and effect the construction of any works deemed necessary
for the protection and utilization, of the water and soils of the Area
including hydro-power development for multipurpose utilization of
water resources;
(h) to ensure that landowners in the Area undertake all the measures
specified by the Authority to protect the water and soils of the Area;
(i) to identify, collect, collate and correlate all such data related to the use
of water and other resources and also economic and related activities
within the Area as may be necessary for the efficient forward planning
of the Area;
(j) to maintain a liaison between the Government, the private sector and
other interested agencies in the matter of the development of the Area
with a view to limiting the duplication of effort and ensuring the best
use of the available technical resources;
(k) to examine the hydrological effects and the subsequent ecological
changes on the development programmes and evaluate how they
affect the economic activities of the persons dependent on river
environment;
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(l) to implement development projects and programmes whose primary
objective is to promote socio-economic development of the Coast
Province in particular and Kenya in general;
(m) to plan and liaise with the relevant authorities as necessary in the
exploration and development of the extensive fishing and marine
activities an Kenya especially an the exclusive economic zone.
PART III – ADMINISTRATION
9. Appointment and remuneration of staff
(1) The Authority may appoint, upon such terms and conditions as it thinks
proper, such officers and servants as it considers necessary or desirable for the
effective conduct and operation of the Authority.
(2) Every member of staff shall, subject to this Act, exercise such powers and
functions and perform the duties assigned to him from time to time by the managing
director.
(3) The member of staff appointed under subsection (1) shall be paid out of
the funds of the Authority such salaries as the managing director, with the approval
of the Authority may from time to time determine and such travelling and other
expenses as they may incur in the performance of their duties.
10. Managing director
(1) There shall be an officer of the Authority, to be known as the managing
director, who shall be appointed by the Minister and who shall be responsible for
the execution of the policy of the Authority and for the control and management of
its day to day business.
(2) The Authority shall delegate to the managing director such of its functions
under this Act as are necessary for the effective transaction of the day to day
business of the Authority, and, in particular the Authority shall delegate to the
managing director the power, subject to any instructions of a general nature as may
be given by the Authority—
(a) to control and supervise the acts of all officers and servants of the
Authority in the matters of executive administration and in all matters
concerning the accounts and records of the Authority; and
(b) to dispose of all questions relating to the service of the officers and
servants of the Authority and their pay and privileges.
PART IV – FINANCIAL RESOURCES AND CONTROL
11. Funds of the Authority
(1) The funds of the Authority shall consist of—
(a) such moneys as may from time to time be provided by Parliament;
(b) moneys borrowed by the Authority on such terms and for such
purposes as the Minister, in consultation with the Minister for the time
being responsible for finance, may approve;
(c) any moneys accruing to the Authority from any other source.
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(2) Subject to the written approval of the Minister and the Treasury, funds of
the Authority shall be invested in such a manner as the Authority may deem proper.
12. Accounts and audit
(1) The Authority shall cause to be kept all proper books and records of account
of the income, expenditure, asserts and liabilities of the Authority and shall prepare
such other accounts as the Minister may require and, in addition, shall prepare
yearly balance sheets made up to the end of each financial year.
(2) At the end of each financial year the accounts of the Authority shall be
audited by the Auditor-General (Corporations) in accordance with section 30A of
the Exchequer and Audit Act (Cap. 412).
(3) The Authority shall produce and lay before the Auditor-General
(Corporations) all records and accounts of the Authority with all vouchers in support
thereof, and all books, papers and writings in its possession or control relating
thereto and the Auditor-General (Corporations) shall be entitled to require from all
members, officers and servants of the Authority such information and explanations
as may be necessary for the proper performance of his duties.
(4) At the completion of the audit under this section, the Auditor-General
(Corporations) shall make a report thereon to the Authority and shall at the same
time send a copy of the report to the Minister.
13. Annual reports
(1) The Authority shall within a period of six months after the end of each
financial year or within such longer period as the Minister may approve, submit to
the Minister a report of its operations and activities during that year, together with
the yearly balance sheet and such other statements of accounts as the Minister
shall require, and the Authority shall publish the annual report and the yearly
balance sheet in such manner as the Minister may specify.
(2) The Minister shall lay both the Authority's report and the report of the
Auditor-General (Corporations), together with the yearly balance sheet and such
other statements of account as the Minister may deem appropriate, before the
National Assembly as soon as reasonably practicable.
PART V – MISCELLANEOUS PROVISIONS
14. Protection of members and staff
No act or thing done by any member of the Authority or by any officer or servant
of the Authority shall, if the Act or thing was done bona fide for the purpose of
carrying this Act into effect, subject him personally to any liability, action, claim or
demand whatsoever.
15. Exemption from Stamp Duty
No duty shall be chargeable under the Stamp Duty Act, (Cap. 480) in respect
of any instrument executed by or on behalf of or in favour of the Authority in cases
where, but for this section, the Authority would be liable to pay such duty.
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16. Acquisition of land for the purposes of the Authority
(1) Where land is required by the Authority for purposes of the Authority it may
either—
(a) if the land is not public land, acquire the land through negotiation
and agreement with the registered owner thereof, provided that
notwithstanding the provisions of section 6 of the Land Control Act
(Cap. 302) the ensuing transaction shall not require the consent of the
land control board if the land to be acquired is agricultural land; or
(b) if the land is public land, or if the Authority is unable to acquire the land
through negotiation and agreement in accordance with paragraph (a)
notify the Minister responsible for public lands and the land specified
in the notice is required for the purpose of the Authority.
(2) Where notice has been given under subsection (1)(b) the Minister
responsible for matters relating the land may, in his discretion and upon such terms
and conditions as he may think fit, place such land at the disposal of the Authority
to be used for the purposes of the Authority.
17. Regulations
The Minister may make regulations generally for the better carrying out the
provisions of this Act.
Annex 3
Republic of Kenya, Environmental Management and Co-ordination Act (14 Jan. 2000), reprinted
in Laws of Kenya, Chapter 387 (rev. ed. 2012)
Annex 3
LAWS OF KENYA
ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
CHAPTER 387
Revised Edition 2012 [1999]
Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
Annex 3
[Rev. 2012]
Environmental Management and Co-ordination
CAP. 387
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CHAPTER 387
ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
[Date of assent: 6th January, 2000.]
[Date of commencement: 14th January, 2000.]
An Act of Parliament to provide for the establishment of an appropriate legal
and institutional framework for the management of the environment and
for matters connected therewith and incidental thereto
[Act No. 8 of 1999, Act No. 6 of 2006, Act No. 17 of 2006, Act No. 5 of 2007, Act No. 6 of 2009.]
WHEREAS it is desirable that a framework environmental legislation
be promulgated so as to establish an appropriate legal and institutional
framework for the management of the environment;
AND WHEREAS it is recognised that improved legal and administrative coordination
of the diverse sectoral initiatives is necessary in order to improve
the national capacity for the management of the environment;
AND WHEREAS the environment constitutes the foundation of national
economic, social, cultural and spiritual advancement;
NOW THEREFORE BE IT ENACTED by the Parliament of Kenya, as follows
—
PART I – PRELIMINARY
1. Short title
This Act may be cited as the Environmental Management and Co-ordination
Act, 1999.
2. Interpretation
In this Act, unless the context otherwise requires—
“air quality” means the concentration prescribed under or pursuant to this
Act of a pollutant in the atmosphere at the point of measurement;
“ambient air” means the atmosphere surrounding the earth but does not
include the atmosphere within a structure or within any underground space;
“analysis” means the testing or examination of any matter, substance or
process for the purpose of determining its composition or qualities or its effect
(whether physical, chemical or biological) on any segment of the environment
or examination of emissions or recording of noise or sub-sonic vibrations to
determine the level or other characteristics of the noise or sub-sonic vibration
or its effect on any segments of the environment;
“Analyst” means an analyst appointed or designated under section 119;
“annual report on the state of the environment” means the report
prepared and issued under section 9;
“Authority” means the National Environment Management Authority
established under section 7;
Annex 3
CAP. 387
Environmental Management and Co-ordination
[Rev. 2012]
[Issue 1] E12 - 10
“beneficial use” means a use of the environment or any element or
segment of the environment that is conducive to public health, welfare or safety
and which requires protection from the effects of wastes, discharges, emissions
and deposits;
“benefited environment” means that environment which has benefited
through the imposition of one or more obligations on the burdened land;
“biological diversity” means the variability among living organisms from
all sources including, terrestrial ecosystems, aquatic ecosystems and the
ecological complexes of which they are part; this includes diversity within
species, among species and of ecosystems;
“biological resources” include genetic resources organisms or parts
thereof, populations, or any other biotic component or ecosystems with actual
or potential use or value for humanity;
“burdened land” means any land upon which an environmental easement
has been imposed;
“chemical” means a chemical substance in any form whether by itself or
in a mixture or preparation, whether manufactured or derived from nature and
for the purposes of this Act includes industrial chemicals, pesticides, fertilizers
and drugs;
“coastal zone” means any area declared to be a protected coastal zone
under section 55;
“Continental Shelf” means the exclusive economic zone established under
section 4 of the Maritime Zones Act (Cap. 171);
“controlled area” means any area designated as such by the Minister
under this Act;
“Deposit Bond” means a deposit bond paid under section 28;
“developer” means a person who is developing a project which is subject
to an environmental impact assessment process under this Act;
“Director” means a Director appointed under section 10;
“Director-General” means the Director-General of the Authority appointed
under section 10;
“District Environment Action Plan” means the District Environment Action
Plan prepared under section 40;
“District Environment Committee” means the District Environment
Committee appointed under section 29;
“ecosystem” means a dynamic complex of plant, animal, micro-organism
communities and their non-living environment interacting as a functional unit;
“effluent” means gaseous waste, water or liquid or other fluid of domestic,
agricultural, trade or industrial origin treated or untreated and discharged
directly or indirectly into the aquatic environment;
Annex 3
[Rev. 2012]
Environmental Management and Co-ordination
CAP. 387
E12 - 11 [Issue 1]
“element” in relation to the environment mean any of the principal
constituent parts of the environment including water, atmosphere, soil,
vegetation, climate, sound, odour, aesthetics, fish and wildlife;
“environment” includes the physical factors of the surroundings of human
beings including land, water, atmosphere, climate, sound, odour, taste, the
biological factors of animals and plants and the social factor of aesthetics and
includes both the natural and the built environment;
“environmental audit” means the systematic, documented, periodic and
objective evaluation of how well environmental organisation, management and
equipment are performing in conserving or preserving the environment;
“environmental easement” means an easement imposed under
section 112;
“environmental education” includes the process of recognising values
and clarifying concepts in order to develop skills and attitudes necessary to
understand and appreciate the inter-relatedness among man, his culture and
his biophysical surroundings;
“environmental impact assessment” means a systematic examination
conducted to determine whether or not a programme, activity or project will have
any adverse impacts on the environment;
“Environmental Inspector” means any environmental inspector appointed
or designated under section 117;
“environmental management” includes the protection, conservation and
sustainable use of the various elements or components of the environment;
“environmental monitoring” means the continuous or periodic
determination of actual and potential effects of any activity or phenomenon on
the environment whether short-term or long term;
“environmental planning” means both long-term and short-term planning
that takes into account environmental exigencies;
“environmental resources” includes the resources of the air, land, flora,
fauna and water together with their aesthetical qualities;
“environmental restoration order” means an order issued under section
108;
“environmentally friendly” includes any phenomenon or activity that does
not cause harm or degradation to the environment;
“ex-situ conservation” means conservation outside the natural ecosystem
and habitat of the biological organism;
“exclusive economic zone” means the exclusive economic zone
established and delimited under section 4 of the Maritime Zones Act (Cap. 371);
“financial year” means the period of twelve months ending on the thirtieth
June in every year;
“General Fund” means the General Fund established under section 20;
“genetic resources” means genetic material of actual or potential value;
Annex 3
[Rev. 2012]
Environmental Management and Co-ordination
CAP. 387
E12 - 15 [Issue 1]
“soil” includes earth, sand, rock, shales, minerals, vegetation, and the flora
and fauna in the soil and derivatives thereof such as dust;
“standard” means the limits of discharge or emissions established under
this Act or under regulations made pursuant to this Act or any other written law;
“sustainable development” means development that meets the needs of
the present generation without compromising the ability of future generations
to meet their needs by maintaining the carrying capacity of the supporting
ecosystems;
“sustainable use” means present use of the environment or natural
resources which does not compromise the ability to use the same by future
generations or degrade the carrying capacity of supporting ecosystems;
“territorial waters” means territorial waters provided for under section 3 of
the Maritime Zones Act (Cap. 371);
“trade” means any trade, business or undertaking whether originally carried
on at fixed premises or at varying places which may result in the discharge
of substances and energy and includes any activity prescribed to be a trade,
business or undertaking for the purposes of this Act;
“Tribunal” means the National Environment Tribunal established under
section 125;
“Trust Fund” means the National Environment Trust Fund established
under section 24;
“waste” includes any matter prescribed to be waste and any matter whether
liquid, solid, gaseous or radioactive, which is discharged, emitted or deposited
in the environment in such volume, composition or manner likely to cause an
alteration of the environment;
“water” includes drinking water, river, stream, water-course, reservoir, well,
dam, canal, channel, lake swamp, open drain, or underground water;
“wetland” means areas permanently or seasonally flooded by water where
plants and animals have become adapted.
PART II – GENERAL PRINCIPLES
3. Entitlement to a clean and healthy environment
(1) Every person in Kenya is entitled to a clean and healthy environment and
has the duty to safeguard and enhance the environment.
(2) The entitlement to a clean and healthy environment under subsection (1)
includes the access by any person in Kenya to the various public elements or
segments of the environment for recreational, educational, health, spiritual and
cultural purposes.
(3) If a person alleges that the entitlement conferred under subsection (1) has
been, is being or is likely to be contravened in relation to him, then without prejudice
to any other action with respect to the same matter which is lawfully
Annex 4
Republic of Kenya, Energy Act (2006)
The Energy Act, 2006
1
THE ENERGY ACT, 2006
ARRANGEMENT OF SECTIONS
Section
PART I PRELIMINARY
1—Short title and commencement.
2—Interpretation.
3— Application.
PART II ENERGY REGULATORY COMMISSION
4— Establishment of the Commission.
5— Objects and functions of the Commission.
6—Powers of the Commission.
7—Protection from personal liability.
8—Liability of Commission for damages.
9—The common seal of the Commission.
10—Commissioners.
11—Termination of appointment of Commissioners.
12—Appointment of the Director General.
13—Appointment of a Commission Secretary.
14 Headquarters.
15—Appointment of directors, inspectors and other employees.
16—Remuneration of Commissioners.
17—Delegation by the Commission.
18—Conduct of business and affairs of the Commission.
19—Funds of the Commission.
20 Financial Year.
21 Annual estimates.
22—Books of accounts, records, audit and reports.
23—Appointment of committees or agents.
24—Powers of committees or agents.
25—Decisions of the Commission.
26—Appeal against a decision of the Commission.
Annex 4
The Energy Act, 2006
6
AN ACT of Parliament to amend and consolidate the law
relating to energy, to provide for the establishment,
powers and functions of the Energy Regulatory
Commission and the Rural Electrification
Authority, and for connected purposes
ENACTED by the Parliament of Kenya, as follows–
PART I ? PRELIMINARY
Short title and
commencement. 1. This Act may be cited as the Energy Act, and shall
come into operation on such date as the Minister may, by
notice in the Gazette, appoint.
Interpretation. 2. In this Act, unless the context otherwise requires–
"adulterated petroleum" means any mixture of refined
petroleum products that alters product specifications detailed
in the Kenya Standards;
“agent” means a person appointed in writing by the
Commission to perform any of its functions;
“apparatus” means mechanical or electrical apparatus,
and includes all vehicles, aircraft and vessels;
“area of supply” means the area within which the
licensee is for the time being authorised to supply electrical
energy;
“ancillary services” means services that are essential to
the management of power system security, facilitate orderly
trading in electricity and ensure that electricity supplies are of
acceptable quality and, without limitation, may include
Annex 4
The Energy Act, 2006
10
“electrical energy” means energy involving the use of
electric current which may be produced either by mechanical,
chemical, photovoltaic or any other means;
“electrical installation licence”, means a licence
authorizing a person to carry out electrical installation work
either individually or as a body corporate or incorporate for
voluntary, business, training, or teaching purposes in the
electrical installation works either for gain or reward or for no
charge at all;
“electrical installation work” means the installation,
alteration, or repair, wholly or partially, of any conductor or
apparatus or system of wiring in or upon premises of an
electricity consumer connected or intended to be connected to
a supply of electricity where the voltage in any part exceeds
110 volts;
“energy” means any source of electrical, mechanical,
hydraulic, pneumatic, chemical, nuclear, or thermal power for
any use; and includes electricity, petroleum and other fossil
fuels, geothermal steam, biomass and all its derivatives,
municipal waste, solar, wind and tidal wave power;
“energy conservation” means the efficient, economic and
cost effective production and use of energy;
Cap. 371. "exclusive economic zone" has the meaning assigned to it
in section 2 of the Maritime Zones Act;
Cap 514. “factory” has the meaning assigned to it under the
Factories Act.
“factory owner” includes a person responsible for the
management of the factory.
“fossil fuels” means combustible or explosive
Annex 4
The Energy Act, 2006
13
specifications do not conform to the relevant Kenya standards;
"oil spill" means spillage of petroleum of at least five
hundred litres;
No. 3 of 2005.
“open tendering system” means a system of competitive
bidding as provided for in Part V of the Public Procurement
and Disposal Act, 2005;
“outer continental shelf” means the outer continental
shelf as defined in Article 76 Paragraph 1 of the United
Nations Convention on the Law of the Sea or all submerged
lands seaward and outside the area of lands beneath navigable
waters;
“permit” means an authorisation granted to a person to
enable the carrying out of any activity in the energy business,
where a licence is considered onerous;
“person” means any public or local authority, company,
person or body of persons;
"petroleum" includes petroleum crude natural gas and any
liquid or gas made from petroleum crude, natural gas, coal,
schist, shale, peat or any other bituminous substance or from
any product of petroleum crude, natural gas and includes
condensate;
“petroleum business” means a concern carrying on the
importation, refining, storage, transportation or sale of
petroleum;
"pipeline" means a pipe or system of pipes that is used or
to be used for the transportation of petroleum and any
apparatus and works associated therewith, including –
(a) apparatus for inducing or facilitating the flow of
Annex 4
Annex 5
Republic of Kenya, Mining Act, Act No. 12 of 2016 (27 May 2016)
LAWS OF KENYA
MINING ACT
NO. 12 OF 2016
Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
Annex 5
Mining
No. 12 of 2016
M19A - 9 [Issue 3]
NO. 12 OF 2016
MINING ACT
[Date of assent: 6th May, 2016.]
[Date of commencement: 27th May, 2016.]
AN ACT of Parliament to give effect to Articles 60, 62 (1)(f), 66 (2), 69 and
71 of the Constitution in so far as they apply to minerals; provide for
prospecting, mining, processing, refining, treatment, transport and any
dealings in minerals and for related purposes
[Act No. 12 of 2016.]
PART I — PRELIMINARY PROVISIONS
1. Short title
This Act may be cited as the Mining Act, 2016.
2. Scope of the Act
(1) This Act shall apply to the minerals specified in the First Schedule.
(2) The Cabinet Secretary may from time to time, by notice in the Gazette,
amend the First Schedule to this Act.
3. Act not to apply to petroleum and hydrocarbon gases
Save to the extent provided for in this Act, this Act shall not apply to matters
relating to petroleum and hydrocarbon gases.
4. Interpretation
In this Act, unless the context otherwise requires—
“application” includes—
(a) an application for the grant, renewal, transfer, assignment or
surrender of a mineral right; or
(b) an application for the grant or renewal of a mineral dealer's licence
or a diamond dealer's licence;
"arm's-length value” means the purchase price under an immediate sale
transaction in an open market where the purchase price for the sale—
(a) is not influenced by any special relationship or other arrangement
between the parties to the transaction, other than the immediate
sale itself; and
(b) is not affected by any non-commercial or other considerations; and
specifically excludes any barter, swap, exchange, or transfer price
arrangements or any restricted transaction that is associated with
special financial, commercial or other considerations;
"artisanal mining” means traditional and customary mining operations
using traditional or customary ways and means;
"artisanal mining permit” means a permit issued under section 95;
“banker” includes a manager, cashier or any other officer acting in that
capacity of a company engaged in the business of banking within Kenya and in
compliance with the provisions of the Banking Act (Cap. 488);
Annex 5
Mining
No. 12 of 2016
M19A - 11 [Issue 3]
“first-come, first-served” means the policy , of considering and approving
applications based on the order of receiving the applications;
“geologist” means a person who is registered as geologist in accordance
with the Geologists' Registration Act, 1993 (No. 10 of 1993);
“geology” means the scientific and research aspects of the solid earth and
its processes;
“geological report” means a report made by a geologist;
“gross value” means the arm's-length value of minerals or mineral products
at the point of sale within Kenya, without any discounts, commissions or
deductions;
“groundwater” has the meaning assigned to it under the Water Act (No.
8 of 2002);
“holder”, in respect of a mineral right, a licence or permit under this Act,
means—
(a) a person to whom a mineral right is granted; or
(b) the person to whom a mineral right is transferred or assigned;
“inspector of mines” means a public officer who has been appointed in
accordance with section 196;
“land” has the meaning assigned to it in Article 260 of the Constitution;
“large scale operation" means a prospecting or mining operation that is a
large scale operation in accordance with this Act;
“licence area" means the area or areas of land covered by a prospecting
licence, a retention licence or a mining licence under this Act;
“liquidator” has the meaning assigned to it under the Companies Act (No.
17 of 2015);
”maritime zones” has the meaning assigned to it under the Maritime Zones
Act (Cap. 371);
“member” means a member of the Board appointed under section 25;
“mine” —
(a) when used as a noun, includes an excavation or system of
excavations made for the purpose of, or in connection with, the
extraction of minerals or mineral products, and includes an opencast
pit, quarry and any area where a mineral is won by dredging
brine pumping, evaporation or other means; and
(b) when used as a verb, means the carrying out of a mining operation
and includes tailing;
“mines support” means —
(a) contract mining services which include top soil and waste removal,
drilling and blasting, excavating and haulage of ore to plant on
turnkey basis;
(b) assay laboratory services;
(c) drilling and blasting services;
(d) mineral exploration services for a holder of a mineral right;
Annex 5
Annex 6
Republic of Kenya, Ministry of Agriculture, Exploratory Soil Map of Kenya (1980)
Annex 6
Annex 7
Republic of Kenya, Survey of Kenya, National Atlas of Kenya (5th ed., 2003).
Annex 7
National
Atlas
of Kenya
FIFTH EDITION, 2003
PRINTED AND PUBLISHED
BY SURVEY OF KENYA
P.O. 'Box 30046 - 001 oo,
NAIROBI , KENYA
© Copyright , Kenya Government, 2003
Annex 7
CHAPTET8:
ENERGY
Int roduct ion
Kenya is dependent on three ma1or sources of energy wood-fuel,
petroleum and hydro-electricity. The main source of energy, particularly
for household cooking and heating in the rural areas and among the
low-income urban population, is wood-fuel (used in the form of firewood
and charcoal). This accounts for nearly 70 per cent of the total energy
used in the country, but over 90 per cent of the household energy used
in the rural areas. Petroleum fuels account for 26 per cent {but meet 86
per cent of the modern sector's development needs), while electricity
accounts for only 3 per cent. The demand for wood-fuel is expected to
increase from 27 .8 million tonnes of oil equivalent (TOE) in 1988 to 35.3
million TOE in 1993. Only 70 per cent of the energy from wood is being
satisfied from yields while the remaining 30 percent is met through
depletion of the country's natural Woodstock
Petroleum contributes more than 80 per cent of the total commercial
energy used in Kenya. It plays a crucial role in the country's economic
and social development. All of the oil used 1s imported, since Kenya has
no known commercially exploitable deposits, and it is the largest single
drain on the country's foreign exchange earnings. So crucial is it to the
nation that it became imperative for the Government to become directly
involved as an active participant in the oil industry, which has been
previously left to private, mainly multinational, 011 marketing companies
The National Oil Corporation of Kenya (NOCK) was therefore formed to
act as an instrument for implanting government policy in the oil industry
and ii was initially charged with the procurement and supply of crude oil
and products, and also with exploration. The overall petroleum policy
obJecUve is to ensure a secure, adequate and least-cost supply of
petroleum products to the count,y, while reducing the growth in demand
for these products by way of conservation programmes and fiscal
Hydrt>-Pow~. Slum 11nd DleSIII 11,e the m 11/n RH-OUfCH u/led lo Gern,ntte
E* trlclty
Petroleum
KENYA - GEOLOGIC CROSS SECTION NO . 3
w
;::-:::::-.. ~.';".: .. :·e::=!- ....
instruments, without jeopardizing development. To achieve these
objectives will mean ensuring that the country gets an adequate supply
of petroleum products at all times through the importation of sufficient
crude oil from different sources tor processing at the Kenya Petroleum
Refineries as well as the imponation of finished products in case of shortfalls.
National Oil Corporation of Kenya (NOCK)
National Oil Corporation of Kenya is directly involved in the importation
of crude oil and products as well as in retailing; modernizing the oil
refineries with a view to increasing the production of more middle
distillates; using price policy to dampen demand from time to time
whenever necessary; exporting petroleum products to neighbouring
countries as a source of foreign exchange where it does not jeopardize
domestic supply; intensifying exploration for hydro-carbons and improving
the oil pipeline distribution network to cover major regions of the country.
Pipeline Construction and background information
The Mombasa-Nairobi pipeline was funded by the World Bank through
the Government of Kenya and constructed by Zakhem International
between 1974 and 1977. It was commissioned in 1978 and the first batch
was received in Nairobi during the same year. Following the success in
the operations of the Mombasa-Nairobi pipeline, in 1992 the Government
allowed the Company to undertake an expansion programme to extend
the pipeline from Nairobi to Western Kenya towns of Nakuru, Eldoret and
Kisumu. The Ex.port Development Corporation of Canada, Ex.port Import
Bank of Japan, a consortium of French banks led by Banque Francaise
Du commerce Exteriur (BFCE) and the Kenya Pipeline Company savings
funded the extension.
Extensive feasibility studies were undertaken prior to the establishment
of t~e Company to ~etermine the most economical and modern way of
stonng and transporting refined petroleum products from Mombasa to the
hinterland This was deemed necessary and to meet the increasing
customer's demand as a result of steady growth In both agriculture and
industry. It was envisaged that a pipeline system would be the most suitable
mode of transporting petroleum products. Therefore, after completion of
the p~ase one, l~e company was charged with the responsibility of
operatmg and maintaining the pipeline system. Kenya does not have its
-Nt
0 120
~ kr,
own crude oil at present as it imports 1he bulk of it from the Mtddle East
Crude oils are brought to Mombasa by sea 1n tankers ranging 1n capaCIIY
between 30,000 to 80,000 metric tons. At Mombasa the crude oil IS
received and stored
Kenya Pipeline Company's core business 1s transportabon of refined
petroleum products from the port of Mombasa to the hmterland and to
neighboring countries. The Pipeline accounts for about 90% of all oil
movement in the country while other modes of transportation (road aoci
rail) accounts for about 10%.
Pipeline Operations
Apart from transportation of the products, Kenya Pipeline Company SIOf85
prOducts on behalf of its clients (the oil marketers). The Company haS
66i- -------------------
Annex 7
not only impermeable, but also post-mature for 011 generation. Although
the results from these wells appear to negate interest m this region,
potent,al for reservoir development within the Karroo remains elsewhere
in the Mandera Basin. Recently, a group led byTOTAL-CFPwas awarded
32,040 square km Block 1 of the Mandera Basin Area
well drilled in this basin Is 4392m and 11 encountered Cretaceous to
Tertiary sediments of ftuvial-delta1c and lacustnne deposit
Seismic data
Se1sm1c lines and their trend In Anza Basin are as shown in hgure A. In
total, they are 14,362 lme kilometres long. In add11.Jonto th,s, Western
Atlas lnternahonal (WAI) published "Kenya Seismic lnvestIgatIon,
(1987)" m which it dealt broadly on regional Se1sm1c lnvest1gahon and
Seismic Inversion Processing and Stratigraphic Investigation. This
ENERGY
l
Beginning In 1987. TOTAL, Amoco, and Walter International dnlled eight
wells w1thm the North Anza Basin, the North Anza Basin Extension, and
the South Anza Basin. The objectives were late Jurassic through
Paleogene fluv1al and lacustrine sediments deposited w1th1n the nit basin
environment. Analogous nft valley sequences in the Abu Gabra Rift Basin
of Sudan have yielded substantial quantI1Ies of oil from lower Cretaceous
sandstones within the Unity and Heglig fields (250 • • 300 million bbl of oil
estimat ed recoverable reserves). While none of these wells have
encountered commercial reserves, fluorescence and gas shows were
reported w1th1nth e Tertiary and Cretaceous sections of the Amoco Hothan,
Walter Endela , and TOTAL, Ndovu wells. In addition, several independent
biostrat1graphic studies suggest that these wells may not have penetrated
deeply enough to test Neocomian-Lower Albian sediments which
comprise the source, reservoir, and seal within the Sudan rift basin
Therefore untested potential reservoirs persist in the Lower Cretaceous
sect ions of the NorthAnza Basin Extension.The other basins are Tertiary
Rift Basin and Lamu Basin
volume may be purchased form National 011 Corporation of Kenya i! UGAND•
(NOCK) for more details
Aeromagnetlcs
Much of the country has been covered by aeromagnetic surveys There
are four integrated gravity-magnetic profiles in the Nyanza and South
Kerio troughs, as well as one regional profile crossing the entire country
from west to east. I •
Anza Basin
Anza basin has a surface area of 94 220 km' It trends northwest
southeast and extents across much of eastern and northern Kenya
Sediment thicknesses are variable from 2000 8000m. The deepest
In Anza Basin, a total of 64,041 line kilometres have been covered and
many are concentrated to the south and northern parts. From l
aeromagne1Ics a number ol depocentres have been mterpreted In Anza
Basm. They include Bolol sub-basin, Gala sub-basin, Chalbi sub-basin
Yam1cha sub-basin and Kaisut sub-basin
Gravity
Like aeromagnetics, the surveyed gravity m Anza Basin was on a
regional scale from west to east. It covered a total area of 15,096 km2
A number of areas with anomalous gravity low corresponds to Kaisut.
Yamicha, Chalbi, Gala and Bolol sub-basins were identified. In addition
~--- -------~------~ major faults or flexture lines were also inferred.
Mandera Basin
Mandera Basin is a broad basin striding Kenya , in the northeast The
basin covers an area of 51,920 km1 and Is separated from lamu
Embayment by the lagh bogal fault The basin is divided into three
blocks.
Seismic data
2,233 km Imes ol seismic profiles have been shot with the addillonal
gathered after 1990 by Total Petroleum Company. They generally run
NW SE with their largely spaced lie lines running NE-SE see Figure
A Ma1onty of these profiles are concentrated In blocks 2 and 3 in the
south although the most recent surveys boosted the north . It has
revealed a stratigraphy that is divided into megasequences, which are
bounded by maJor erosional surfaces. New interpreted data should
provide good subsurface details that will reveal better prospects in the
northern part of the basin.
Aeromagnetics
Extensive magnetic data have gathered In Mandera basin In total,
4,895 line kilometres have been acquired. This geophysical tool has
revealed a NE-SW trending basin that deepens to the southeast
Gravity
Completed gravity surveys m Mandera Basin totals 3,968 kilometres of
line profiles. The resultant identifiable structural features include El
Wak high, TarbaJ high, Bogal high and Manasa Guda low The Bogal
high cor re sponds to the northwest-southeast trending lagh-Boghal
faultline.
Tertiary Rltt Basin
The East African Rift System forms a narrow (50 - 150 km wide) elongated
system ol normal fau lts that stretches for almost 3300 km. In Kenya the
Tertiary basin comprises of at least nine sub basins of mainly half graben
units of varying sizes. They are Baringo-Bogoria, Lotikipi , Gatome,
Turkana , lodwar South (Leportot). Suguta, South Keno , Nyanza and
Magadi. In all, they cover a total surface area of 38,904 km2.
Seismics
A total of 7,652 hne kilometres of seismic profiles have been shot in the
Tertiary Rift Valley. They generally run east west and north south. They
include additional seismic data that were shot after 1990 by Duke
University over lake Turkana, and BP Shell Company m Lokichar subbasin
and onshore south of lake Turkana in Turkana sub-basin. Seismic
profiles can be found in figure A and figure B maps . Most profiles are
concentrate d in Turkana and Lokicha r Basin s. Few are located in Suguta
and Nyanza troughs, and almos t insignificant in Magadi trough. Volume
Il l of WAI report on Kenya Rift Valley Investigation (which can be
purchased from NOC K) has a few sections on integrated seismic profiles
of data acquired In the Nyanza and South Kerio Troughs. Similarly a
1 :1,000,000 scale index map for all Rift Valley Seismic and GravityMagnetic
Profiles can also be acquired.
-------------------------- --,59c---------- -----------------
Annex 8
Republic of Kenya, National Environment Management Authority, State of the Coast Report:
Towards Integrated Management of Coastal and Marine Resources in Kenya (2009)
Towards Integrated Management
of Coastal and Marine Resources in Kenya
Annex 8
© 2009 National Environment Management Authority
Published in 2009 by the National Environment Management Authority (NEMA), Kenya
permission from the copyright holder, provided that acknowledgement of the source is made. NEMA would appreciate
a copy of any publication that uses this material, or part thereof, as a source. No use of this publication may be made for
resale or for any other commercial purposes whatsoever, without prior permission in writing from NEMA.
Disclaimer: The designations employed and the presentation of the materials in this document are those of the authors
The designations employed and the presentation of the materials in this document do not imply the expressions of any
or concerning the delimitation of their frontiers or boundaries. The document contains the views expressed by the
no responsibility whatsoever for any consequences of their use.
For bibliographic purpose, this document should be cited as follows:
in Kenya. National Environment Management Authority (NEMA), Nairobi. 88 pp.
Participating institutions
Lead institution: National Environment Management Authority
Main Sponsor:
Co-sponsors
National Environment Management Authority (NEMA)
Institutions and sources of information
•
Manuscript/Production Editor:
Design and layout:
Cover photo
For further information please contact
National Environment Management Authority
Annex 8
60
State of the Coast Report
Another relevant legislation for mangroves is the Wildlife (Conservation and Management) Act
(Cap 376), in as much as the protection of wildlife is tied to that of their natural habitats and
7.1.4.4 Fisheries
The Fisheries Act vests authority in the Director of Fisheries and accords a minimal role to
resource management. However, some informal arrangements carried over from past traditional
practices, although weakened over time, still persist and are promoted by the Fisheries
Department. For example, community leaders have in many instances retained traditional
approval (see Section 7.3.1).
7.1.4.5 Ports and harbours
The Kenya Ports Authority Act (Cap. 391) vests the responsibility of operation and management
of Kenya’s ports in the Kenya Ports Authority (KPA), a statutory corporation. The Authority has
powers to (a) construct any wharf, pier, landing areas or any other work deemed necessary; (b)
control the erection and use of wharves in any port or approaches to such ports; and (c) construct
new ports. This is an important mandate, considering that Mombasa Port is one of the biggest
and busiest in the eastern coast of the Indian Ocean, with a very large hinterland reach.
Maritime-zone legislations include the Maritime Zones Act No. 6 of 1989 (Cap 371), which
designates Kenya’s maritime boundaries and vests ownership and control in the Republic of
Kenya in accordance with relevant international law; and the new Water Act, 2002 (Cap 371).
Recently, additional new legislations and institutions for the regulation of the maritime sector
have been drafted and proposed. The new legislative proposals include a revised Merchant
Shipping Bill (2004); a Marine Pollution Control Bill (2004); and the recently enacted Kenya
Maritime Authority Act. The latter replaced the Executive Order of June 2004, through which
the Kenya Maritime Authority (KMA) was established.
7.1.4.6 Lakes and rivers
The Water Act of 2002 deals with the conservation and controlled use of water resources (mainly
inland waters), while the Lakes and Rivers Act (Cap 409) regulates dredging and the use of
steam vessels on certain lakes and the rivers (including Tana and Athi) that drain into the Indian
Ocean along Kenya’s coast. The Tana and Athi Rivers Development Authority Act (Cap 443)
is also relevant to river and river-basin management. It provided for the establishment of the
Tana and Athi Rivers Development Authority (TARDA) to advise on the institution and coordination
of development projects in the Tana and Athi River basins and related matters. This
includes the planning and development of the two rivers’ basins and resources.
The legal status of estuaries and deltas, however, remains controversial, as they cut across several
jurisdictions (riparian, forest, marine, and coastal zone) and harbor abundant resources. There
is little effective legal protection of these biotopes, except under protected-area or forest-reserve
regulations. The 1971 Ramsar Convention could be a primary instrument for the conservation
of these ecosystems at the national level. An application for appropriate Ramsar designation of
the Tana Delta is under preparation.
Annex 8
Annex 9
Martin M. Heya, Ministry of Energy, Republic of Kenya, Overview of Petroleum Exploration
in Kenya: Presentation to the 5th East African Petroleum Conference and Exhibition 2011
(25 Feb. 2011)
February 25, 2011 Energizing Kenya
|1|
Overview of Petroleum Exploration
in Kenya
PRESENTATION TO THE 5TH EAST AFRICAN PETROLEUM CONFERENCE AND
EXHIBITION 2011
HELD AT
KAMPALA SERENA HOTEL
KAMPALA,UGANDA
By
MARTIN M. HEYA
COMMISSIONER FOR PETROLEUM ENERGY,
MINISTRY OF ENERGY, KENYA
Annex 9
February 25, 2011 Energizing Kenya
|2|
OUTLINE
• Kenya at a Glance
• Components of the Kenya Petroleum Industry
• Oil Exploration History in Kenya
• Upstream Institutional Framework
• Kenya Sedimentary Basins
• Kenya Fiscal Regime
• Oil & Gas Exploration Opportunities
• Why Invest in Kenya
Annex 9
February 25, 2011 Energizing Kenya
|3|
KENYA AT A GLANCE
Africa
Location : East Coast of Africa
Capital : Nairobi
Government type: Democratic Republic
(Coalition)
Area: 582,646 sq. km
Population: 40million
GDP growth rate: 5% (2010)
Contributors to GDP: Tourism
Agriculture/Forestry/Fishing
Manufacturing
Transport/Communication
Annex 9
February 25, 2011 Energizing Kenya
|4|
KENYA AT A GLANCE…cont
Capital City: Nairobi
Main Seaport: Mombasa
Main Airport: Jomo Kenyatta International
Other Airports: Wilson, Mombasa, Eldoret, Kisumu
Official Languages: English, Kiswahili
Sed. Basins: Four (4) covering 317,000 sq km
Wells drilled: 32
Annex 9
February 25, 2011 Energizing Kenya
|5|
COMPONENTS OF THE KENYA PETROLEUM
o Upstream Sector INDUSTRY
• No proven reserves of hydrocarbons yet
• Four (4) sedimentary basins
• Thirty Six(36) blocks (21 Licensed)
• Thirty one (32)exploration wells and >80000 KM Seismic
• Contract is Production Sharing Contract
• Previous and Existing contractors include CNOOC, TOTAL,
SHELL, AMOCO, BP, LUNDIN, ANARDAKO e.t.c.
o Midstream Sector
• Pipeline network of approx. 900km operated by Kenya
Pipeline Corporation for refined products
• Refining capacity of four(4) millionmetric tonnes per
annum (mmtpa) operated run by Kenya Petroleum Refinery
Limited. (Due for upgrade)
• Over 1,000,000M3 Storage
o Downstream Sector
• Countrywide retail network of 1052 stations operated by
Multi-nationals (Total, Shell, Oil Libya etc) & smaller
Kenyan OMCs
• Ownership of Retail network - Multinational (73%) National
Oil(8%) Independents (19%)
Annex 9
February 25, 2011 Energizing Kenya
|6|
OIL EXPLORATION HISTORY IN KENYA
o 1950’S - Oil exploration commenced
o 1960 to 1984 - 16 wells drilled mainly in the Lamu and Anza basins
o 1981- National Oil was incorporated in 1981
o 1984 GOK enacted new Petroleum (Exploration and Production) Act.
o 1986 Petroleum (E & P) Act revised. Royalties replaced by PSC’s
o 1985 to 1992 - Further 14 wells drilled
o 1995 - Lamu Basin Study completed.
o 2001 - Tertiary Rift Study complete
o 2000+ - Award of offshore PSC’s and reinvigorated exploration
o 2006 – Deepest offshore well drilled byWoodside
o 2009 – Deepest onshore well being drilled by CNOOC
Annex 9
February 25, 2011 Energizing Kenya
|7|
The Petroleum Act provides legal framework and regulates the negotiation
and conclusion of Production Sharing Contracts (PSC) with potential
investors.
The PSC’s are subject to negotiations and are governed by
o The Petroleum Act, Cap 308, 1986
o The Petroleum (E & P) Regulations
o The Income Tax (Amendments) Act
o Environmental Management & Coordination Act 2000 - NEMA
THE PETROLEUM (EXPLORATION &
PRODUCTION) ACT, CAP 308, 1986
Annex 9
February 25, 2011 Energizing Kenya
|8|
National Oil Corporation of Kenya
KENYA SEDIMENTARY BASINS
Basin Area km2 Wells
drilled
Average
Sediment
thickness
Lamu 132,770 16 12,000m
Mandera 51,920 3 10,000m
Anza 94,220 11 10,000m
Tertiary
Rift
38,904 2 4,000 m
Annex 9
February 25, 2011 Energizing Kenya
|9|
ANZA BASIN
o The basin lies Onshore
o Reef structures have been mapped lower
cretaceous
o Reservoir rock: Bioclastic limestones
o Potential reservoir thickness:300m-500m
o Source rock: Lower Cretaceous
o Divided into four(4) blocks
o ELEVEN(11) wells drilled in Anza Basin
o Oil shows encountered between 970m -
1020m
o Gas shows encountered between 2150m –
4290m
Annex 9
February 25, 2011 Energizing Kenya
|10|
TERTIARY RIFT BASIN
o The basin lies Onshore
o Is the youngest geologically
o The basin is Oligocene to Pliocene in
age
o Sediment thickness ranges up to 3 km
o Potential reservoirs: up to 40%
porosity in sands (Loperot-1 well)
o Divided into seven(7) blocks
o Two(2) wells drilled in Tertiary
Stratigraphy of Loperot-1Well
o Loperot-1Well
• Drilled in 1992 by Shell
• Source Rocks – Shale
• Low Sulphur content (0.5%)
• Tested oil ~ 29o API gravity
• Recovered 9.5 liters of Oil at
depth of 1110m
Depth (KB)
in m
200
0
400
600
800
1000
1200
1400
1600
1800
2000
2200
2400
2600
2800
3000
258
1057
1386
2601
2950
(TD)
Middle
Lower - Middle Mioc ene Miocene Lower
Oligocene - Lower Miocene Mioc ene
?Paleocene
or younger
AGE LITHOLOGY DSTOIL
And the two Loperot shales
POROSITY
VALUES
TOC = 1 - 3%
(Highly mature
Loperot shale):
(2435 -2600m)
TOC = 4 - 17%
(Barely mature
Loperot shale)
(1189-1241m)
160 API
(DST# 2 oil 952-977m)
12 - 35%
( 100m - 950m)
15 - 40%
( 950 - 1110m )
9 - 19%
( 1385 - 1750m )
5 - 10%
( 1750 - 2250m )
8 - 15%
( 2250 - 2950m )
Annex 9
February 25, 2011 Energizing Kenya
|11|
MANDERA BASIN
o The basin lies Onshore
o The basin is Permo-Triassic to Tertiary
in age
o Sediment thickness ranges up to 10km
o Divided into three(3) blocks
o Four(4) wells drilled
o Potential source rock interval in Mid
Jurassic-Lower Cretaceous
o Oil shows encountered at 40–44m in
the Tarbaj stratigraphic well drilled by
TOTAL
o Source rock potential is comparable
with the larger Mandera-Lugh basin in
Ethiopia and Somalia
Annex 9
February 25, 2011 Energizing Kenya
|12|
LAMU BASIN
o The basin lies both Onshore &
Offshore
o The basin is Upper Carboniferous to
Recent in age
o Formed during separation of
Madagascar from Africa
o Source rock: Middle to Late Jurassic
o Sediment thickness ranges up to 12km
o Divided into twenty four(24) blocks
o Fifteen(15) wells drilled in Lamu Basin
o Oil shows encountered in L.Cretaceous
o Tested Gas flows of 3.1MCF/D in
Dodori -1 well and 12.7MCF /D in
Pandangua well and Pate-1 well
Period Ma Age
PERMIAN TRIASSIC JURASSIC CRETACEOUS TERTIARY
EARLY MIDDLE LATE EARLY LATE PALEOGENE NEOGENE
PLIO
LIAS DOGGER MALM NEOCOMIAN SENO NIAN MIOCENE
10
20
30
40
50
60
70
80
90
100
110
120
130
140
150
160
170
180
190
200
210
220
230
240
250
Griesba chian
Anisian
Carnian
Noria n
Rhaetia n
Hettangian
Pliensbac hian
Toa rc ian
Aalenian
Bat honian
Callovian
Oxford ia n
Kimmeridgian
Tithonian
Berrisia n
Valanginia n
Ha uterivia n
Barremia n
Aptia n
Albian
Conia cian
Santo nian
Cam pa nian
Maestrichtian
Early
Early
Early
Early
Late
Late
Late
Late
Late
Middle
Middle
LAMU BASIN Relative chang es
of sea level
1.0 0.5
rising falling
Supercycles
Age of
unconf.
Tf
Te
Td
Tc
Tb
Ta
Kb
Ka
Jb
P
TR
0
Early
PALEOC. EOCENE OLIGOC.
Bajocian
Sinem urian
Nammalia n
Ja
NW SE
LAMU
Re efs
BARATUMU
Fm.
BARREN
BEDSFm.
Pd
KIPINI
Fm .
D Ko
Ko
KOFIA
Sa nds
HAGARSO Ls
EWASO
Sands
MTOMKUU
Shales
MWACHI Ls
KAMBE Fm PANG ANI Ls
COASTAL
GROUP KARROO GROUP SABAKI GROUP TANA GROUP P
MARAFA FM.
WALU
Sha les
SIMBA
Sh ale s
MARIAKANI Sandstone
MAJI YA CHUMVI
Fish be d
TATARRUUGGRritITsS
320 Ma 320 Ma
MAZERAS
Sa ndstone
RARELs
Upp er MAZERASSs.
FossilWo od
ADIGRAT Ss.
SALT
D,P,K,S
D, P,K,S
DOD. LS
LIN. LS
D,P, K
FRERETOWN Ls
gasshows
oilshows
source ro ck
Ko Kofia-1
D Dodori-1
P Pate-1
Pd Pandangua- 1
S Simba -1
K Kipini-1
MEGASEQUENCE I MEGASEQUENCE I I MEGASEQ.III MEGASEQ.IV
STRATIGRAPHY OF THE LAMU BASIN
Annex 9
February 25, 2011 Energizing Kenya
|13|
CURRENT EXPLORATION BLOCKS
Lease Status:
Tullow: 5 Blocks
Origin Energy: 1 Block
Flow Energy: 1 Block
Camec 1 Block
Africa Oil Corp 1 Blocks
Vanoil Resources 2 Blocks
AFREN (EAX) 2 Block
Lion Petroleum 1 Blocks
Sohi Gas Lamu 1 Block
Sohi Gas Dodori 1 Block
Anadarko Petroleum 5 Blocks
NOCK 1 Block
Total leased 21 out 36 Blocks
Annex 9
February 25, 2011 Energizing Kenya
|14|
•Part of the Anza Basin, continuation of the CARS,
very good oil shows in wells drilled
•BGP crew has mobilized to acquire 750 km of
onshore 2D seismic data
• Drilling in 2011
Tullow Oil- ONSHORE
Block 10A
Annex 9
February 25, 2011 Energizing Kenya
|15|
• Part of the East African Tertiary Rify System (EARS),
analogous to Albertine Basin in Uganda
• Block has the most significant oil show in Loperot well
• BGP crew completed acquisition of 615 km onshore 2D
Seismic in October 2010
• Drilling in 2011
Tullow Oil - ONSHORE
Block 10BB
Annex 9
February 25, 2011 Energizing Kenya
|16|
• Block 10BA lies in the Tertiary
Basin
• Reservoir rocks are present
with porosities ranging from
25%-30%
• Oil seeps on margin of Lake
Turkana
• Surface slicks on Lake Turkana
possibly related to seeps
• Good mature Source Rocks
proven to have reached the
Oil Window
• The structures similar to
Loperot-1 in Block 10BB
which recovered 9.5 ltrs - Oil
Tullow Oil - ONSHORE
Block
Annex 9
February 25, 2011 Energizing Kenya
|17|
ANARDARKO Petroleum -OFFSHORE
• Acquisition of 5000 km of 2D seismic data
completed
• Interpretation currently ongoing
• 3D seismic acquisition planned for 2011
• Drilling planned for 2012
• Anadarko hoping to replicate their success
story from further south in Mozambique
Annex 9
February 25, 2011 Energizing Kenya
|18|
•1276 km of 2D seismic planned to commence in
Q2 2011
• UPSL Crew mobilizing from Ethiopia
AFREN (EAX)-Onshore
Block 1
Annex 9
February 25, 2011 Energizing Kenya
|19|
• Acquisition of 460 km shallow water - transition
zone 2D seismics completed in October 2010
• Company plans to acquire onshore 2D
AFREN (EAX)-Offshore/Onshore
Block
L18
Block
L17
Annex 9
February 25, 2011 Energizing Kenya
|20|
• Boghal1-1 driled in 2010
• Total depth of 5000m
• Gas was encountered
African Oil Corp- ONSHORE
Block 9
Annex 9
February 25, 2011 Energizing Kenya
|21|
•Acquisition of 3D and 2D Seismic planned for early part of 2011.
SOHI – Onshore/Offshore
Block
Block L13
L4
Annex 9
February 25, 2011 Energizing Kenya
|22|
•3D offshore seismics planned for 2011
•Acquisition of 100 km of onshore 2D seismic acquisition to commence in
early 2011.
FLOW Energy – Offshore/Onshore
Block
L6
Annex 9
February 25, 2011 Energizing Kenya
|23|
ORIGIN ENERGY - OFFSHORE
Acquisition of 900 sq km of
3D by Origin Energy
completed December 2009
5100 meters
Hydrophone
Streamer
Cables (8)
Air gun
Arrays
M/V
Seisquest
Block L8
Annex 9
February 25, 2011 Energizing Kenya
|24|
VANOIL – Onshore
Block 3A
Block 3A
• 1,500 km 2D seismic data reprocessed
• 447 line km of new 2D acquisition completed in 2010
• 3D seismic planned for 2011
•Well planned for 2012
Annex 9
February 25, 2011 Energizing Kenya
|25|
Wells drilled in Kenya
Well Name Operator Latitude Longitude TD (m) TD Age
Year
Completed Status
Walu-1 BP/Shell 01o38'04''S 40o15'09''E 1768 Late Cret. 1960 P&A
Pandangua-1 BP/Shell 02o05'51"S 40o25'15"E 1982 Early Tertiary 1960 P&A with gas shows in Tertiary
Meri-1 BP/Shell 0o20'36"N 40o11' 00"E 1941 Early Tertiary 1961 P&A
Mararani-1 BP/Shell 01o34'57"S 41o14'10"E 1991 Early Tertiary 1962 P&A with oil shows in the Tertiary
Ria Kalui-1 Mehta & Co. 1538 Permo-Trias. 1962 P&A with oil staining in Karroo
Walu-2 BP/Shell 01o 38'02"S 40o15'10"E 3729 Early Cret. 1963 P&A with oil shows in Cretaceous
Dodori-1 BP/Shell 01o48'53.7"S 44o11'04"E 4311 Late Cret. 1964 P&A with oil and gas shows in
Walmerer-1 BP/Shell 0o05'35"S 45o35'05"E 3794 Early Cret. 1967 P&A with gas shows in Cretaceous
Garissa-1 BP/Shell 0o22'04"S 39o48'43"E 1240 Mid. Jurassic 1968 P&A
Pate-1 BP/Shell 02o03'53.98"S 41o04'52"E 4188 Early Tertiary 1971 P&A with gas shows in the Eocene
Kipini-1 BP/Shell 02o29'23.57"S 40o35'51"E 3663 Late Cret. 1971 P&A with oil and gas shows in
Hagarso-1 Texas Pacific 0o 47'43.5"S 40o26'40.5"E 3092 Early Cret. 1975 P&A with gas shows in Cretaceous
Anza-1 Chevron 0o55'10.864"N 39o41'42.761"E 3662 Late Cret. 1976 P&A with oil stain in Cretaceous
Bahati-1 Chevron 0o26'32.913"N 39o47'5.077"E 3421 Late Cret. 1976 P&A with oil stain in Cretaceous
Simba-1 Total 04o00'06.60"S 40o34'03.68"E 3604 Late Cret. 1978 P&A with gas shows in Tertiary and
Maridadi-1B Cities Services 2o53'8.795"S 40o24'7.856"E 4198 Mid. Tertiary 1982 P&A with gas shows in the Tertiary
Kofia-1 Union 02o32'31.90"S 40o56'18.30"E 3629 Late Cret. 1985 P&A with oil and gas shows in
KenCan-1 PetroCanada 0o18'57.384"S 39o46'16.572"E 3863 Permo-Trias. 1986 P&A
Elgal-1 Amoco 01o22'47"N 39o53'09"E 1280 Permian 1987 P&A
Elgal-2 Amoco 01o27'32.708N 39o58'40.063"E 1908 Triassic 1987 P&A
Ndovu-1 Total 01o59'58"N 38o52'57"E 4269 Early Cret. 1988 P&A with oil and gas shows in
Sirius-1 Amoco 2o35'00.14"N 37o32'48.98E 2638 Lower Cret. 1988 P&A with good oil shows
Bellatrix-1 Amoco 2o42'12.98"N 37o32'22.34"E 3480 Lower Cret. 1988 P&A
Duma-1 Total 1o39'35.66"N 39o30'19.77"E 3333 Early Cret. 1989 P&A with gas shows in Cretaceous
Hothori-1 Amoco 01o11'16.8"N 39o29'37.8"E 4392 Late Cret. 1989 P&A with oil and Gas shows
Chalbi-3 Amoco 3o01'50.81"N 37o24'43.09"E 3644 Lower Cret? 1989 P&A
Endela-1 Walter 0o45'20"N 39o28'52"E 2779 Early Tertiary 1989 P&A with gas shows in Paleogene
Kaisut-1 Total 1o31'03.82"N 38o16'28.89"E 1450 Early Tertiary 1989 P&A
Loperot-1 Shell 02o21'46.229"N 35o52'24.132"E 2950 Paleocene 1992 P&A with oil shows
Eliye Springs-1 Shell 03o13'50.62"N 35o54'40.19"E 2964 UpperMiocene 1992 P&A
Pomboo-1 Woodside 01o57'16.15''S 41o56'28.02E 4887 Late Cret. 2007 P&A
Annex 9
February 25, 2011 Energizing Kenya
|26|
Available acreage • Offshore Lamu Basin
– 4 Blocks L9, L10A , L10B & L15
– Large amounts of 2D data available
– 4 wells drilled in offshore Lamu Basin
• Onshore Lamu Basin
– 8 Blocks available,
– 12 wells drilled within onshore Lamu
Basin, oil and gas shows in the wells
– Only vintage 2D seismic data available
• Mandera Basin
– Only one block 2B available
– 2 shallow stratigraphic wells drilled
– Tarbaj oil seep in adjacent block
• Nyanza Trough
– One block, little data available
Annex 9
February 25, 2011 Energizing Kenya
|27|
Seismic Coverage
•80,000 km of 2D seismics
•900 sq km of 3D seismics
Annex 9
February 25, 2011 Energizing Kenya
|28|
FISCAL STRUCTURE
Area Specified Block size is provided with its coordinates.
______________________________________________________________________________________________________
Duration Exploration: 3 Phases – Initial Exploration – 3 yrs ; First Additional – 3 yrs; Second Additional 2yrs; Total 8 years
Production: 20 to 30 years, (typically at least 25 years)
______________________________________________________________________________________________________
Relinquishment - Exploration: 25% after 1st Phase, 25% of “original” area after 2nd Phase (Negotiable)
______________________________________________________________________________________________________
Exploration Obligations - Includes seismic data acquisition and drilling obligation with minimum expenditure (Negotiable)
______________________________________________________________________________________________________
Profit Oil Split - Based upon a production-based sliding scale system . Tranches are Negotiable
______________________________________________________________________________________________________
Cost Recovery Limit - It is based on gross revenues and its well within the World Average - 65% (Negotiable)
______________________________________________________________________________________________________
Training Fees – It is based lump sum amount payable annually during exploration, development and production
______________________________________________________________________________________________________
Surface Fees Rental - It is based on per block size basis and divided into exploration, development and production (Negotiable)
______________________________________________________________________________________________________
Taxation - Under the Kenya Model taxes are paid “in lieu” – “for and on behalf of the Contractor” out of the GoK share of profit.
Corporate Income Tax in Kenya – 30% . World average is between 30-35%.
______________________________________________________________________________________________________
Depreciation It uses a 5 year Straight Line Depreciation method for capital costs. The depreciation begins “when production starts”
______________________________________________________________________________________________________
Ring fencing It does not allow costs from one block to be recovered from another
______________________________________________________________________________________________________
Gvt. Part - The Kenya Model PSC minimum participation of Min 10% . The GoK is carried through exploration. (Negotiable)
Annex 9
February 25, 2011 Energizing Kenya
|29|
SO IS THERE OIL IN KENYA?
o Positive indications in several of the 31 wells drilled to date
e.g. Loperot-1, Sirius-1, Pate-1
o Discoveries in basins adjacent or similar to ours in the region
• UgandaWestern arm of Rift
equivalent to our Tertiary Rift
• Ethiopia Ogaden Basin which is
part of our Mandera basin
(Tarbaji oil seep)
• Sudan southern rifts extensions
of our Anza Basin
• Tanzania coastal basins extend
into our Lamu basin
Only Time and Continued Intensified Exploration Effort Will Tell
Annex 9
February 25, 2011 Energizing Kenya
|30|
WHY INVEST IN KENYA ?
o Large exploration . Blocks (Onshore/Offshore)
o Competitive commercial terms
o Consider Licensing round especially for vacant offshore blocks as
well as new blocks from new spec data
o Acceptable balance of risk/reward.
o Previous exploration data readily available
o Low entry cost, no signature bonuses
o Award focuses on work programme
o Provides investor with growth opportunities
o Access to Ready Market for Oil & Gas in East Africa Region
o Attractive legal & fiscal regime
o Most clauses are open for negotiation
o Kenya is the hub to Eastern Africa & Gateway to most of Africa
o Friendly People, Great & Beautiful Country
Annex 9
February 25, 2011 Energizing Kenya
|31|
ASANTE
Annex 9
Annex 10
Republic of Kenya, Ministry of Mining, Sector Plan for Oil and Other Minerals 2013-2017
(2013)
REPUBLIC OF KENYA
SECTOR PLAN
FOR
OIL AND OTHER MINERALS 2013-2017
2013-2017
The Principal Secretary
Ministry of Mining
©Government of the Republic of Kenya 2013
Annex 10
VISION 2030 SECTOR PLAN FOR OIL AND OTHER MINERALS 2013 – 2017 iii
STATEMENT BY THE CABINENT SECRETARY FOR MINISTRY OF
DEVOLUTION AND PLANNING
FOREWARD
The oil/gas and other minerals resources sector has been given prominence in the Second Medium
Term Plan (2013-2018) as key contributor to the envisaged and sustained Gross Domestic Product
growth of ten (10) per cent per annum to the end of 2030. Their management and development, from
exploration to distribution and use, which up to now has suffered serious underfunding among other
issues is therefore crucial.
This sector plan outlines the key priority areas that need to be addressed in order to realize the potentials
of the sector. Already successes are seen in the form of increase in the oil/gas sector. The number of
active exploration licenses has been on the increase following the discovery of oil in the Turkana area
and gas in Lamu County. In a similar breath, a lot of effort has been made by the Government to clean
up operations in the other minerals sector to make it more transparent and attract more investment.
Following this, the first batch of titanium ore from the Kwale sand deposits was exported in the month
of February 2014. An agreement has also been reached with cement manufacturing companies and
Fluorspar Company of Kenya (Ltd) on payment of royalties on use of limestone and fluorspar.
As the country embarks to reap benefits from its oil/gas and other minerals, this momentum needs to
be sustained. Several policy and bills will be reviewed or be formulated to govern the sector. In addition,
scientific work in the industry needs to be intensified to increase the database of knowledge about the
country’s natural wealth. Only in this way is the country going to achieve industrialization built upon
utilization of its natural resources.
Mr. Davis Chirchir,
Hon. Najib M. Balala, EGH
Cabinet Secretary
Cabinet Secretary
Ministry of Energy and Petroleum
Ministry of Mining
Annex 10
4 VISION 2030 SECTOR PLAN FOR OIL AND OTHER MINERALS 2013 – 2017
3 CHALLENGES AND EMERGING ISSUES
There are numerous challenges and emerging issues affecting realization of full potential in the Oil/Gas
and Other Mineral Resources Sector. Outlined below are the major challenges and emerging issues:
3.1 Legal, Regulatory and Institutional reform
The policies, laws and institutions that presently govern the mineral sector in the country need significant
reform if the sector is to grow sustainably and contribute to economic development and poverty reduction
in the counties. The highest priority must be given to finalizing the Mining Bill (2013) and Energy Bill
(2013). Kenya needs a shared vision of how development of oil/gas and minerals will take place at the
counties, building on experiences from across the world.
The bills must define the role and mandate of the state and its public institutions in the sector, and make
very clear what public institutions at the county level will exercise; what regulatory roles are and the
relationships between them; how, if at all, decentralization might apply to governance of the mineral
sector; specify the environmental obligations of operators consistent with internationally recognized
safeguard standards; define arrangement governing provision for community development and benefits
sharing, including roles to be played by different stakeholders; address the rights of vulnerable groups
that might be impacted adversely by mineral sector development and measures for their protection.
3.2 Government Revenue Collection
The development of a productive and profitable mineral sector can provide a new source of government
tax revenues that could be substantial relative to non-mineral revenue sources. It will be important
to ensure that the government obtains a fair share of mineral rents but, in doing so, it must strike the
right balance between inducing investment at the counties and generating tax revenue. This calls for a
fiscal regime for the Oil/Gas and other Minerals sector that takes account of the uncertainty, risks and
rewards inherent in Oil and other minerals operations and recognizes that the country, particularly in
this early phase of oil and gas sector development, competes for investment with countries that may
offer equal or better investment opportunities within the region.
It is well known that natural resource exploitation of oil and gas requires extensive investment before it
becomes valuable and beneficial to the society. It requires investment in infrastructure, physical capital
and knowledge. Thus, investing in knowledge is a legitimate component of a forward-looking economy
that will be an ultimate objective of the government.
3.3 Politics, dispute management and environmental issues
Oil and gas development faces political and environmental issues. Political issue stem from the overlapping
and disputed claims of economic sovereignty. Environmental issues pertain to the preservation of
Fauna and Flora species unique to the areas where oil, gas or other minerals have been discovered,
particularly Turkana and Kwale. The environmental impact of oil exploration is a dominant driver for most
technology development in the industry today. Although much of this effort is focused on waste treatment
and disposal, a significant amount of waste prevention will be crucial. Development of technologies to
displace less material during mining will result in reduced environmental impact. A long-term vision for
the industry would find constructive use for all material removed in the oil drilling area.
Kenya has a maritime boundary dispute with Somalia, in the Indian Ocean Waters. There is also
gazetted oil and gas exploration blocks that are located in the disputed area offshore the Lamu basin,
and resolution of the dispute will be required to avoid resource-fuelled disputes, which are even harder
Annex 10
VISION 2030 SECTOR PLAN FOR OIL AND OTHER MINERALS 2013 – 2017 5
to mediate than others. The disputed Ilemi triangle between South-Sudan and Kenya also lies in the
Tertiary basin stretching over three exploration blocks in that region. Although it takes time to resolve
sovereign boundary disputes, it is important that faster solutions are sought to foster confidence with
international companies. There has not been disagreement between exploring companies in the country,
but the scenario in other countries should be a strong lesson for us, in formulation laws that govern
such partnerships.
3.4 Managing Expectations
Like most mineral resources, oil exploration and exploitation takes place in the location of the resource
and, subsequently, transformations (physical and socio-economic) are bound to occur in the area of
discovery as it accommodates this new activity. With such transformations, especially in remote areas
where oil and other minerals are, sensitive issues will arise which, if not addressed beforehand, may
cause unnecessary tension and civil strife in future. Specifically, different stakeholders have different
expectations regarding the economy of the country and especially those in the location where the
resource is located. Turkana County has the highest poverty level of about 94 per cent, and is the sixth
least densely populated county in Kenya. The county is among the five least developed in terms of
infrastructure and other supporting socio-economic facilities. The burning question in the mind of the
locals is what the national government will do to ensure citizens (especially those domiciled next to
resource sites) have correct information, capacity and expectations to avoid unwarranted anxiety and
excitement.
Although development of the oil resource will take a few years to commence, there has not been any
systematic attempt to establish opinions and expectations of the public, who will be largely affected by
the projects. There exist a lot of expectations at different levels of society with respect to the resource,
and there has not been any identification of these expectations and ways to manage them. This has the
potential of breeding negative sentiments in future, if the unidentified expectations of different groups
are not met, and are not managed early enough.
Imperatively, the government must take cognizance of the fact that , like any other non-renewable
resource, Oil (in general hydrocarbons) could be compared to a capital asset granted to a country for
a limited period of time , and it must, therefore be used for the greatest and sustainable benefit of a
country. This brings into focus the relevant issue of the government’s general objectives with respect
to the hydrocarbon sector. The statement of such objectives by the government would help in drafting
laws, regulations and setting up institutions geared towards achieving the stated objectives. Since
exploration and development of oil resources are long-term activities, the state should have clear
objectives of how to handle both stages before signing any contracts with investors. In most cases a
government’s objective regarding exploration and development of natural resources revolve around the
issues of sovereignty, economic growth and environmental protection.
3.5 Transparency, Rents Transfer and Rent Seeking
Transparency is key to achieving public acceptance of a contract. It is a necessary condition to all
civil society and the public to provide an informal mechanism of checks and balances, where formal
mechanisms are not adequate. Transparency is the only way to dispel the constant concerns of greed
and corruption often associated with mineral contracts, and it prevents government officials from
agreeing to the terms that the citizenry may deem unacceptable and subject to constant criticism and
attack. Public and private sectors have different interests, which overlap with social welfare. Political
stability is fundamental to government, while the private sector is concerned with stable property
rights. Thus, the government has two competing objectives that is to maintain stability and to promote
Annex 10
Annex 11
Republic of Kenya, National Assembly, Departmental Committee on Defence and Foreign
Relations, Report of the Workshop on Somalia and International Boundaries (Oct. 2014)
REPORT OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL BOUNDARIES. Page 1
REPUBLIC OF KENYA
NATIONAL ASSEMBLY
ELEVENTH PARLIAMENT – SECOND SESSION 2014
THE DEPARTMENTAL COMMITTEE ON DEFENCE AND FOREIGN
RELATIONS
REPORT OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL
BOUNDARIES.
CLERK‟S CHAMBERS
NATIONAL ASSEMBLY
PARLIAMENT BUILDINGS
NAIROBI
OCTOBER 2014
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REPORT OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL BOUNDARIES. Page 4
1.0 INTRODUCTION
The Departmental Committee on Defence and Foreign Relations is established pursuant to
the provisions of Standing Order No. 216(5) of the Kenya National Assembly and in line
with Article 124 of the Constitution (2010) which provides for the establishment of the
Committees by Parliament. The functions of the Committee are, inter alia, to study the
programme and policy objectives of Ministries and Departments and the effectiveness of
their implementation; study, assess and analyze the relative success of the Ministries and
Departments as measured by the results obtained as compared with their stated objectives
as well as make reports and recommendations to the House as often as possible, including
recommendations of proposed legislation.
Part one of the Fourth Schedule of the Constitution provides that Foreign affairs, foreign
policy and international trade as well as the use of international waters and water resources
are functions of the National government.
The Committee is mandated to consider the following issues; Defence, Intelligence, Foreign
Relations, Diplomatic and Consular Services, International Boundaries, International
Relations, Agreements, Treaties and Conventions.
In executing its mandate, the Committee oversees the operations of the following
Ministries/State Departments and or Service:
I. Ministry of Defence
II. Ministry of Foreign Affairs and International Trade
III. National Intelligence Service
IV. State Department for East African Affairs in the Ministry of East African
Affairs, Commerce and Tourism
2.0 COMMITTEE MEMBERSHIP
The Departmental Committee on Defence and Foreign Relations comprises the following
Members: -
i) Hon. Ndungu Gethenji, M.P. - Chairperson
ii) Hon. Elias Bare Shill, M.P. - Vice-Chairperson
iii) Hon. Jakoyo Midiwo, MGH, M.P.
iv) Hon. Katoo Ole Metito, EGH, MGH, MP
v) Hon. Adan Keynan, CBS, M.P.
vi) Hon. Chrisantus Wamwalwa, M.P.
vii) Hon. Nyiva Mwendwa, EGH, M.P.
viii) Hon. Maj-Gen (Rtd) Joseph Nkaisserry, CBS, MGH, M.P.
ix) Hon. Gonzi Rai, MGH, M.P.
x) Hon. Joel Onyancha, MGH, M.P.
xi) Hon. Richard Onyonka, M.P.
xii) Hon. Wafula Wamunyinyi, M.P.
xiii) Hon. Joseph Kiuna, M.P.
xiv) Hon. Joseph Lekuton, M.P.
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REPORT OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL BOUNDARIES. Page 5
xv) Hon. Yusuf Hassan, M.P.
xvi) Hon. Col (Rtd.) Ali Dido Rasso, MBS, M.P
xvii) Hon. John L. Nakara, M.P.
xviii) Hon. Roselinda Soipan, M.P.
xix) Hon. Anna N. Gathecha, M.P.
xx) Hon. David Wafula, M.P.
xxi) Hon. Elisha Busienei, M.P.
xxii) Hon. Abass S. Mohamed, M.P.
xxiii) Hon. Joyce Wanjalah Lay, M.P.
xxiv) Hon. Joseph Gitari, M.P
xxv) Hon. David Pkosing, M.P.
xxvi) Hon. Ibrahim Sane, M.P.
xxvii) Hon. Dennitah Ghati, M.P.
xxviii) Hon. Beatrice Nyaga, HSC, M.P.
xxix) Hon. Ken Obura, M.P.
3.0. PRELIMINARIES
Honourable Speaker,
The Departmental Committee on Defence and Foreign Relations held a joint workshop
with various government agencies to deliberate on Somalia and Kenya‟s International
Boundaries on 9th to 12th October 2014 in Mombasa. Kenya‟s relations with Somalia have
been very cordial for a long time yet of recent past, both Kenya and Somalia have faced a
range of challenges and difficulties. Somalia is a major factor in Kenya‟s economic
development and its relation to Kenya needs to be addressed if the benefits are to be
maximized. The decision to hold the joint workshop on Somalia and International
boundaries was the result of a series of concerns by the committee.
Honourable Speaker,
The Committee was concerned about the various incidences of insecurity in the country,
which are allegedly attributed to the presence of the Kenya Defence Forces in Somalia. The
Committee set out to carry out an audit of Kenya‟s forces in Somalia to establish whether
the country has achieved its objectives and if not, how much longer Kenya‟s presence is
needed. The Committee was also concerned with the various boundary disputes between
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REPORT OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL BOUNDARIES. Page 6
Kenya and her neighbours. For example, the dispute over the Ilemi Triangle between Kenya
and South Sudan, the dispute over Migingo Island between Kenya and Uganda and the
dispute between Somalia and Kenya currently before the International Court of Justice.
Honorable Speaker,
Article 21(4) of the Constitution of Kenya spells out that the State shall enact and
implement legislation to fulfill its international obligations in respect of human rights and
fundamental freedoms. The Committee received a correspondence dated 12th April, 2014
from the Federal Republic of Somalia, the House of the People, on a resolution of a motion
urging the Kenya National Assembly to take urgent and concerted action in the wake of
terrorist attacks and the aftermath on the Somali Community. In addition, the Committee
on Defence and Foreign Relations received a correspondence from the Ministry of Foreign
Affairs and International Trade dated 17th June 2014 advising the Committee to engage
with a number of congressmen to discuss matters of alleged torture and detention of certain
communities in Kenya. This was informed by a petition to the US congress on Kenya by
Somali citizens in State of Minnesota, USA.
Honourable Speaker,
Experts and practitioners see all these challenges as contributing factors to Kenya‟s relations
with Somalia. Although various measures have been taken by the Government of Kenya to
ensure that the bilateral relations between the two nations make a greater impact in
national development, major issues and externalities are still at large. The disarmament and
reintegration of clan militias remains a challenge to security; the vast undefended Somali
coastline and the absence of maritime capability present a major challenge to security.
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REPORT OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL BOUNDARIES. Page 10
6.0 DELIBERATIONS OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL
BOUNDARIES.
Below is a summary of the workshop presentations:-
OFFICIAL OPENING
Official Opening Remarks by the Hon. Bare Shill, MP - Vice Chair, Committee on Defence
and Foreign Relations
The Vice Chairperson called the workshop to order at 8:00am. Thereafter, he welcomed
and recognized the presence of the Members of the Committee, resource persons and the
Secretariat. He pointed out that the efficient partnership between the Committee, the line
Ministries and Departments was crucial to the effective execution of their respective
mandates.
He emphasized the importance of the event and urged the Committee members to take full
advantage of the wealth of expertise present at the workshop, and to exhaustively
interrogate the matters before them. He also gave a highlight of key events outlined in the
programme.
Remarks by Ms. Florence Atenyo-Abonyo - Director, Committee Services
In her welcome remarks, the Director of Committee services registered apologies from the
Clerk of the National Assembly who was unable to attend the meeting; she emphasized the
importance of the Members appreciating the mandate and operations of the Committee in
fulfillment of their Constitutional obligations.
She reiterated that Kenya is a principle stakeholder in the subject of Somalia and with a
very great interest for a stronger, more stable and democratic governance in Somalia.
Kenya, like all nations, has political, economic, and security interests, and thus should
greater focus, its attention, and resources towards how to further those national interests.
Kenya‟s strategic, economic, and security interests should thus be the guiding factor in
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REPORT OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL BOUNDARIES. Page 11
discussing the subject of Somalia. She urged the committee not to forget what may be
unknown so far, Somalia‟s own national interest.
Further, she pointed out that the matter regarding disputes over international terrestrial and
maritime boundaries had been with us for a long time with situations that range from
traditional bilateral boundary disputes to unilateral claims of one sort or another. In deed
she was hopeful that by the end of the workshop, the stakeholders present would come up
with a way forward regarding some of the issues and hopefully, as a country these matters
could be resolved once and for all.
The participants were also informed that the Office of the Clerk took cognizance of the role
played by the technical departments in Parliament in providing Members with relevant
information to ensure evidence informed recommendations by the Committee on various
issues of national development.
She informed the participants that the Committees of Parliament are created by the
Constitution, the Standing Orders and other statues and by the resolutions of the two
Houses. The principal purpose of Parliamentary Committees being to perform functions,
which the House is not capable of performing at its plenary sittings such as: - summoning of
witnesses, sitting as frequently as desirable, applying an environment that can facilitate
presentation of details/analysis of evidence, undertaking inspection tours, and forming sub-
Committees to conduct in-depth inquiry.
SESSION ONE: KENYA‟S POLICY ON SOMALIA
Session Chair the Hon. Bare Shill, MP, Vice -Chairperson, Departmental Committee on
Defence and Foreign Relations.
This session focused majorly on the Kenya-Somalia relations with regard to the recent move
by the Kenyan Government to deploy KDF troops in Somalia to wage war on Al-Shabaab
and advance her security interests and the consequences of that initiative.
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REPORT OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL BOUNDARIES. Page 18
He stated that, the situation in Somalia presents a security challenge in the region especially
in Kenya like terrorism, radicalization, refugees and trafficking of drugs, arms and humans
and the involvement of Somali clan militia in inter-clan conflicts in North Eastern Kenya
and piracy among others.
He was greatly concerned that the continued inflow of refugees (who have been displaced
by the ongoing operations against Al-Shabaab and drought in Somalia) has greatly hindered
the planned voluntary repatriation of refugees. Further, Al-Shabaab operatives have also
been known to use refugee camps as safe havens and centres for their operations in Kenya.
The challenges have been escalated because of AMISOM‟s lack of military hardware like
attack helicopters, the lack of cohesion within the Somali National Army (SNA) and allied
militia and the persistent inter-clan conflicts.
He was optimistic that the resolution of the conflict in Somalia will in turn aid the process
towards the solution of the consequent challenges in Kenya. This was already underway as
the Government of Kenya has put measures in place to improve relations with leaders in
Somalia, signing a tri-partite agreement with UNHCR on the voluntary repatriation of
Somali refugees, the activation of the Joint Cooperation Commission to promote
diplomatic ties and the continued support of the ongoing International effort to stabilize
Somalia.
SESSION TWO: KENYA‟S INTERNATIONAL BOUNDARIES
Session Chair: The Hon. Col (Rtd.) Ali Dido Rasso, MBS, M.P. Member, Departmental
Committee on Defence and Foreign Relations.
This session focused Kenya‟s international boundaries and the importance of defining
boundaries with particular emphasis on the following topics; Physical demarcations and
markings, legal challenges and maritime boundary negotiations with Somalia. The
presenters shared that Article 5 of the Constitution states “Kenya consists of the territory
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REPORT OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL BOUNDARIES. Page 19
and territorial waters comprising Kenya on the effective date, and any additional territory
and territorial waters as defined by the Act of Parliament”. This then follows that the
Government should know the extent of its own area of jurisdiction for purposes of
administering laws, collecting taxes, providing defense, ensuring peaceful co-existence and
good neighborliness and for exploration and exploitation of resources.
In concluding, the presenters emphasized that there is need:
i. To correct the current anomalies in the current laws touching on international
boundaries e.g. the Districts and Provinces Act, Cap 105A;
ii. For relevant Ministries and Government institutions to participate in the Joint
Boundary deliberations/meetings with neighboring countries at various levels where
necessary; and
iii. To finalise the process of defining her territorial boundaries to avoid conflicts with
neighbors.
Topic 5: Kenya‟s International Boundaries - Physical Demarcations and Markings by Mr.
Cesare N. Mbaria- Director of Surveys, Land, Housing and Urban Development.
In his opening remarks, he thanked the Members for inviting him to share his views on the
topic regarding Kenya‟s International Boundaries with particular emphasis on the physical
demarcations and markings.
In his presentation, he stated that it was important for all Governments to know the extent
of their jurisdiction in terms of the International Boundaries for administration purposes,
peaceful co-existence with neighbors and exploitation of resources. He gave an example of
the Cairo Resolution of 1964, which required that all signatory states of Africa respect the
existing colonial borders, while the Ordinary Session of the AU Assembly of the Union of
2011 resolved to extend the deadline for the completion of the delimitation of all African
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REPORT OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL BOUNDARIES. Page 20
borders from 2012 to 2015. Kenya is yet to complete the delimitation of her boundaries
with neighboring countries and depositing of the Boundary Instruments (the jointly
prepared and agreed boundary documents and maps) with the United Nations (UN) and
the African Union (AU). Additionally, Kenya is yet to comply with the resolution of the
17th Ordinary Session of the AU Assembly of the Union held on June/July 2011 at Malabo
in Equatorial Guinea, which extended from 2012 to 2017 from the completion of the
delimitation/demarcation of all African borders.
He however concluded by stating that there have been ongoing inspections of boundaries
and maintenance of the physical demarcations between Kenya and her neighbors. Further,
he called on the relevant Ministries and Government institutions to prepare to participate
in the Joint Boundary deliberations or meetings with neighboring countries at various levels
to actualize the same. He pointed out that there was need to correct the current anomalies
in the laws touching on international boundaries for instance the Districts and Provinces
Act, Cap 105A.
Topic 6: Kenya‟s International Boundaries - Legal Challenges/Issues by the Ms. Juster
Nkoroi, EBS, Chairperson, Taskforce on Delineation of Kenya‟s Outer Continental Shelf.
In her presentations, Ms. Juster Nkoroi, Chairperson of the Taskforce on Delineation of
Kenya‟s Outer Continental Shelf, gave a highlight of the four essential attributes of a State
which include the population, territory, Government and sovereignty. Of importance in
this workshop was the territory aspect.
She started by explaining that each country needs to confirm the boundaries (as inherited)
and to regulate matters pertaining to it. Further, Kenya‟s decision in the establishment of
her maritime zones is guided by the principles of International Law: Law of the Sea
Convention, State practice and International judgments, and; the bilateral history of Kenya
with her neighbors.
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REPORT OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL BOUNDARIES. Page 21
She further explained that, four out of five of Kenya‟s international land boundaries are
described by Colonial Treaties. The Kenya – Ethiopia boundary was described in a postcolonial
treaty signed in 1970 and registered by Kenya on 25 April 1989. This shows a need
to confirm the inherited boundaries and to regulate any matters that would arise in the
process. Kenya and all the neighboring States, except Somalia, recognize the Cairo
declaration of 1964 that sought to recognize the colonial boundaries.
However, to-date, Kenya‟s maritime space had not yet been finalized because of claims of
it overlapping Somalia‟s maritime zone yet Kenya and all her other neighbouring states
recognize the non violability of the colonial boundaries as contained in the Cairo
Declaration of 1964.. Somalia‟s insistence on the use of a median line to delimit the
maritime zone in Indian Ocean would result in Kenya losing a considerable amount of area
in the outer continental shelf (OCS). This is to be avoided as an immense amount of wealth
potential is to be found in the seas.
The applicable laws in Kenya include the Territorial Waters Act of 16th May 1972 that
adopted median lines as the bases of determining the boundary line with neighboring states
for purposes of determining the breadth of the territorial sea, and the Maritime Zones Act
of 5th August 1989 which consolidated the law relating to Territorial Waters and
Continental Shelf and further provides for the establishment and delimitation of the
Exclusive Economic Zone (EEZ) and other uses of the ocean. The maritime zone between
Kenya and Tanzania as regards Pemba Island is delimited using multiple lines to allow the
Island an EEZ.
On the legal challenges, she informed the meeting of the need to urgently complete the
process of defining Kenya‟s boundaries. Currently Kenya has three boundary disputes. These
are the dispute over Ilemi Triangle between Kenya and South Sudan, the dispute over
Migingo Island between Kenya and Uganda and boundary dispute between Kenya and
Somalia. These issues should be addressed urgently. Lastly, there was need to update the
Districts and Provinces Act (Cap 105A) to conform to the Constitution.
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In her concluding remarks, she assured the Committee that the Government was fully
engaged on the case filed against Kenya by Somalia at the International Court of Justice.
However, she was of the opinion that the case was better settled out of court, allowing
negotiations to factor in the history between Kenya and Somalia and maintain amity
between the two States. The best solution was the equitable principle in maritime
delimitation that allows for the proportionate sharing of “relevant maritime area” based on
ratio “of relevant length of the coasts”.
SESSION III: OUTPUTS & CLOSURE
Session Chair: The Hon. Col. (Rtd.) Ali Dido Rasso, MP - Member, Departmental
Committee on Defence and Foreign Relations
This session was very instrumental as it epitomized the gist of the meeting, being the need
for Kenya to urgently complete the process of defining its boundaries, the need to
aggressively support the ongoing inspections of boundaries and maintenance of the physical
demarcations between Kenya and her neighbors, the need to urgently tackle insecurity
threats posed by Al-Shabaab operatives in Kenya and other terror groups, the need to
support KDF presence in Somalia and last but not least the need to establish stronger bilateral
relations and negotiate strategic agreements with the Somali Federal Government in
the bid to broaden diplomatic engagements in Somalia which has direct influence on the
content and direction of Somalia policy.
Drawing from the comprehensive presentations and discussions that had been facilitated by
the resource persons, strategic way forward including action plan on matters of great
significance emerged.
Summary of Action Points by the Hon. Annah N. Gathecha, MP- Member, Departmental
Committee on Defence and Foreign Relations
The Hon. Annah Gathecha thanked the Chair, Resource Persons and all participants for
actively participating in the workshop. She took participants through this session where she
gave a summary of action points that emerged from the meeting. She however emphasized
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the need for various Actors to look into the issues raised with a view to seeking practicable
solutions that will take Kenya forward.
Recommendations of the Workshop
The Committee decided that specific recommendations were to be made to the various
agencies for easier implementation. The following way forward was the result of
informative presentations from the distinguished participants and the resulting discussions
with the Committee:
The National Assembly should:
1. Enhance Parliamentary diplomacy by engaging with the Parliament of Somalia through
constituting a Kenya-Somalia Parliamentary Friendship Group. Therefore, the National
Assembly should nominate Members to constitute the Friendship Group.
2. Revive the Amani forum that provides interactive sessions between Parliament and
other relevant ministries to discuss issues of national importance.
The Ministry of Foreign Affairs and International Trade should:
1. Establish stronger bi-lateral relations and negotiate strategic agreements with the Somali
Federal Government.
2. Activate its Somali Embassy in Mogadishu and open consular offices in Hargeisa,
Garowe and Kismayu as earlier planned.
3. Identify low cost high value adding sectors to support the Somali Federal Government
as a donor and international investor.
4. Broaden diplomatic engagements in Somalia to embrace Gulf States and the Islamic
political space; the same have considerable direct influence on the content and direction
of Somalia policy.
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REPORT OF THE WORKSHOP ON SOMALIA AND INTERNATIONAL BOUNDARIES. Page 24
5. Seek the activation of the Joint Cooperation Commission to promote closer diplomatic
ties between the two Countries.
The Office of the President should:
1. Take the necessary action against the Somali citizens in Kenya who have been using the
media to issue statements that are contrary to Kenya‟s policy on Somalia.
2. Establish a multi-sectoral institutional framework with own resource kitty to drive
broad-based strategic engagements in Somalia; focusing KDF rear operations, refugee
repatriation and resettlement and post conflict diplomatic, economic and technical
cooperation engagements.
3. Enhance cooperation and coordination of all security agents by constituting a
permanent team coordinated from a central point in order to defeat the Al-Shabaab
threats in the country.
4. Allow for the profiling, segregation and removal of Al-Shabaab operatives already in the
refugee camps and their support networks.
5. Put in place measures to stop radicalization of the youth through a multi-pronged
approach for instance involving scholars, clerics and policy leaders in civic education for
the youth. Further, measures should be put in place to rehabilitate and reabsorb these
youth back into the society.
6. Keep the public informed of the achievements made in the ongoing operations in
Somalia to counter the negative perceptions in the media.
7. Enhance security operations in notorious border points, sustain and intensify surveillance
by ensuring effective control of the entire length of the Kenya-Somalia Border. Further,
measures should be put in place to curb corruption among border security agents.
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8. Enhance civic awareness on the threat of terrorism, emphasizing the need for Kenya to
remain vigilant and report terror suspects as a way of managing the threats posed by
instability in Somalia.
9. Continue supporting international efforts to stabilize Somalia.
10. Cultivate clear ties with Somali leaders with a view to secure their support and
cooperation with regard to issues such as repatriation of refugees as well as reaching an
amicable settlement in the maritime dispute.
11. Form a team to audit the multi-lateral institutions Kenya is a member of and treaties she
is party to ensure her strategic objectives are being met for example IGAD and the
Rome Statute.
12. As part of AMISOM, re-negotiate sector allocation and redefinition to incorporate Gedo
region as part of Sector 2 dependant on a UN Security Council resolution to increase
troops.
13. Coordinate a consultative meeting between the relevant Ministries to set the timeline
for the Mapping of Kenya‟s borders. The National Assembly should allocate funds for
the mapping exercise.
14. Propose amendments to the District and Provinces Act (Cap 105A), National
Government Coordination Act, No. 1 of 2013 and the Maritime Zones Act (Cap 371) to
conform to the Constitution and current practices of International Maritime Law.
Closing Remarks
By the Hon. Ndung‟u Gethenji, MP - Chairperson, Departmental Committee on Defence
and Foreign Relations.
In his closing remarks, Chairperson, Departmental Committee on Defence and Foreign
Relations, thanked the Members, resource persons, the secretariat and other participants for
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Annex 12
Republic of Kenya, Ministry of Energy and Petroleum, Strategic Environmental and Social
Assessment of the Petroleum Sector in Kenya: Final Report (Dec. 2016)
Annex 12
EPUBLIC OF KENYA
MINISTRY OF ENERGY AND PETROLEUM
KENYA PETROLEUM TECHNICAL ASSISTANCE PROJECT
(KEPTAP)
FINAL REPORT
STRATEGIC ENVIRONMENTAL AND SOCIAL ASSESSMENT
OF THE PETROLEUM SECTOR IN KENYA
DECEMBER, 2016
Annex 12
SUBMITTED TO:
NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA)
Popo Road, South C, off Mombasa Road
P.O.BOX 67839-00200, Nairobi.
Fax :+(254)-020-6008997
Tel No. :020-2101370, 020-2183718, 020-2307281, 020-2103696
Mobile: 0724 253398, 0735 013046
Email: [email protected]
Through
MINISTRY OF ENERGY AND PETROLEUM
ATTENTION: PRINCIPAL SECRETARY, STATE DEPARTMENT OF PETROLEUM
24TH FLOOR, NYAYO HOUSE, SOUTH WING
POSTA STREET/KENYATTA AVENUE
NAIROBI, KENYA
Credit No.: 5526-KE
Contract No: KEPTAP/NEMA/CS-6
Annex 12
10
Figure 3: Kenya Oil and Gas Sedimentary Basins
1.9.2 Petroleum Exploration Blocks
In the Kenya Gazette Notice No. 3344 dated 13th May 2016, issued under the Petroleum
(Exploration and Production) Act, 1986 (Cap. 308), the Cabinet Secretary for Energy and
Petroleum constituted sixty-three (63) Petroleum Exploration Blocks of which thirty seven
(37) are located in the Lamu Basin, seven (7) in the Anza Basin, five (5) in the Mandera
Basin, and fourteen (14) in the Tertiary Rift Basin (MOEP, 2016). The public notice shows all
the blocks defined by their longitudes and latitude, their sizes and block maps. The Gazette
Notice No. 3974 of 2012 was revoked. Figure 4 and Table 3 below shows details of these oil
blocks.
Annex 12
11
Table 3: Kenya Oil Blocks and their Sizes
No. OIL BLOCK AREA (KM²)
MANDERA BASIN BLOCKS
1. BLOCK 1 23,797.79
2. BLOCK 1A 12,083.66
3. BLOCK 2A 7,801.72
4. BLOCK 2B 5,461.31
5. BLOCK 2BA 2,297.50
Sub-total for Mandera Basin 51,441.98
ANZA BASIN BLOCKS
6. BLOCK 3A 8,903.58
7. BLOCK 3AA 3,287.69
8. BLOCK 3B 9,081.83
9. Block 3BA 3,338.47
10. Block 9 15,781.95
11. Block 9A 15,848.82
12. BLOCK 10A 19,865.29
Sub-total for Anza Basin 76,107.63
TERTIARY RIFT BASIN BLOCKS
13. BLOCK 10BA 15,986.33
14. BLOCK 10BAA 5,527.48
15. BLOCK 10BB 6,172
16. BLOCK 10BC 6,794.3
17. BLOCK 11A 8248.29
18. BLOCK 11AA 3,751.23
19. BLOCK 11B 14,317
20. BLOCK 12A 15,390
21. Block 12AA 5,130
22. Block 12B 6,200
23. Block 12 BA 1,278.00
24. Block 13T 4,719
25. Block 14T 17,209.50
26. Block 15T 5,896
Sub-total for Tertiary Rift Basin 116,619.13
LAMU BASIN BLOCKS
27. BLOCK L1A 12,569.67
28. BLOCK L1B 12,197.99
29. BLOCK L2 11,680.88
30. BLOCK L3 8,960.84
31. BLOCK L4 5,664.50
32. BLOCK 4A 1,818.82
33. BLOCK L5 2,352.43
34. BLOCK L6 4,986.07
35. BLOCK L7 5,520.70
36. BLOCK L8 5,128.83
37. BLOCK L9 5,110.06
38. BLOCK L10 4,962.03
39. BLOCK L10B 5,585.35
Annex 12
12
No. OIL BLOCK AREA (KM²)
40. BLOCK L11A 5,008.72
41. BLOCK L11B 4,962.58
42. BLOCK L12 4,981.78
43. BLOCK L13 2,178.45
44. BLOCK L14 11,010.76
45. BLOCK L14A 3,672.63
46. BLOCK L15 2,331.03
47. BLOCK L16 3,619.79
48. BLOCK L17 1,274.69
49. BLOCK L18 3,532.56
50. BLOCK L19 8,802.31
51. BLOCK L19A 3,040.59
52. BLOCK L20 10,786.05
53. BLOCK L21 15,669.53
54. BLOCK L22 10,425.38
55. BLOCK L23 10,311.59
56. BLOCK L24 9,930.80
57. BLOCK L25 10,569.13
58. BLOCK L26 13,952.65
59. BLOCK L27 10,585.88
60. BLOCK L28 10,448.47
61. BLOCK L29 3,224.57
62. BLOCK L30 3,146.66
63. BLOCK L31 2,292.88
Sub-total for Lamu Basin 252,297.65
Source: Republic of Kenya, Ministry of Energy and Petroleum, 2016
Annex 12
13
Figure 4: Map showing oil Exploration Blocks in Kenya and Results of Drilled
Petroleum Exploration Wells in Various Basins and Exploration Blocks of
Kenya
1.9.3 Upstream Petroleum Life Cycle
The oil and gas extraction industry can be classified into four major processes exploration,
development, production and site abandonment and decommissioning) (see Figure 5 below).
Exploration: involves the search for rock formations associated with oil or natural gas
deposits, and involves geophysical prospecting and/or exploratory drilling.
Development: Occurs after exploration has located an economically recoverable field, and
involves the construction of one or more wells from the beginning either abandonment if no
hydrocarbons are found, or to well completion if hydrocarbons are found in sufficient
quantities. It also establishes the treatment systems needed to preserve the environment.
Annex 13
Letter from H.E. Githu Muigai, Attorney-General and the Agent of the Republic of Kenya,
to H.E. Mr. Philippe Couvrer, Registrar of the International Court of Justice, No. AG/
CONF/19/153/2VOL.IV (26 Sept. 2016)
Annex 13
REPUBLIC OF KENYA
OFFICE OF THE ATTORNEY-GENERAL
&
AG/CONF/19/153/2VOL.IV
H.E. Mr Philippe Couvreur
Registrar
International Court of Justice
Dear Registrar.
OEPARTMENT OF JUSTICE
26 th September 2016
In regard to Maritime Delimitation in the Indian Ocean (Son,a!ia v Kenya), the
Republic of Kenya has the honour herewith to submit its response to the two
questions posed by Judge Crawford to the Parties upon the conclusion of the second
round of oral pleadings on 23 September 2016 in the hearing on Kenya's Preliminary
Objections.
Preliminary Clarifications
In respect of the introductory statement in Judge Crawford's question that the Parties
"conducted negotiations" over maritime delimitation "without making any express
reservation as to the timeliness of such negotiations in terms of the penultimate
paragraph of the Memorandum of Understanding", it is necessary to make two
preliminary clarifications.
First, as set out in Kenya· s written and oral pleadings. 1 the penultimate paragraph of
the MOU requires finalization of a negotiated agreement after CLCS review. 2 It
1 POK, paras. 31, 46, 69, 73,116 and 146: CR2016/10 (Agent, p. 15, para. 10; Akhavan, pp.
20-21 para. I 8· Lowe. p. 64 para 17).
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Annex 13
obviously does not prohibit the Parties from concluding one or more interim
agreements that are subsequently finalized after the recommendation of the CLCS on
the terminus point of the outer continental shelf beyond 200 nautical miles.
Accordingly. negotiations between the Parties prior to the recommendation of the
CLCS, even if it resulted in one or more interim agreements on delimitation covering
some or all maritime areas in dispute, would still be subject to finalization under the
MOU's agreed procedure.
Second, as set out in Kenya's written and oral pleadings. the two technical meetings in
2014 were in fact held immediately after and directly because of Somalia's objection
to Kenya's CLCS submission and repudiation of the MOU as "null and void" in its
letter to the UN Secretary-General on 4 February 2014. 3 Prior to that, following the
Somali Parliament's 1 August 2009 vote purporting to reject the MOU, Somalia had
submitted a Note Verbale on 2 March 2010 to the UN Secretary-General, asserting
that the MOU was "non-actionable", but without specifically objecting to Kenya's
CLCS submission. 4 On 17 August 2011, Norway had submitted a letter to the UN
Secretariat noting that Somalia's Note Verbale of 2 March 2010 was "without legal
effects'' but had "created a new political situation casting doubt on the commitment
of [Somalia to the MOU] and creating doubts as to the capability of [Somalia] to
enter into legally binding international
commitments." 5 On 31 May 2013, following diplomatic efforts. the Parties agreed in
a Joint Statement to "work on a framework of modalities for embarking on maritime
demarcation" consistent with implementation of the MOU, indicating Somalia's
willingness to respect its commitments. 6 On 6 June 2013, however, Somalia reversed
its position and declared that it "does not consider it appropriate to open new
2 POK, Annex 1: M.emorandum of Understanding Kenya-Somalia, 2599 UNTS 35 (2009), p.
38: 'The delimitation of the maritime boundaries in the areas under dispute, including the
delimitation of the continental shelf beyond 200 nautical miles, shall be agreed between the
two coastal States on the basis of international law after the Commission has concluded its
examination of the separate submissions made by each of the two coastal States and made its
recommendations to two coastal States concerning the establishment of the outer limits of the
continental shelf bevond 200 nautical miles.'
3 POK, para. 98--102 and 109; CR 2016/10 (Muchiri, pp. 46-7, paras. 2, 7). See also letter
dated 12 February 2014 from the Head of the Legal and Host Country Affairs Directorate of
the Kenyan Ministry for Foreign Affairs to the Cabinet Secretary, Kenya's Judges' Folder
First Round. Tab 11.
4 POK, para: 77; referred to at paras. 3.40-3.41 of MS.
5 POK, para 81 and Annex 4.
6 POK, para. 88 and Annex 31.
Annex 13
discussions on maritime demarcation or limitations on the continental shelf with any
parties". 7 It was in this context that the agenda of the first meeting. initiated by
Kenya. [ncluded discussion of the MOU as the first agenda item. 8 Somalia, however,
immediately objected to any discussion of the MOU and demanded that it be
removed from the agenda because in its view the MOU was "void and of no effect". 9
Owing to Somalia's categorical rejection of the MOU. therefore. it cannot be said that
the two meetings in 2014 were held in order to implement the agreed procedures
under the MOU. The absence of an express reservation as to the timeliness in terms of
the penultimate paragraph of the MOU was thus irrelevant and cannot be construed
as subsequent conduct in interpreting the terms of the MOU. In fact. Kenya was
focused on a confidence-building process to persuade Somalia to withdraw its
objection to Kenya's CLCS submission and to gradually agree on a structure and
guiding principles for negotiations consistent with the MOU's agreed procedure. 10
Even if there had been a deviation from that procedure because of Somalia's
unwillingness to implement its commitments, it would have been subject to the
consent of Kenya, and would not have nullified or modified existing obligations
under the MOU.
In any event, on 4 August 2014, Kenya made clear that it was expecting Somalia to
eventually reverse its position on the MOU; Kenya underlined that, even though
"Somalia did not discuss the MOU during the first meeting", Kenya had "witnessed
friendlier attitude towards the MOU during the second meeting" held in July 2014. 11
In October 2014, Kenya also stressed that "it would be in the best interests of both
States as well as good international order that the Commission proceeds to consider
Kenya's submission at the earliest opportunity; precisely to allow the two States to
carry on with their delimitation of the continental shelf beyond 200 NM in the
7 POK, paras. 89-90.
8 POK para. 99; MS, Annex 31, p. 1.
9 POK para. 100; MS, Annex 24.
1° CR2016/10 (Muchiri, p. 47, para. 8); CR 2016/12 (Lowe, p. 33, para. 20).
11 POK, Annex 41. Dr. Karanja Kibicho, Confidential Note to the Director General of the
National Intelligence Service Regarding "Proposal for the Cabinet Secretary MF A and Ot~er
Senior Government Official to Visit Mogadishu to Discuss .Maritime Boundary Includmg
Lifting of Objection by Somalia on MOU Granting No Objection to Consideration of
Kenya's Submission", MFA.INT.8/15A (4 Aug. 2014).
Annex 13
manner originally envisioned in the 7 April 2009 MOU and the 19 August 2009
communication". 1:
Questions of Judge Crawford
Bearing this context in mind . Kenya provides the following response to the two
questions in regard to the two prelim inary technical meetings:
(1) The discussions covered all maritime zones. including the territorial sea, the
EEZ, and the continental shelf within and beyond 200 nautical miles, as
Somalia acknowledged in its Applintion.i3 This is apparent from the
discussion of Kenya's 1972 Territorial Waters Act. the 1989 Maritime Zones
Act, the 1979 and 2005 Presidential Proclamations on the EEZ, and the
range of the slides in the PowerPoint presentation covering all maritime
areas in dispute. 14 It is apparent from those slides that the discussions were
carried out at a high level of generality and Kenya observed that it required
further time for a proper presentation of its views. 15 In this regard, it should
also be noted that, at the first meeting. the Parties considered "several
options and methods for equitable delimitation, including bisector.
perpendicular, median and parallel of latitude" as potential maritime
boundaries, and that these methods were considered in regard to all
maritime areas in dispute. 16
l2. MS, Annex 50, p. 3 (emphasis added). Note Verbale from the Permanent Mission of the
Republic of Kenya to the United Nations to H.E . Ban Ki-Moon, Secretary-General of the
United Nations, No. 586/14 .
13 See Application, para . 30; see also MS, Annex 41, paras 2-3.
14 MS Annex 31, Joint report of the Government of the Republic of Kenya and the Federal
Republic of Somali on the Kenya-Somali maritime boundary meeting held on the 26th-27th
March. 2014 at the Ministry of Foreign Affairs and International Trade Nairobi, Kenya;
WSS, para 2.49; Somalia's Judges' Folder First Round.
15 Kenya's Judges' Folder First Round, Tab 12, Brief on a Meeting between the
Governments of the Republic of Kenya and the Federal Republic of Somalia on the
Maritime Boundary held on the 28th-29th July, 2014, Nairobi, Kenya, dated 8 August
2014, page 2, first paragraph (provided to the Court on 14 June 2016).
LiS MS, Annex 31, p. 6.
Annex 13
The Parties made progress at the first meeting and agreed on the "starting
point" for maritime delimitation, 17 and at the second meeting agreed to
reconvene with a view to agreement on a structure and guiding principles
for further discussions. 18There was no commitment or expectation that
negotiations would result in an agreed boundary for all maritime areas at
once. Given the complex circumstances prevailing between the Parties, it
was entirely possible that agreements, whether conceived as temporary or
permanent components of the boundary regime between Kenya and
Somalia, may have initially covered one or more maritime areas (such as
the territorial sea, or waters within, say, 50 nautical miles off the coast) and
with one or more purposes (such as law enforcement. anti-piracy patrols,
enforcement of fisheries regulations, scope of hydro-carbon exploration
licenses. joint development zones, etc.) before the conclusion of a
comprehensive, final agreement. There was. and is, no pressing need to
settle the entire maritime boundary immediately, whereas there was, and is,
a pressing need to agree upon practical arrangements of a provisional
nature for maritime enforcement in the waters close to the land boundary
between Kenya and Somalia. 19 Negotiations and agreements allow for such
flexibility and pragmatism.
Had the two technical meetings in 2014 been held pursuant to the MOU's
agreed procedure, such partial delimitation or practical arrangements
would have been entirely consistent with the penultimate paragraph of the
MOU. After the recommendation of the CLCS made a final agreement
possible, the Parties could either reaffirm the earlier partial agreements or
decide to modify them in favour of a new agreement. depending on the
circumstances prevailing at that time. In contrast, a final and binding
judicial decision would pre-empt an agreed delimitation; it would tie the
hands of the Parties and not allow for any measure of flexibility in arriving
1 i MS, para 3.50 and MS, Annex 31. pp. 3-4.
18 Kenya's Judges' Folder First Round, Tab 12, Brief on a Meeting between the Gove~~nts
of the Republic of Kenya and the Federal Republic of Somalia on the Mantrme
Boundarv held on the 28th-29th July, 2014, Nairobi, Kenya, dated 8 August 2014, page
2, first p~agraph (provided to the Court on 14 June 2016).
19 CR 2016/10 (Muigai, p. 15, para. 8; Akhavan, p. 23, para 25; Lowe, p. 63, para. 16); CR
2016/12 (Akhavan, p. 14, para 10; Muigai, p. 38, para 3).
Annex 13
at a mutually acceptable solution that takes into consideration a complex
and multidimensional situation. This was how Kenya envisaged the
implementation of the penultimate paragraph of the MOU and helps to
explain why Kenya regards litigation as an inappropriate and unhelpful
means of deciding on the maritime boundary in this case.
(2) As set out in Kenya's written and oral pleadings, it cannot be said that
Somalia negotiated in good faith during the two technical meetings in 2014
or that there were "meaningful negotiations" on delimitation of the
maritime boundary consistent with the jurisprudence of the Court. 20
Furthermore. as noted above, Somalia had clearly rejected its commitments
under the MOU such that the two technical meetings in 2014 cannot be
construed as subsequent conduct or any form of waiver among the Parties
in regard to their rights and obligations under the penultimate paragraph of
the MOU. Nor would any interim agreement on the maritime boundary
subject to finalization after the recommendation of the CLCS be inconsistent
with the agreed procedure under the MOU as explained above. It is
further noted that even if the parties agreed by mutual consent to conclude
a final agreement prior to CLCS recommendation, that would constitute a
subsequent agreement replacing the agreed procedure under the MOU. 21
To date there has been no such agreement and thus the MOU procedures
remain in force.
In regard to a possible waiver of rights under the MOU. Kenya has
consistently held the view, whether before or after Somali Parliament's
rejection of the MOU in 2009. 22 or during the 2014 technical meetings
despite Somalia's unwillingness even to discuss the MOU.23 as well as prior
20 North Sea Continemal Shelf (Germany v. Denmark/Netherland.~). Judgment. I.CJ. Reports
1969, p. 47. para. 85 (a); CR 2016/10 (Akhavan, p. 20, para. 17; Muchiri, pp. 46-51); POK,
r.aras 98-102, 109.
1 CR 2016/12 (Akhavan, p. 13, para. 7).
22 POK para. 72; MS, Annex 61, para. 95.
23 POK paras. 99-100 and 109.
Annex 13
to and immediately after Somalia's initiation of proceedings before the
Court. 24 that:
(a) The MOU remains legally binding upon the Parties; and
(b) The MOU requires a negotiated agreement. to be finalized after
CLCS recommendations. 25
Kenya therefore categorically rejects any suggestion that by initiating and
participating in the two technical meetings in 2014. it was waiving its rights
under the MOU to a recommendation of the Commission prior to a final
agreement with Somalia on maritime de;imitation.
Finally. Kenya underscores that irrespective of any purported waiver of a
right to a prior recommendation of the CLCS. there has manifestly been no
waiver of a right to a negotiated agreement as 'the method of settlement
under the MOU. In view of Kenya's reservation relating to agreed
procedures other than recourse to the Court under its Optional Clause
Declaration. the penultimate paragraph of the MOU by requiring a
negotiated agreement excludes the Court's jurisdiction irrespective of the
additional requirement of CLCS review.
As set out in its written and oral pleadings. Kenya's position in regard to
Part XV procedures is that CLCS recommendations prior to a final
agreement on maritime boundary delimitation constitutes a "time limit"
within the meaning of Article 281 of UNCLOS. 26 Nonetheless. that is not a
matter that is properly before the Court given that it has no bearing
whatsoever on whether either the MOU or the Part XV procedures,
separately or in combination, constitute an agreed method of settlement in
regard to the maritime boundary dispute within the meaning of Kenya's
reservation. Furthermore. Kenya maintains its position that the MOU
operates to exclude the Court's jurisdiction. such that it is not necessary to
24 POK, para. 104 and Annex 37: POK, para. 116 and Annex 43; paras. 119-22 and MS,
Annex 50; POK, paras. 124-5 and Annex 44.
25 See, eg, CR 2016/10 (Akhavan, pp. 20-1, para. 18; Lowe, p. 63, para. 13).
26 CR 2016/TO (Akhavan, p. 24, para. 31; Boyle, pp. 57-8, para. 20),
Annex 13
make a decision of wider application on the legal effect of Part XV
procedures in regard to States with similar reservations in regard to other
methods of settlement.
Please accept, Excellency. the assurances of my highest consideration.
Yours sincerely, _ _,,,,-;;7'
~ ~~~/
Githu /Muiga i, EGH, SC
Attorney-General and the Agent of the Republic of Kenya
Annex 14
Kenya Marine and Fisheries Research Institute, Kenya Coastal Development Project, Integrated
Coastal Biodiversity Management System: Fish Landing Sites (4 Oct. 2017), available at http://
icbims.kmfri.co.ke/maps/231/view
Annex 14
Annex 15
Kenya Marine and Fisheries Research Institute, Kenya Coastal Development Project, Integrated
Coastal Biodiversity Management System: Kenyan Coral Reefs (4 Oct. 2017), available at http://
icbims.kmfri.co.ke/maps/221/view
Annex 15
Annex 16
Letter from Amb. (Dr.) Amina Mohamed, Cabinet Secretary of Foreign Affairs of the Republic
of Kenya, to H.E. Abdusalam H. Omer, Minister of Foreign Affairs and Investment Promotion of
the Federal Republic of Somalia, No. MFA.INT.8/15A (18 May 2016)
Annex 16
I ch:pllo11i:: + 15..J2 0 J 18888
F.," • 25.J 211 22.JIIIIM J .J I '!35 .'.lH.l .B
l·-111 .iil· cn1nmpnii..:ation a mhi.g.o.kc
\\dh itc : ,, \\ ,, .rnfa.go.J...c
\\ hen repl, i1g1 pka~c quoli.,.!•{i:I".. o. ,md dale
MINISTRY OF FOREIGN AFFAIRS
111\RAMB EI·: /\VEN UE
P.O. BOX 3055 1-00 1110
NA IROBI. KEJ';YA
The Ministry of Foreign Affairs of the Republic of Kenya presents its
compliments to the Embassy of the Federal Republic of Somalia in
Nairobi and has the honour to forward herewith, a letter addressed
to H.E. Abdusalam H. Omer, the Minister of Foreign Affairs and
Investment Promotion of the Federal Republic of Somalia. The said
letter is from Amb. (Dr .) Amina Mohamed, the Cabinet Secretary for
Foreign Affairs of the Republic of Kenya.
The Ministry reques ts the es teemed E1nbass• ,r to convey the said
letter to the intended recipient.
The Ministry of Foreign Affairs of the Republic of Kenya avails itself
of this opportunity to renew to the Embassy of the Federal Republic
of Somalia the assurances of its highest consideration.
Nairobi, May 25, 2016
1 •
Embassy of the Federal Republic of Somalia
NAIROBI
-~;~ E11ben1 ol lllo Fad•r•I
Republic: ot Somefia
lh lro!:I, K"°'a
2 7 MAY2 016
RECElll 'En
,a. Box 623 • 00606 Sorlt Contrv
Annex 16
Telephone : +254-20-318888
Fax:+254-20-2240066 1341935 l344333
E~mail: [email protected]
Website: www.mfa.go.ke
When replying please quote
Excellency,
OFFICE OF THE CABINET SECRET ARY
MINISTRY OF FOREIGN AFFAIRS AND
INTERNAT IONAL TRADE
P.O. Box 30551--00 100
NAIROBI, KENYA
...............J ..~ .t~.M~Y~. .. 20l.Q.
I have the honour to convey warm greetings and best wishes to you
from the Republic of Kenya.
The Republic of Kenya and the Federal Republic of Somalia have a
long history of cordial relations characterized by various
commonalities including land and maritime boundaries. It is for
this reason that I write to you regarding the exploration of the
maritime area that is currently under contention by the two
countries.
As we both pursue an amicable solution to the outstanding dispute
on the maritime boundary, the two countries should continue to coexist
peacefully and cooperate in areas of mutu al interest, including
exploration of the maritime resources. Article 83(3) of the United
Nations Convention on the Law of the Sea (UNCLOS) provides that
pending agreement on delimitation of continental shelf between
stat es of opposite or adjacent coasts;
... the states concerned, in a spirit of understanding and
cooperat ion, shall make every effort to enter into provisional
· arrangements of a special nature and, during the transitional
period, not to jeopardize or hamper the reaching of the final
agreement. Su ch arrangements shall be without prejudice to the
final determination.
Annex 16
The Republic of Kenya, in respecting the above obligation, has acted
with restraint and the activities she has undertaken in the area
under contention have been solely of a transitory character in order
not to cause irreparable prejudice to Somalia, or to otherwise
jeopardize or hai-nper the conclusion of a final agreement.
In view of the above provision, the Republic of Kenya wishes to
reaffirm her willingness to discuss provisional arrangements of a
practical nature in relation to the area under contention, for the
benefit of both countries and without prejudice to the future
delimitation of the maritime boundary by agreement.
The Government of the Republic of Kenya therefore invites the
Government of the Federal Republic of Somalia for negotiations of
provisional arrangements contemplated by Article 83(3) of UN CLOS,
on a date and venue to be mutually agreed.
Please accept, Excellency, the assurances of my highest
con sideration .
Amb. (Dr.)~ EGH, CAV
CABINET SECRETARY
H.E. Abdusalam H. Omer
Minister of Foreign Affairs and
Investment Promotion
Federal Republic of Somalia
1 Mogadishu
Annex 17
U.N. Educational, Scientific & Cultural Organization, Intergovernmental Oceanographic
Commission, Training Course Report No. 89: ODINAFRICA: Marine Biodiversity Data
Mobilisation Workshop on Sponges, U.N. Doc. IOC/2006/TCR/89 (4-18 Nov. 2006)
Intergovernmental Oceanographic Commission
Training Course Report N° 89
ODINAFRICA:
Marine Biodiversity Data Mobilisation
Workshop on Sponges
Supported by the IOC and the Government of Flanders
Oostende, Belgium
November 4-18, 2006
UNESCO
Annex 17
20
General map, representing the distribution of all poriferan species
with a Masdea-context (dots on map)
Number and distribution of poriferan species in the African EEZs
0 2.500 5.000
Km
±
±
0 750 1.500
Km
Number of Poriferan species per EEZ
1 - 10
11 - 63
64 - 105
106 - 289
290 - 502
Annex 17
Annex 18
U.N. Educational, Scientific & Cultural Organization, Intergovernmental Oceanographic
Commission, Nineteenth Session of the IOC Committee on International Oceanographic Data
and Information Exchange (IODE-XIX): Ocean Data and Information Network for Africa
(ODINAFRICA), U.N. Doc. IOC/IODE-XIX/35 (22 Feb. 2007)
Annex 18
Limited distribution IOC/IODE-XIX/35
22 February 2007.
Original: English
INTERGOVERNMENTAL OCEANOGRAPHIC COMISSION
(of UNESCO)
Nineteenth Session of the IOC Committee on International Oceanographic Data
and Information Exchange (IODE-XIX)
Trieste, Italy, 12-16 March 2007
Ocean Data and Information Network for Africa
(ODINAFRICA)
EXECUTIVE SUMMARY
The Ocean Data and Information Network for Africa (ODINAFRICA) brings together marine related
institutions from twenty five (25) Member States of the Intergovernmental Oceanographic Commission of
UNESCO from Africa.The earlier phases of development of ODINAFRICA aimed at enabling member
states from Africa to get access to data available in other data centres, develop skills for manipulation of
data and preparation of data and information products, and develop infrastructure for archival, analysis and
dissemination of the data and information products. The goal of the current phase of ODINAFRICA is to
improve data flows into the national oceanographic data and information centres in the participating
countries, develop data and information products required for integrated management of the coastal areas of
Africa, and increase the delivery of services to end users.
The network has assisted the Member States to establish and operate National Oceanographic Data and
Information centres, and in particular: to get access to data available in other data centres, develop skills for
manipulation of data and preparation of data and information products, and develop infrastructure for
archival, analysis and dissemination of the data and information products. Each of the participating
institutions has developed a suite of data and information products that have been quality controlled, merged
and availed through project website (www.odinafrica.org). These include: Directories of marine and
freshwater professionals, Catalogues of marine related data sets, Marine Species data bases, library
catalogues, catalogue of marine related publications from/about Africa.
The three thematic work packages being implemented in the current phase of ODINAFRICA are: (i)
Coastal Ocean Observing System, focusing on upgrading and expanding African network of sealevel
stations, provision of near real-time observations of ocean variables, and building adequate capacity for
analysis and management of sea-state variables, (ii) Data and Information Management, focusing on
further development and strengthening of National Oceanographic Data Centres (NODC) to manage data
streams from the coastal ocean observing network, and Integrating biogeographic and hydrological data
steams into NODC systems, and (iii) Product Development and end user communication and
information delivery, focusing on identification of end users of marine/coastal data/information products
and their requirements, identification and development of set of core products to be prepared by each
NODC, development of the African Marine Atlases, improvement of atmospheric and oceanic monitoring
databases, promotion and dissemination of outputs of the project, and assessment of the impacts of products
on the end-user.
Annex 18
IOC/IODE-XIX/35
Page 18
limited! number! of! products! and! services,! and! develop! capacity! that! will! be! required! to! prepar
and!disseminate!them,!rather!than!stretching!the!limited!resources!available.!
e!
The!ODINAFRICA!Project!Steering!Committee!decided!that!the!focus!for!the!current!phase!would!
be!on:!
(i) development! of! marine! biodiversity! databases! for! the! five! taxa! identified! (mollusks,!
polychaetes,! echinoderms,! sponges,! stony! corals).! ODINAFRICA! will! organise! data!
compilation! workshops! to! cover! three! taxa,! while! collaboration! with! other! partners!
will!be!sought!for!the!other!two.!
(ii) Development!of!the!Marine!Atlas!
(iii) Development!of!national!NODC!websites!and!the!ODINAFRICA!websites!
(iv) Quality! control! and! availing! of! databases,! directories,! catalogues! and! other! products!
through!the!websites.!
!
Development!of!Marine!Biodiversity!Databases!
!
Participants!in!the!Marine!Biodiversity!Data!management!courses!held!in!Ostend,!Belgium!(April!
2005),! and! Mauritius! (August! 2005)! emphasised! the! need! to! immediately! commence! preparation!
of! inventories! of! experts,! datasets,! institutions,! and! species! lists.! Five! workshops,! each! lasting! 2"
weeks!will!be!organized!to!compile!input!for!the!OBIS!system!on!taxonomic!groups!of!particular!
importance! [data! entry].! Data! sources! (databases,! publications)! should! be! identified! on!
beforehand,!and!made!available!during!the!workshop.!
!
Marine! Molluscs! Database:! The! first! ODINAFRICA! Marine! Biodiversity! Data! Mobilization!
workshop!was!held! at! the!IODE! Project! Office!from!13"22!March!2006!and! focussed!on!molluscs.!
A! total! of! 6,460! records! on! Mollusca! were! entered! into! the! aphia"database.! The!majority! of! these!
species!belong!to!the!class!of!the!Gastropoda!(3,505!species!or!73%),!followed!by!1,105!species!(or!
23%)! belonging! to! the! class! of! the! Bivalvia.! Up! till! now,! only! 224! of! all! these! records! are!
considered!to!be!invalid!taxon!names.!For!82%!or!3,955!species,!the!authority!is!already!known!to!
the!database.!
When!further!analyzing!the!species!distributions!within!Africa,!the!highest!number!of!molluscan!
species!are!found!in!the!EEZs!of!Madagascar!(934),!Mauritius!(932),!Tanzania!(720)!and!Cape!
Verde!(704).!A!number!of!species!were!described!to!be!found!in!e.g.!the!Atlantic!and!Indian!
Ocean.!These!species!were!not!coupled!to!a!specific!EEZ!and!were!thus!not!comprised!in!this!
analysis.!
A!comparison!was!then!made!between!South",!East"!and!West"Africa.!The!following!conclusions!
could!be!made:!
- Most!molluscan!species!are!found!in!
East"Africa!(3184),!followed!by!1382!
species!in!West"Africa!and!407!
species!in!South"Africa!
- 165!species!are!shared!between!
South"!and!East"Africa,!104!between!
West"!and!East"Africa!and!29!
between!South"!and!West"Africa!
!
±
0 750 1.500
Km
Number of molluscan species per EEZ
1 - 42
43 - 127
128 - 219
220 - 512
513 - 934
Annex 19
U.N. Security Council, Report of the Secretary-General on the protection of Somali natural
resources and waters, U.N. Doc. S/2011/661 (25 Oct. 2011)
United Nations S/2011/661
Security Council Distr.: General
25 October 2011
Original: English
11-54051 (E) 261011
*1154051*
Report of the Secretary-General on the protection of Somali
natural resources and waters
I. Introduction
1. The present report is submitted pursuant to paragraph 7 of Security Council
resolution 1976 (2011), in which the Council requested me to report on the
protection of Somali natural resources and waters and on alleged illegal fishing and
illegal dumping, including of toxic substances, off the coast of Somalia. The
Council noted its concern that allegations of illegal fishing and dumping of toxic
waste have been used by pirates to justify their criminal activities.
2. The present report reviews information currently available relating to illegal
fishing and illegal dumping off the coast of Somalia and assesses the potential
environmental and economic costs for the country. It also examines the status of
Somalia’s natural resources and the corresponding legal framework on their
protection and exploitation. The report is based on existing research and on
contributions by United Nations departments, funds and programmes, as well as
field and expert interviews and inputs provided by Member States, regional
organizations and regional fisheries management organizations. Based on this
collated information, the report puts forward observations and recommendations for
policy, legal and programmatic action.
II. Somali natural resources and waters
A. Overview
3. Somalia is an arid to semi-arid country where 80 per cent of livelihoods are
directly dependent on the natural resources base. Livestock has traditionally been
the most important sector, while agriculture has provided staple and cash crops.
These livelihoods are supported further by the exploitation of the natural resource
base, such as charcoal production and trees for fodder. Despite strong environmental
awareness, especially by pastoralists who are the dominant land users, the country
suffers from critical levels of ecological degradation that may be difficult to reverse.
Some 30 per cent of the land (catchments, range areas and agricultural lands) is
considered degraded.
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S/2011/661
2 11-54051
4. Somalia possesses important biodiversity and a large number of species
exclusive to the Horn of Africa, which includes numerous varieties of flora and
fauna that have adapted to the arid conditions. Owing to the current environmental
situation and overexploitation, many of these species are endangered and their
habitats threatened.1 Much of the country’s once abundant and significant diversity
of wildlife is now endangered.
5. One of the conclusions of a global policy report released by the United Nations
Environment Programme (UNEP) in 2009 stated that “… the way that natural
resources and the environment are governed has a determining influence on peace
and security”.2 This conclusion holds especially true for Somalia given the scarcity
of natural resources and the level of resource-dependent livelihoods. Environmental
issues and the poor governance of natural resources are multisectoral and impact all
aspects of life. The lack of State control or governance results in widespread misuse
of Somalia’s natural resources, as well as restricted access and elite capture.
Degradation of natural resources is compounded by the effects of climate change,
increased population pressures, conflicts and rapid urbanization.
B. Livestock and agriculture
6. For centuries, pastoralism has been the dominant livelihood and source of
income for Somalia’s predominantly rural population; this includes both nomadic
and sedentary herding of cattle, sheep, goats and camels. Some 55 per cent of
households are based on pastoralism or agro-pastoralism,3 with livestock
contributing over 40 per cent of gross domestic product (GDP).4 More than 70 per
cent of the land area is dedicated to agriculture through rain-fed and irrigated
farming systems, and 24 per cent of households are based on agriculture.5
7. The prolonged civil war has seriously impacted livestock and agriculture. This
includes loss of productive assets, including livestock and irrigation equipment to
militias, as well as expulsion from farms, especially in the south. Knowledge of fruit
tree management and harvesting systems has largely gone with the displaced.
Agricultural production has also been affected by frequent droughts in 1987, 2000,
2004, 2008 and 2010-2011. Disputes over property and land rights have increased
owing to the growing scarcity of land. Land speculation and illegal enclosures in
common pasturelands are also on the rise, resulting in an increase in local
conflicts.6
__________________
1 Omuto, C. T. and others, “Land degradation assessment and a monitoring framework in
Somalia”, Technical Project Report L-14 (Nairobi, Food and Agriculture Organization of the
United Nations-Somalia Water and Land Information Management, 2009).
2 Available from http://www.unep.org/pdf/pcdmb_policy_01.pdf.
3 United Nations and World Bank Coordination Secretariat, Somali Joint Needs Assessment:
Productive Sectors and Environmental Cluster Report (2007). Available from
http://www.somali-jna.org/downloads/vol5_V.pdf.
4 International Union for Conservation of Nature, “Country Environmental Profile for Somalia”
(2006).
5 World Bank Country Profile. Available from http://data.worldbank.org/country/somalia
(accessed July 2011).
6 Independent Scholars Group, “Need to Address Pastoral Land Degradation and Increasing Rural
Conflicts in Somaliland”, Somaliland Times, Issue 473, February 2011. Available from
http://www.somalilandtimes.net/sl/2011/473/30.shtml.
Annex 19
S/2011/661
11-54051 5
2010 they only covered about 10.7 per cent.17 Similarly, a recent study records an
average rate of 27 per cent tree loss between 2001 and 2006 in north-eastern
Somalia.18 Old-growth acacia forests are cut down for charcoal and subsequently
replaced by thorn bushes, rendering the land unusable for grazing.
16. Increasing domestic demand for charcoal coupled with an increase in charcoal
exports in the 1970s resulted in alarming deforestation rates and led to a strictly
enforced export ban under the Siad Barre regime. The ban remained in place until
1996, when charcoal exports soared, providing hard currency for competing faction
leaders. The export ban was reimposed in 2000 and has been in effect albeit poorly
enforced, under changing transitional administrations. In December 2010, the
Transitional Federal Government reissued the ban. In response to government
efforts, traders have stopped shipping charcoal out of Mogadishu and Marka almost
entirely. However, the trade is booming in areas controlled by Al-Shabaab, mainly
out of Kismaayo port. Most of the charcoal is imported by neighbouring countries.19
It is estimated that Al-Shabaab currently generates between $70 million to
$100 million per year in revenue from taxation and extortion in areas under its
control, including from the export of charcoal and cross-border contraband into
Kenya,20 and between $35 million and $50 million per year from port revenues, of
which at least $15 million is based on the export of charcoal.21
17. The charcoal industry has significant implications on livelihood security,
exacerbating community conflicts and increasing vulnerability to drought. The
industry is a source of tension, particularly with clans who dominate the trade at the
expense of others. It is also a source of funding for militias. Most charcoal is made
between Baraawe and Kismaayo, an area where conflict over the charcoal trade has
turned violent.22 It is also one of the first areas where famine was declared in 2011.
This area’s extreme vulnerability stems in part from poor environmental
management, leading to desertification and water scarcity.
E. Marine resources
18. Stretching over 3,330 kilometres, Somalia has the longest coastline of
continental Africa and is part of one of the most important large marine ecosystems
in the Indian Ocean. The presence of a narrow continental shelf in this region along
the western Indian Ocean coupled with an upwelling, makes this area one of the
most productive in the Indian Ocean and an important breeding ground for many
migratory fish species. These factors, paired with a weak legal and institutional
framework and the inability of the Transitional Federal Government to enforce laws
__________________
17 World Bank Country Profile, op. cit.
18 Oduori, S. M., and others, “Detection of tree cutting in the rangelands of north-eastern Somalia
using remote sensing”, Technical Project Report L-15 (Nairobi, FAO-SWALIM, 2009).
19 Oduori, S. M., and others, “Detection of tree cutting”, op. cit.
20 Letter dated 18 July 2011 from the Chairman of the Security Council Committee pursuant to
resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea addressed to the
President of the Security Council (S/2011/433).
21 Ibid.
22 Baxter, Z., “Somalia Coal Production, Deforestation and the Recent Conflict”, Inventory of
Conflict and Environment — American University Case Study No. 201 (2007). Available from
http://www1.american.edu/ted/ice/somalia-coal.htm.
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S/2011/661
6 11-54051
within Somali waters, makes the area attractive for illegal, unreported and
unregulated fishing.
19. The marine fishery sector of Somalia is underdeveloped, though there is the
potential for longer-term growth. The sector is comprised of an artisanal component,
which operates in inshore areas and accounts for the largest share of the landings,
roughly 60 per cent. The inshore fishery is widely reported to be overexploited in
some areas. While accurate statistics are difficult to attain,23 recent data shows total
landings of approximately 18,000 tons annually.24
20. An industrial portion, of mostly foreign-flagged vessels, accounts for
approximately 40 per cent of total fishery production of Somalia.25 The offshore
pelagic fisheries have significant potential for development. Fisheries resources
within 200 nautical miles off the coast of Somalia have been conservatively
estimated to be capable of providing sustainable annual catches of 200,000 tons.26
Because of the known substantial pelagic fish resources, including tuna and
mackerel species which have high unit values, the long-term development of these
resources could be of vast importance to the economy and food security in the
region.
F. Legal and institutional framework for environmental and natural
resource management
21. There are a number of global and regional instruments that are relevant to
illegal fishing and illegal dumping off the coast of Somalia, described below. While
Somalia has signed various multilateral environment agreements, they are not
enforced.27 These instruments serve to affirm a country’s commitment to protecting
natural resources, and provide governments with a framework for domestic
implementation of more stringent environmental oversight.
22. Since the overthrow of the Siad Barre regime in 1991, there has been little or
no national framework for environmental and natural resource governance in
Somalia due to the absence of an effective central government. Environmental
affairs and the management of natural resources have been the remit of various
ministries over the years. Generally speaking, policy and legislation related to the
environment and natural resources is weak and outdated,28 with some national
sector policies and legislation dating back to the pre-war period. Furthermore,
without adequate support from enabling institutions, laws have not been enforced.
__________________
23 It is important to note that all statistics dealing with Somali fisheries and related activities have
very restricted utility as some limited data were gathered before the civil war of 1991, but, since
that time, it is not possible to provide statistics with confidence.
24 FAO Fishery Country Profile for Somalia (2005). Available from ftp://ftp.fao.org/FI/
DOCUMENT/fcp/en/FI_CP_SO.pdf.
25 FAO summary of fisheries and resource information for Somalia. Available from
http://www.fao.org/docrep/field/303859/3038590b.htm.
26 This information is based on several fish surveys conducted in the 1970s and 1980s.
27 United Nations and World Bank Coordination Secretariat, Somali Joint Needs Assessment,
op. cit.
28 International Union for Conservation of Nature, “Country Environmental Profile for Somalia”,
op. cit.
Annex 19
S/2011/661
11-54051 11
study by the University of British Columbia, fish catches in Somali waters in 2002
were about 60,000 tons, of which half were taken by foreign-flagged vessels.39
Conclusive information about the legality of those catches is unavailable.
39. The fisheries situation in Somalia is aggravated by a number of factors:
inadequate national fisheries management,40 poor governance,41 lack of dedicated
government resources and underdeveloped regional cooperation. Many of the
underlying conditions that enable illegal, unreported and unregulated fishing in
Somalia and elsewhere are further fuelled by lack of transparency and financial
incentives that allow illegal activities to go undetected or unaddressed. These
conditions must be addressed if governance is to be enhanced, outcomes improved
and inroads made to prevent, deter and eliminate illegal, unreported and unregulated
fishing.
40. According to a number of Somali and international observers, with the fall of
the Siad Barre regime, foreign-flagged industrial fishing trawlers began encroaching
on the resource-rich Somali waters. Local accounts purport that these vessels
frequently engaged in intentional collisions with local fishermen in Somali waters,
leading to the destruction of fishing gear, injuries and even deaths of local
subsistence fishers. According to a 2005 FAO estimate, approximately 700 foreignflagged
trawlers were engaged in illegal, unreported and unregulated fishing in and
around Somali waters.42 However, in the absence of monitoring and sanctions
mechanisms, these accounts remain unverified. The socio-economic and ecological
damage caused by the alleged illegal exploitation of Somalia’s marine resources
over the past two decades could be considerable. By some estimates, 50 per cent of
annual overall catch in the western Indian Ocean is fished illegally,43 a figure
potentially higher in the largely unmonitored waters off Somalia.
41. Guidance promulgated by IMO advises governments to ensure that fishing
vessels entitled to fly their flag do not engage in fishing activities within 200 miles
off the coast of Somalia and calls upon Member States operating naval forces in the
area to identify publicly any fishing vessels found to be doing so.
42. Somalia is one of the 18 signatory States to the Djibouti Code of Conduct,44
the IMO-led counter-piracy initiative for the Gulf of Aden and western Indian
Ocean. As part of the Djibouti Code implementation programme, IMO is planning to
assist Somalia in developing its maritime law enforcement capabilities and, ultimately,
to develop its ability to perform a range of coast guard functions, including
protection of fisheries.
43. There are reports that local warlords and officials from various Somali entities
have sold false fishing licences to foreign-flagged vessels. Somalis also report
observing foreign trawlers fishing in Somalia’s coastal waters. It is not clear whether
__________________
39 Available from http://www.seaaroundus.org/project.htm.
40 Broad guidance is contained in the Code of Conduct for Responsible Fisheries, article 7,
fisheries management, FAO (Rome, 1995).
41 Fishery governance has international, national and local dimensions. It includes legally binding
rules, such as national policies and legislation or international treaties, as well as customary
social arrangements. It is multiscale, covering long-term strategic planning and short-term
operational management and local fisheries as well as whole ecosystems.
42 Available from http://www.fao.org/fi/oldsite/FCP/en/SOM/profile.htm.
43 Agnew, DJ, and others, “Extent of Illegal Fishing”, op. cit.
44 See IMO, document C 102/14, annex, attachment 1.
Annex 19
S/2011/661
11-54051 17
C. Somali framework and national context
61. Although Somalia has signed a number of applicable international and regional
agreements, the Government and regional administrations lack implementation and
enforcement capacity. The challenges are enormous: political instability; inadequate
baseline data; absence of research and monitoring capabilities; weak technical
capacity; and lack of funding. Somalia’s lack of monitoring and law enforcement
capabilities makes it vulnerable to criminal activities, including the illegal dumping
of toxic waste.
62. The Kampala Process, an intra-Somali forum for the exchange of information
on counter-piracy and policy development, facilitated by the United Nations Political
Office for Somalia (UNPOS), in partnership with IMO and the United Nations Office
on Drugs and Crime, has been an effective mechanism to enhance information
sharing on measures to combat piracy in Somalia. The mechanism was also used by
UNPOS as a platform to discuss the present report with Somali interlocutors.
V. Observations
63. The overall evidence of illegal fishing and dumping of toxic waste remains to
be fully examined. Prevailing security and resource constraints have limited a
thorough examination of the evidence. In recent years, piracy off the coast of
Somalia has spread across large parts of the western Indian Ocean, far beyond
Somali fishing waters.62 Piracy and armed robbery at sea off the coast of Somalia
appear to have strong links to organized crime, employing increased levels of
violence and using transnational financing channels.63 More robust investigations
need to be carried out by the Transitional Federal Government in collaboration with
INTERPOL, EUROPOL and other crime-fighting agencies.
64. In addition to investigating past violations, it would be prudent to focus on
protecting Somalia’s natural resources and preventing their illegal exploitation. If
Somalia’s natural resource base continues to decline, it would pose a further
challenge to political stability as well as much needed development initiatives.
65. The recently agreed transitional road map contains important measures that
would help to address potential illegal, unreported and unregulated fishing. I call on
the Transitional Federal Government, working in tandem with the Transitional
Federal Parliament, to declare an exclusive economic zone off the Somali coast in
accordance with the United Nations Convention on the Law of the Sea, and as
agreed in the road map. Such a proclamation, together with the adoption of enabling
legislation, would clarify the legal basis for the protection of the sovereign rights of
Somalia with respect to natural resources and its jurisdiction over the marine
environment.
66. The United Nations, together with the African Union and the African Union
Mission in Somalia, is working hard to support the Government of Somalia to
reform its security sector and build up an adequate police force. Discussions are
__________________
62 According to the Indian Ocean Tuna Commission, between 2008 and 2009, of all reports of
piracy off the coast of Somalia, only 13 attacks and four successful hijackings were carried out
against fishing vessels.
63 Interviews of convicted pirates carried out by the United Nations Office on Drugs and Crime.
Annex 19
Annex 20
U.N. Security Council, Resolution 2036 (2012), U.N. Doc. S/RES/2036 (22 Feb. 2012)
United Nations S/RES/2036 (2012)
Security Council Distr.: General
22 February 2012
12-23847 (E)
*1223847*
Resolution 2036 (2012)
Adopted by the Security Council at its 6718th meeting, on
22 February 2012
The Security Council,
Recalling all previous resolutions on the situation in Somalia, in particular
resolution 2010 (2011), as well as other relevant Presidential Statements and
resolutions on protection of civilians in armed conflict, women and peace and
security, and children and armed conflict,
Reaffirming its respect for the sovereignty, territorial integrity, political
independence and unity of Somalia, and reiterating its commitment to a
comprehensive and lasting settlement of the situation in Somalia,
Reiterating its full support for the Djibouti Peace Process and the Transitional
Federal Charter which provide the framework for reaching a lasting political
solution in Somalia, reiterating its support for the Kampala Accord and the
Roadmap to End the Transition (the “Roadmap”), and stressing the need for
reconciliation, dialogue and broad-based, inclusive and representative Somali
institutions,
Stressing the primary responsibility of the Transitional Federal Institutions to
implement the Roadmap, welcoming the progress to date, including the commitment
shown by the Garowe Principles, but expressing concern that many of the deadlines
for the completion of the tasks in the Roadmap have been missed which may delay
the full implementation of the Roadmap,
Urging the Transitional Federal Institutions and all Roadmap signatories to
redouble their efforts to fully implement the Roadmap with the support of United
Nations Political Office for Somalia (UNPOS) and the international community, and
noting that future support to the Transitional Federal Institutions for the remainder
of the transitional period, would be contingent upon progress in completing the
tasks in the Roadmap,
Stressing the need for the Transitional Federal Government, with the support
of the African Union Mission to Somalia (AMISOM), and as a matter of urgency, to
build an enhanced level of security in areas secured by AMISOM and the Somali
security forces, and to build sustainable administrative structures in these areas,
Annex 20
S/RES/2036 (2012)
2 12-23847
Noting that the transitional period in Somalia will end on 20 August 2012,
emphasising that any further extension of the transitional period would be untenable
and calling upon Somali parties to agree inclusive and representative posttransitional
arrangements, in line with the Djibouti Agreement,
Stressing the need for further efforts to fight corruption, promote transparency
and increase mutual accountability in Somalia, and in this regard welcoming
initiatives aimed at the more transparent and accountable management of Somali
assets and internal and external financial resources to maximise public revenues for
the benefit of the Somali people,
Stressing the need for a comprehensive strategy in Somalia to address the
political, economic, humanitarian and security problems in Somalia and the problem
of piracy, including hostage taking, off the coast of Somalia through the
collaborative efforts of all stakeholders, reiterating their full support to the
Secretary-General and his Special Representative, Augustine P. Mahiga in this
regard, and for their work with the African Union and international and regional
partners,
Recognising that peace and stability in Somalia depend on reconciliation and
effective governance across the whole of Somalia and urging all Somali parties to
renounce violence and to work together to build peace and stability,
Welcoming the London Conference on Somalia, to be held on 23 February
2012, where coordinated international action to address the political, security,
justice, stability, and piracy problems in Somalia, as well as humanitarian issues,
will be further enhanced, and welcoming the upcoming Istanbul Conference on
Somalia,
Expressing grave concern at the dire humanitarian situation in Somalia, and its
impact on the people of Somalia, in particular on women and children, and calling
on all parties to ensure full and unhindered access for the timely delivery of
humanitarian aid to persons in need of assistance across Somalia, consistent with
humanitarian, human rights and refugee law,
Reiterating its condemnation of all attacks on the Transitional Federal
Government, the African Union Mission in Somalia (AMISOM), United Nations
personnel and facilities, and the civilian population by armed opposition groups, and
foreign fighters, particularly Al Shabaab, and stressing that Somali armed
opposition groups and foreign fighters, particularly Al Shabaab, constitute a terrorist
threat to Somalia, and the international community,
Noting the announcement that Al Shabaab has joined Al Qaeda, stressing that
there should be no place for terrorism or violent extremism in Somalia and
reiterating its call upon all opposition groups to lay down their arms,
Commending the contribution of AMISOM to lasting peace and stability in
Somalia and efforts to bring stability and security to Mogadishu, expressing its
appreciation for the continued commitment of troops and equipment to AMISOM by
the Governments of Burundi and Uganda, and for the newly deployed troops from
the Government of Djibouti and recognising the significant sacrifices made by
AMISOM forces,
Welcoming the willingness of the Government of Kenya for Kenyan forces to
be incorporated into AMISOM and so to contribute to the implementation of
Annex 20
S/RES/2036 (2012)
12-23847 3
AMISOM’s mandate as set out in paragraph 9 of resolution 1772 (2007) and this
resolution, stressing the importance of the prompt deployment of new AMISOM
forces to reach its mandated level, and calling on other African Union Member
States to consider contributing troops and provide support to AMISOM,
Welcoming the work of the joint African Union and United Nations Technical
Assessment Mission on AMISOM, noting the agreement by the African Union Peace
and Security Council on a AMISOM Strategic Concept of 5 January 2012, and
welcoming the Secretary-General’s Special Report on Somalia (S/2012/74),
Recalling its authorisation in paragraph 1 of resolution 2010 (2011) that the
Member States of the African Union maintain the deployment of AMISOM until
31 October 2012, and that AMISOM is authorised to take all necessary measures to
carry out its existing mandate as set out in paragraph 9 of resolution 1772 (2007),
Recalling paragraph 5 of resolution 2010 (2011) and noting its intention to
review the force level of AMISOM when the mission reaches its mandated level of
12,000,
Expressing concern that charcoal exports from Somalia are a significant
revenue source for Al Shabaab and also exacerbate the humanitarian crisis,
Recalling its resolutions 1950 (2010), 1976 (2011), and 2020 (2011)
expressing its grave concern at the threat posed by piracy and armed robbery off the
coast of Somalia, recognising that the ongoing instability in Somalia contributes to
the problem of piracy and armed robbery at sea off the coast of Somalia, stressing
the need for a comprehensive response to tackle piracy, and hostage taking, and its
underlying causes by the international community and the Transitional Federal
Institutions and welcoming the efforts of the Contact Group for Piracy off the Coast
of Somalia, States and international and regional organisations,
Stressing the need to investigate, prosecute, and to imprison when duly
convicted pirates and those who illicitly finance, plan, organise, or unlawfully profit
from pirate attacks,
Welcoming the relocation of the Secretary-General’s Special Representative to
Somalia and an UNPOS office to Mogadishu and encouraging the United Nations to
take further steps to achieve a more permanent and full relocation to Somalia, in
particular Mogadishu, consistent with the security conditions, as outlined in the
Secretary-General’s reports (S/2010/447) and (S/2009/210),
Determining that the situation in Somalia continues to constitute a threat to
international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that in addition to the tasks set out in paragraph 9 of resolution
1772 (2007) AMISOM shall include establishing a presence in the four sectors set
out in the AMISOM strategic Concept of 5 January, and AMISOM shall be
authorised to take all necessary measures as appropriate in those sectors in
coordination with the Somali security forces to reduce the threat posed by
Al Shabaab and other armed opposition groups in order to establish conditions for
effective and legitimate governance across Somalia, further decides that AMISOM
shall act in compliance with applicable international humanitarian and human rights
Annex 20
S/RES/2036 (2012)
4 12-23847
law, in performance of this mandate and in full respect of the sovereignty, territorial
integrity, political independence and unity of Somalia;
2. Requests the African Union to increase AMISOM’s force strength from
12,000 to a maximum of 17,731 uniformed personnel, comprised of troops and
personnel of formed police units;
3. Reiterates that regional organisations have the responsibility to secure
human, financial, logistical and other resources for the work of their organisations,
including through contributions by their members and support from partners,
welcomes the valuable financial support provided by the African Union’s partners to
AMISOM, including through bilateral support programmes and the African Peace
Facility of the European Union, and calls upon all partners, in particular new
donors, to support AMISOM through the provision of equipment, technical
assistance, funding for troop stipends, and uncaveated funding to AMISOM to the
United Nations Trust Fund for AMISOM;
4. Decides to expand the logistical support package for AMISOM, referred
to in paragraphs 10 and 11 of resolution 2010 (2011), and as described in the
Secretary-General’s letters (S/2009/60 and S/2011/591) to the President of the
Security Council, from a maximum of 12,000 uniformed personnel to a maximum of
17,731 uniformed personnel, until 31 October 2012, ensuring the accountability and
transparency of expenditure of United Nations funds as set out in paragraph 4 of
resolution 1910 (2010);
5. Recalls its request to the Secretary-General in paragraphs 10 and 12 of
resolution 1863 (2009) related to transparency and proper accountability for
resources provided to AMISOM, and requests that equal attention to resource
transparency, accountability, and internal controls be applied to the additional UN
support measures authorised to be provided to AMISOM and its troop contributing
countries in this resolution and the annex of this resolution;
6. Decides on an exceptional basis and owing to the unique character of the
mission, to expand the logistical support package for AMISOM to include the
reimbursement of contingent owned equipment including force enablers and
multipliers as described in paragraphs 28 through 36 and 43 of the Secretary-
General’s Special Report on Somalia (S/2012/74) and as set out in the annex to this
resolution;
7. Stresses the importance of stabilising areas secured by AMISOM and the
Somali security forces, calls upon all Somali stakeholders, with the support of the
UN, the African Union and the international community, to promote reconciliation,
law and order, the delivery of basic services and strengthen governance at district,
regional, state and federal levels, including by supporting the delivery of
Stabilisation Plans developed by Intergovernmental Authority on Development
(IGAD) and the Transitional Federal Government;
8. Requests the Secretary-General to continue to provide technical and
expert advice to the African Union in the planning, deployment and management of
AMISOM, through the United Nations Office to the African Union, including on the
implementation of the AMISOM Strategic Concept and the AMISOM Concept of
Operations;
Annex 20
S/RES/2036 (2012)
12-23847 5
9. Reiterates its request to the United Nations to work with the African
Union to develop a guard force of an appropriate size, within AMISOM’s mandated
troop levels, to provide security, escort and protection services to personnel from the
international community, including the United Nations, as appropriate and without
further delay;
10. Welcomes the intention of new troop contributing countries to contribute
to AMISOM and stresses that all new troops shall be integrated fully into the
AMISOM command and control structures, and shall operate in accordance with
AMISOM’s mandate as set out in paragraph 9 of resolution 1772 (2007) and this
resolution;
11. Stresses that coordinated action by all contributors is critical for the
peace, security and stability of Somalia and the region, and calls on other African
Union Member States to consider contributing troops to AMISOM in order to help
create the conditions when Somalia can be responsible for its own security;
12. Recognizes the importance of strengthening the capacity of regional and
sub-regional organizations in conflict prevention, crisis management and postconflict
stabilization, and calls upon the African Union and donors to continue to
work together to further enhance the effectiveness of African peacekeeping;
13. Recalls paragraph 13 of resolution 2010 (2011);
14. Emphasises that the development of the Somali security forces is vital to
ensure Somalia’s long term security and stability, requests AMISOM to continue to
expand its efforts to help develop the capacity and effectiveness of the Somali
security forces, urges Member States, regional, and international organisations to
work with in coordination with AMISOM to provide coordinated assistance, training
and support and welcomes in this regard the training of Somalia security forces
through the bilateral support programmes of Member States and the European Union
Training Mission for Somalia (EUTM);
15. Notes the important role an effective police presence can play in the
stabilisation of Mogadishu, stresses the need to continue to develop an effective
Somali police force and welcomes the desire of the African Union to develop an
operational police component within AMISOM;
16. Demands that all parties and armed groups take appropriate steps to
ensure the safety and security of humanitarian personnel and supplies, and further
demands that all parties ensure full and unhindered access for the timely delivery of
humanitarian aid to persons in need of assistance across Somalia, consistent with
humanitarian, human rights and refugee law;
17. Recalling its resolutions 1674 (2006), 1738 (2006) and 1894 (2009) on
the protection of civilians in armed conflict, welcomes the progress made by
AMISOM in reducing civilian casualties during its operations, urges AMISOM to
continue to undertake enhanced efforts in this regard, commends AMISOM’s
commitment to establish a Civilian Casualty Tracking, Analysis and Response Cell
(CCTARC), as referenced in the Secretary-General’s Report on Somalia
(S/2011/759) of 9 December 2011, and calls on international donors and partners to
further support the establishment of a CCTARC;
Annex 20
S/RES/2036 (2012)
6 12-23847
18. Welcomes the endorsement by AMISOM of the 2011 indirect fire policy
and encourages AMISOM to adapt and implement this policy for all new troops and
assets;
19. Recalls the Council’s decision in resolution 1844 (2008) and welcomes
the determination by the international community, including the African Union, to
take measures against both internal and external actors engaged in actions aimed at
undermining the peace and reconciliation process in Somalia, including the
Roadmap, as well as the efforts of AMISOM and the Somali security forces;
20. Underlines its intention to keep the situation on the ground under review
and to take into account in its future decisions progress by AMISOM in meeting the
following objectives:
(a) Consolidation of security and stability throughout south central Somalia,
including key towns, by the Somali security forces and AMISOM, on the basis of
clear military objectives integrated into a political strategy;
(b) Effective regional coordination and cooperation on security issues by
AMISOM;
(c) Assistance in the development of effective Somali security forces, with
integrated units under a clear command and control structure and in coordination
with the international community;
21. Requests the African Union to keep the Security Council regularly
informed, through the Secretary-General, on the implementation of AMISOM’s
mandate, including on the implementation of paragraphs 1 and 2 in this resolution
and on the new command and control structure and integration of forces under this
structure and report to the Council, through the provision of written reports, no later
than 30 days after the adoption of this resolution and every 60 days thereafter;
22. Decides that Somali authorities shall take the necessary measures to
prevent the export of charcoal from Somalia and that all Member States shall take
the necessary measures to prevent the direct or indirect import of charcoal from
Somalia, whether or not such charcoal originated in Somalia; further decides that all
Member States shall report to the Security Council Committee established pursuant
to resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea (“the
Committee”) within 120 days of the adoption of this resolution on the steps they
have taken towards effective implementation of this paragraph; and requests the
Monitoring Group re-established pursuant to resolution 2002 (2011) to assess the
impact of the charcoal ban in its Final Report;
23. Decides that the mandate of the Committee shall apply to the measures in
paragraph 22 above; decides that the Monitoring Group’s mandate shall likewise be
expanded; and considers that such commerce may pose a threat to the peace,
security, or stability of Somalia, and therefore that the Committee may designate
individuals and entities engaged in such commerce as subject to the targeted
measures established by resolution 1844 (2008);
24. Decides to remain actively seized of the matter.
Annex 20
S/RES/2036 (2012)
12-23847 7
Annex
In accordance with paragraph 6 of this resolution, on an exceptional basis and
due to the unique character of AMISOM, the UN logistical support package for
AMISOM shall be extended for a maximum of 17,731 uniformed personnel and 20
AMISOM civilian personnel based in AMISOM headquarters until 31 October 2012,
in line with the recommendation in paragraphs 29 and 43 of the Secretary-General’s
Special Report on Somalia (S/2012/74), which includes the provision of explosive
threat management capacity, level II medical facilities and the reimbursement of
contingent owned equipment (COE).
Eligible COE will include standard enablers and multipliers within the land
component, and an aviation component of up to a maximum of 9 utility helicopters
and 3 attack helicopters.
COE reimbursement should conform to UN rates and practices, including the
direct transfer of funds to troop contributing countries (TCCs) as appropriate, and
periodic reviews to ensure full operational capability. Letters of Assist (LOAs)
should be negotiated with TCCs for equipment not covered under the UN COE
framework including the aviation specified above.
As noted in paragraph 29 of the Secretary-General’s Special Report on
Somalia (S/2012/74), only equipment deployed by the TCCs and considered owned
by TCCs should be reimbursed. Equipment gifted or donated to TCCs, AMISOM,
the African Union or where the ownership still remains with the donor are not
eligible for reimbursement.
Annex 20
Annex 21
U.N. Monitoring Group on Somalia and Eritrea, Report of the Monitoring Group on
Somalia and Eritrea pursuant to Security Council resolution 2002 (2011), U.N. Doc.
S/2012/544 (13 July 2012)
Annex 21
United Nations
(~) Security Council
~
Distr.: General
13 July 2012
~ Original: English
Letter dated 11 July 2012 from the Chair of the Security Council
Committee pursuant to resolutions 751 (1992) and 1907 (2009)
concerning Somalia and Eritrea addressed to the President of the
Security Council
On behalf of the Security Council Committee pursuant to resolutions 751
(1992) and 1907 (2009) concerning Somalia and Eritrea, and in accordance with
paragraph 6 (m) of Security Council resolution 2002 (2011), I have the honour to
transmit herewith the report on Somalia of the Monitoring Group on Somalia and
Eritrea (see annex).
In this connection, the Committee would appreciate it if the present letter,
together with its enclosure were brought to the attention of the members of the
Security Council and issued as a document of the Council.
(Signed) H. S. Puri
Chairman
Security Council Committee pursuant to
resolutions 751 (1992) and 1907 (2009)
concerning Somalia and Eritrea
S120121544
- :--. Please recycle@ •[•!.]. . . .
• I •
Annex 21
S/2012/544
224 12-37640
Annex 5.2.: Foreign Military Operations in Somalia
1. During the course of the mandate Ethiopia, Kenya and Djibouti have all conducted bilateral
large-scale military deployments to Somalia and operations on Somali territory. These operations have
generally been undertaken with the consent – whether explicit or tacit – of the TFG, but without prior
authorization from the Committee. The Monitoring Group considers any such deployment, involving
armed personnel, vehicles, aircraft operations and military supplies, to constitute a potential violation
of the general and complete arms embargo on Somalia.
2. Similarly, Unmanned Aerial Vehicles (UAVs) routinely operate in Somali airspace. Although the
United States Government has officially informed the Monitoring Group that it provided “a small
number of Unmanned Aerial Systems to AMISOM”,1 AMISOM has expressed its concern about
unidentified UAV operations in Mogadishu in an official letter sent to its main partners in February
2012.2
AMISOM’s updated strategic concept of operations
3. On 5 January 2012, the Peace and Security Council of the African Union held its 306th meeting
in Addis Ababa, Ethiopia and adopted AMISOM’s new strategic concept of operations, which
includes the following: 3
(a) Increase of UN-supported armed personnel from 12,000 to 17,731;
(b) Deployment of Djiboutian troops and “re-hatted Kenyan troops”;
(c) Extension of AMISOM’s area of operations to four sectors, including the areas “liberated”
by the Ethiopian army “in view of the urgency of the stated intent of Ethiopia to withdraw
from those areas”.
4. AMISOM’s strategic concept of operations was endorsed on 22 February by Security Council
resolution 2036 (2012). The resolution expresses “its appreciation for the newly deployed troops from
the Government of Djibouti” and welcomes “the willingness of the Government of Kenya for Kenyan
forces to be incorporated into AMISOM”. It also authorizes AMISOM to establish a presence “in the
four sectors set out in the AMISOM strategic Concept of 5 January”, and approves an increase of the
force’s strength to 17,731, as proposed by the African Union.
5. However, resolution 2036 (2012) also stresses that “all new troops shall be integrated fully into
the AMISOM command and control structures”, and requests the African Union to keep the Security
Council informed with respect to the implementation of AMISOM’s mandate “and on the new
command and control structure and integration of forces under this structure.”
__________________
1 Letter to the Monitoring Group, 7 May 2012.
2 Letter from AMISOM Force Commander, 21 February 2012.
3 PSC/PR/COMM.(CCCVI), 5 January 2012.
Annex 21
S/2012/544
12-37640 225
AMISOM Sectors
Kenyan military operations in Somalia: Operation ‘Linda Nchi’
6. Kenya’s current military intervention in Somalia was preceded by a secret operation named
“Operation Linda Mpaka” in early 2010.4 According to the Kenyan Defence Forces (KDF), the
operation was aimed at preventing “Al-Shabaab, pirates and contraband from entering the country
[Kenya].”5 Although not stated as an objective, the operation also acted to curb the movement of
Somali refugees into Kenya.
7. “Operation Linda Nchi”6 was launched on 16 October 2011 as a “joint Kenyan-Somali
operation”, ostensibly in response to a spate of cross-border kidnappings from Somalia, although
__________________
4 See Attachment 5.2.a. for “Operation Linda Mpaka” operations map.
5Restricted Directorate of Military Intelligence document obtained by the Monitoring Group.
6 Kiswahili for “Protect the Nation”.
Annex 21
S/2012/544
226 12-37640
evidence suggests that KDF may have been planning this operation as far back June 2011.7 Invoking
the nation’s right to self-defence under Article 51 of the UN Charter, the Kenyan Government
deployed an infantry battalion with air, armour and artillery support, across the Somali border from
Liboi, entering the town of Doobley in Lower Jubba region.8 The operation’s objectives include the
establishment of a secure, temporary buffer zone approximately 100km deep inside Somalia; the
removal of Al-Shabaab from the southern Somali ports, including Kismaayo, from which the group
generates much of its revenue; and the establishment of inclusive “political and administrative
arrangements in the liberated areas at the district and regional levels” in the Jubba Valley.9
8. On 20 October 2011, the KDF reportedly conducted airstrikes against alleged Al-Shabaab’s
positions around the town of Raas Kaambooni in Lower Jubba region, and subsequently entered the
town with a force of approximately 300 soldiers, forcing Al-Shabaab to flee.10 On 21 October, Kenyan
military spokesman Major Emmanuel Chirchir reported that Kenyan forces had secured Oddo and
Kolbio towns along the border. A company of Kenyan troops advanced from Oddo to Burgaabo and
another from Kolbio to Badhaadhe. A third company advanced on Hayo town.11 On 27 October,
Busaar in Gedo region was under Kenyan control while KDF troops continued to advance on
Buurahache12. On 31 October 2011, Al-Shabaab militants evacuated areas surrounding the airstrip in
Baidoa, the capital of Bay region. By the end October 2011, in the face of the KDF’s advance and
Ethiopian incursions further to the north (see below), Al-Shabaab had withdrawn from parts of Gedo,
Bay, Middle Jubba, and Lower Jubba regions.
9. In early November 2011, due to heavy seasonal rains, the KDF’s progress into southern Somalia
slowed and then stalled. Unable to advance, the force instead concentrated on consolidating its control
of areas already occupied, launching a door-to-door search for Al-Shabaab militants in Raas
Kaambooni, Munarani, Burgaabo, Taabta, Qoqaani, Dhoobley and Busaar.13
__________________
7 Restricted Directorate of Military Intelligence document obtained by the Monitoring Group that cites a reference to an
“Annex A to C Brief, June 2011”.
8http://newsone.com/world/associatedpress3/kenyan-army-invades-somalia.
9 “Communique of the 20th Extra-Ordinary Session of the IGAD Assembly of Heads of State and Government on the
Situation in Somalia, the Republic of South Sudan, IGAD Minimum Integration Plan and Piracy off the Coast of Somalia”,
Addis Ababa, Ethiopia, 27 January 2012.
10 http://www.raxanreeb.com/?p=115892 http://www.shabelle.net/article.php?id=11743“Kenya Reportedly Didn’t Warn
U.S. of Somalia Incursion,” New York Times, October 20, 2011;
http://www.nytimes.com/2011/10/21/world/africa/americans-given-no-warni….
html.
11“US Planes Join Kenyan Battle,” Daily Nation, October 22, 2011. Available:
http://www.nation.co.ke/News/US+planes+join+Kenyan+battle/-/1056/126002…
“Kenya Sends More Troops to Somalia, 10 AU Soldiers Killed,” Reuters, October 21, 2011. Available:
http://www.reuters.com/article/2011/10/21/us-kenya-somalia-idUSTRE79K5T….
12 “9 Shabaab Men Killed in Battle with Kenyan Army,” Daily Nation, October 27, 2011. Available:
http://www.nation.co.ke/News/9+Shabaab+men+killed+in+battle+with+Kenya+…-
/index.html.
13 http://www.nation.co.ke/News/Allies+hunt+Shabaab+fighters+door+to+door+….
Annex 21
S/2012/544
12-37640 227
10. On 20 November 2011, Al-Shabaab militants ambushed a joint Kenyan-Somali convoy near
Dhoobley. A senior Somali military officer, Abdikarim Ali Yusuf, reported that four Al-Shabaab
militants were killed and one was captured; Al-Shabaab, however, claimed that it had destroyed two
of six military vehicles and killed eight Kenyan troops.14 On 22 November 2011, Al-Shabaab militants
ambushed ‘Somalia National Army’ troops (probably members of the Azania militia group) between
Hayo and Qoqaani.15 The increasing tempo of attacks by Al-Shabaab during the month November
may have also contributed to the slow ground progress of Kenyan and allied Somali forces, by
keeping them engaged behind their own frontlines.
11. In December 2011, Kenya continued to conduct airstrikes targeting Al-Shabaab positions. On
2 December 2011, Kenyan aircraft targeted an Al-Shabaab base in Eel Adde village near Baardheere
in Gedo region. According to Al-Shabaab’s military spokesman, Sheikh Abdul Aziz Abu Mus’ab, jets
dropped six bombs, killing four civilians and injuring 35 others. However, the TFG-appointed
governor of Gedo region, Mohamed Abdi Khalil, rejected Al-Shabaab’s claim and stated that nine
Al-Shabaab militants had been seriously injured in the airstrikes.16
12. On 6 December 2011, the Kenyan Cabinet approved a request from the African Union that
Kenyan forces be deployed under AMISOM auspices. A Kenyan statement read: “The Cabinet that
met under the Chairmanship of President Mwai Kibaki at State House Nairobi also approved the
re-hatting of the Kenya Defence Forces in Somalia to AMISOM, subject to approval by Parliament.”17
In principle, this decision paved the way for Kenya to bring its military operations into compliance
with the arms embargo on Somalia. However, the process of ‘rehatting’ would take many more
months to complete.
13. Meanwhile, Al-Shabaab continued to launch hit-and-run attacks against Kenyan and Somali
positions, particularly in the areas between Dhoobley and Qoqaani. On 7 December 2011, following
fighting with KDF two senior Al-Shabaab commanders, Dahir Abu Ayman and Mohamed Khadar
Kafi, were reported killed on the outskirts of Qoqaani. Other reports suggested that 14 other
Al-Shabaab combatants had been killed.18 On 9 December 2011, a Somali military vehicle traveling
between Taabta and Dhoobley hit a roadside bomb. Eight Somali soldiers were reported killed in the
blast, which Al-Shabaab initially claimed had killed five TFG militia forces and a Kenyan soldier.19
14. In mid-December 2011, KDF resumed offensive operations. On 17 December 2011, Kenyan
forces announced that it was preparing to push forward in Burgaabo, a strategic port town
approximately 60 miles from Kismaayo. Kenyan forces remained in Burgaabo for two months,
__________________
14http://www.reuters.com/article/2011/11/20/us-somalia-islamists-idUSTRE7….
15 http://af.reuters.com/article/topNews/idAFJOE7AL08P20111122.
16http://af.reuters.com/article/topNews/idAFJOE7B10AP20111202.
17http://www.nation.co.ke/News/politics/Cabinet+approves+AU+request+on+Ke…-
/index.html.
18http://somaliareport.com/index.php/post/2264/Two_Senior_Al-Shabaab_Lead….
19http://www.shabelle.net/article.php?id=13303.
Annex 21
S/2012/544
228 12-37640
forcing Al Shabaab to withdraw into heavily wooded terrain across the Burgaabo creek.20 During the
last week of December 2011, clashes between the KDF and Al-Shabaab became a daily occurrence
and, Kenyan aircraft continued to carry out airstrikes in the vicinity of Hosingow and Badhaadhe.21
15. In January 2012, Kenyan forces, together with allied Somali militias, seized Faafahdun a town
south of Baardheere in Gedo region, while other Somali forces began to advance close towards to
Baardheere, an Al-Shabaab stronghold. January also saw the increasing influence of Kenyan
Al-Shabaab members and leaders in the conflict of Somalia. On 9 January 2012, Sheikh Ahmed Iman
Ali, Al-Shabaab’s newly appointed leader for Kenya, was featured in a video released by
Al-Shabaab’s media wing, Al-Kata’ib Foundation. In the video, Ahmed Iman urged Kenyans to
participate in jihad either locally (in Kenya) or in Somalia.
16. The month of February 2012 highlighted Kenya’s continued struggle in capturing Al-Shabaab’s
strongholds.22 On 2 February 2012, KDF troops, along with Raas Kaambooni militia, seized the al
Shabaab stronghold Badhaadhe in Lower Jubba region23. While on 4 February 2012, heavy clashes
were also reported in Qoqaani between al Shabaab militants and TFG troops backed by the KDF and
Raas Kaambooni brigades24. By the end of February, slow progress was made in securing some areas
of Gedo region that KDF had reportedly secured already. This resulted in KDF airstrikes on
Burdhuubo in Gedo region on 29 February 2012 reportedly injuring 30 al Shabaab militants.25
17. On 31 May 2012, Kenyan Forces and their Somali militia allies achieved their first major
strategic success in several months, capturing the town of Afmadow and paving the way for an
advance on the port town of Kismaayo, which the Kenyan Chief of Defence Staff indicated the KDP
intended to capture by August 2012.
Status of Kenyan forces vis-à-vis the arms embargo
18. Notwithstanding Kenya’s invocation of Article 51 of the UN Charter, it is the assessment of
Monitoring Group that the intervention of KDF armed forces in Somalia constituted, for a finite
period, a violation of the general and complete arms embargo. Kenyan forces not only introduced
arms, ammunition, vehicles and military equipment into Somali territory without prior authorization
from the Committee, but also provided direct support to allied Somali militia forces.
19. The signature of Memorandum of Understanding between the Government of Kenya and the
African Union on 2 June 2012, formalizing “Kenya’s contribution of troops and resources to the AU
Mission in Somalia” and integrating Kenya Defence Forces into AMISOM’s command and control
__________________
20http://www.newsday.com/news/nation/kenya-marches-into-somalia-but-can-t….
21http://www.capitalfm.co.ke/news/2011/12/kenyan-jets-kill-10-in-south-so….
22 See attachment 5.2.b.for KDF projected Ops Achievement.
23 http://shabelle.net/article.php?id=14995.
24 http://www.somaliareport.com/index.php/post/2708.
25 http://www.shabelle.net/article.php?id=15792.
Annex 22
U.N. Office of Legal Affairs, Division for Ocean Affairs and the Law of the Sea, “Kenya”,
available at http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/STATEFILES/
KEN.htm (last updated 14 Oct. 2014)
KENYA
Updated 14 October 2014
SUBMISSION IN COMPLIANCE WITH THE DEPOSIT OBLIGATIONS
PURSUANT TO THE UNITED NATIONS CONVENTION ON THE LAW
OF THE SEA (UNCLOS)
M.Z.N. 58. 2006. LOS of 25 April 2006: Deposit of two lists of
geographical coordinates of points, specifying the straight baselines from
which the breadth of the territorial sea is measured and the outer limits of
the exclusive economic zone of Kenya, together with illustrative map
number SK 90 (edition 4), as contained in the Proclamation by the
President of the Republic of Kenya of 9 June 2005, in respect of Kenya’s
territorial sea and exclusive economic zone (Legal Notice No. 82
(Legislative Supplement No. 34) published in Kenya Gazette No. 55 of 22
July 2005).
Originals of deposited geographical coordinates of points
Relevant articles of UNCLOS: 16(2); 75(2)
LOSIC No. 23
Proclamation of 9 June 2005, including the lists of
geographical coordinates of points and the illustrative map,
reproduced in Law of the Sea Bulletin No. 61
Communications received by the Secretary-General in connection
with the deposit of charts and/or lists of geographical coordinates of
points
N/A
CONTINENTAL SHELF BEYOND 200 NAUTICAL MILES FROM THE
BASELINES FROM WHICH THE BREADTH OF THE TERRITORIAL
SEA IS MEASURED
Submission to the Commission on the Limits of the Continental Shelf
made on 6 May 2009
OTHER INFORMATION
Legislation
Territorial Waters Act of 16 May 1972, revised in 1977
Presidential Proclamation of 28 February 1979--replaced by
Presidential Proclamation of 9 June 2005
Approximate Co-ordinates of Baseline Points on Map Sheet SK/74, 28
February 1979
Chapter 371--The Maritime Zones Act, 1989
Presidential Proclamation of 9 June 2005, pursuant to article 16,
paragraph 2, and article 75, paragraph 2, of UNCLOS (Law of the Sea
Bulletin No. 61)
Piracy
Merchant Shipping Act 2009
Maritime boundary delimitation agreements
Annex 22
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United Nations Privacy Notice
and other material
with United Republic of Tanzania
Exchange of Notes constituting an agreement on the territorial sea
boundary, 17 December 1975 - 9 July 1976 (entry into force: 9 July 1976;
registration #: 15603; registration date: 18 April 1977; link to UNTS)
Agreement between the United Republic of Tanzania and the Republic
of Kenya on the delimitation of the maritime boundary of the exclusive
economic zone and the continental shelf, 23 June 2009 (see Law of the
Sea Bulletin No. 70)
with Somalia
Memorandum of Understanding between the Government of the
Republic of Kenya and the Transitional Federal Government of the Somali
Republic to Grant to Each Other No-Objection in Respect of Submissions
on the Outer Limits of the Continental Shelf beyond 200 Nautical Miles to
the Commission on the Limits of the Continental Shelf (entry into force: 7
April 2009, registration #: I-46230; registration date: 11 June 2009; link to
UNTS) (see also Law of the Sea Bulletin No. 70)*
Other communications
Kenya: Note verbale dated 9 January 2014
Somalia: Somalia Note verbale dated 7 October 2014
* By a note verbale dated 2 March 2010, the Permanent Mission of the Somali Republic to the United Nations informed the
Secretariat that the MOU had been rejected by the Parliament of the Transitional Federal Government of Somalia, and "is to
be hence treated as non-actionable."
Annex 22
Annex 23
U.N. Monitoring Group on Somalia and Eritrea, Report of the Monitoring Group on Somalia and
Eritrea pursuant to Security Council resolution 2182 (2014): Somalia, U.N. Doc. S/2015/801
(19 Oct. 2015)
United Nations S/2015/801
Security Council
Distr.: General
19 October 2015
Original: English
15-16012 (E) 201015
*1516012*
Letter dated 9 October 2015 from the Chair of the Security Council
Committee pursuant to resolutions 751 (1992) and 1907 (2009)
concerning Somalia and Eritrea addressed to the President of the
Security Council
On behalf of the Security Council Committee pursuant to resolutions 751
(1992) and 1907 (2009) concerning Somalia and Eritrea, and in accordance with
paragraph 47 of Security Council resolution 2182 (2014), I have the honour to
transmit herewith the report on Somalia of the Monitoring Group on Somalia and
Eritrea.
In this connection, the Committee would appreciate it if the present letter,
together with the enclosed report, were brought to the attention of the members of
the Security Council and issued as a document of the Council.
(Signed) Rafael Darío Ramírez Carreño
Chair
Security Council Committee pursuant
to resolutions 751 (1992) and 1907 (2009)
concerning Somalia and Eritrea
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previous report (S/2014/726) intercommunal conflict in Lower Shabelle Region,
now nominally part of the Interim South-West Administration, has continued and
shows few signs of abating despite various reconciliation efforts. In Hiran, Hawadle
militia, supported by the Somali National Army, have launched fi erce attacks on the
villages of Kabxanley and Defow outside Belet Weyne in an attempt to permanently
displace the Surre farming community from their lands along the fertile banks of the
Shabelle River (see annex 6.3.a and strictly confidential annex 6.3.b) .
32. In Middle Juba — mostly still held by Al-Shabaab — inter-clan conflict
between Dhulbahante (Harti/Darod), Awliahan (Ogaden/Darod) and Sheikhal
(Hawiye) clans over pasturelands broke out early in 2015. Al-Shabaab attempts to
reconcile the competing groups in Bu’ale were ultimately unsuccessful, suggesting
its weakening grip on intercommunal relations in the area ahead of the “Juba
Corridor” offensive led by AMISOM and allied anti-Al-Shabaab forces. The Juba
Valley, like the lower reaches of the Shabelle River, has been the scene of fierce
contestation over land rights since before collapse of the Somali State in 1991. 8 The
Monitoring Group is concerned that, following the removal of Al -Shabaab from the
region, historically marginalized communities will suffer at the hand of militarily
stronger communities vying for fertile agricultural land for commercial exploitation
along the lower reaches of the Juba River.
The re-emergence of illegal, unreported and unregulated fishing
33. The Monitoring Group is indebted to Jorge Torrens of the Food and Agriculture
Organization of the United Nations — who died near Hargeisa, Somaliland, on
29 April 2015 while carrying out his duty — for first bringing the renewed problem
of illegal, unreported and unregulated fishing in Somalia to its attention.
34. At 3,300 km, the coastline of Somalia is the longest in continental Africa. The
country’s 200 nautical mile exclusive economic zone hosts productive and largely
unexploited fishing grounds, containing both migratory fish species, such as tuna,
and several demersal fish and crustacean species. Taking advantage of the limited
maritime surveillance capability of the Federal Government of Somalia, many
foreign vessels fish in Somali waters in contravention of international law and the
Federal Government of Somalia Fisheries Law, either without licences or with
forged documents, and without reporting data to any Somali authority. 9
35. Illegal, unreported and unregulated fishing represents a significant threat to
peace and security in Somalia. Illegal fishing is frequently cited as a contributing
factor in the emergence of piracy in Somalia as early as the mid -1990s, as foreign
vessels came into conflict with local fishermen, who in turn began to resort to
hijackings at sea.10 The drastic surge in Somali piracy in 2007 led to a
corresponding decrease in foreign fishing vessels operating within Somalia’s
__________________
8 Catherine Besteman and Lee V. Cassanelli, eds., The Struggle for Land in Southern Somalia: The
War Behind the War (London, Haan Publishing, 1996).
9 Federal Ministry of Fisheries and Marine Resources and others, “Report on presumed illegal,
unreported and unregulated fishing activities in the exclusive economic zone of Somalia”, paper
presented at the 19th session of the Indian Ocean Tuna Commission, held in Busan, Republic of
Korea, from 27 April to 1 May 2015, and drafted by the Food and Agriculture Organization of
the United Nations (FAO) on behalf of the Federal Government of Somalia.
10 See, for example, Jay Bahadur, The Pirates of Somalia: Inside Their Hidden World (New York,
Pantheon Books, 2011).
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exclusive economic zone.11 However, the sharp drop in pirate activity along the
coast of Somalia since 2012 has resulted in foreign fleets resuming fishing in the
Somali basin.12 The previous dynamic of conflict between illegal, unreported and
unregulated fishing vessels and local fishermen and militias has consequently
re-emerged, particularly in central Somalia.
36. In the case of the fishing dhow Aresh, the Galmudug Coast Guard arrested it
120 km north of Hobyo on 1 April 2015.13 After their arrest, the crewmembers and a
captain acknowledged that they had been fishing illegally. Galmudug authorities
assessed the vessel a $100,000 fine which was paid and the vessel released by
16 April 2015.14 On 23 April 2015 the Iranian-flagged dhow Al Momen was seized
off Qandala, Puntland, possibly by its own Somali security detachment, and
subsequently released without incident. On 13 May 2015, the Iranian dhow Sudis
experienced mechanical failure and ran aground near Mareg in central Somalia. The
dhow’s 14 crewmembers were reportedly captured by Al-Shabaab; their fate
remains unknown at the time of writing.15
37. The Monitoring Group is concerned that the return of foreign fleets to Somali
waters, fishing close to the shoreline and equipped with armed security detachments,
represents a threat to the peace, security and stability of Somalia. Such practices
threaten to lead not only to conflict with local fishermen and concomitant loss of
life, but may also provoke a vigilante response from local communities similar to
that which contributed to the rise of Somali piracy more than a decade ago.
Continuing privatization of Somalia’s maritime space
38. The Monitoring Group is concerned about the continuing prevalence of private
maritime security firms in Somalia entering partnerships with local authorities to
provide Coast Guard and/or policing services. In a number of cases, such private
security companies have also been tasked by local authorities with selling fishing
licences and managing Somalia’s marine resources, which constitutes, at a minimum,
a conflict of interest. One such company, Somalia Fishguard Ltd., was highlighted
in the Monitoring Group’s previous report (S/2014/726, annex 5.1). The Monitoring
Group notes with concern that Somalia’s past practice of entrusting private companies
with the dual role of selling fishing licences and managing maritime security posed
a threat to peace and stability. Such companies have privileged foreign clients, even
to the point of providing foreign fishing vessels with armed guards, again leading to
potential conflict with local fishermen and coastal communities.
39. During the mandate, two private companies — Somali Security Services Ltd.
and Anglo Somaliland Resources Ltd. — have entered into agreements in Puntland
and Somaliland, respectively, to provide services relating to the fisheries sector.
These two contracts are discussed in annex 2.3.
__________________
11 Federal Ministry of Fisheries and Marine Resources and others, “Report on presumed illegal,
unreported and unregulated fishing activities in the exclusive economic zone of Somalia”
(see footnote 10).
12 Ibid.
13 Ibid.
14 Monitoring Group interview with a FAO official in Nairobi, 21 May 2015.
15 Information from the European Union Naval Force, received by e-mail by the Monitoring Group,
28 May 2015.
Annex 23
Annex 24
U.N. Monitoring Group on Somalia and Eritrea, Report of the Monitoring Group on Somalia
and Eritrea pursuant to Security Council resolution 2244: Somalia, U.N. Doc. S/2016/919
(31 Oct. 2016)
Annex 24
United Nations S/2016/919
Security Council
Distr.: General
31 October 2016
Original: English
16-16743 (E) 021116
*1616743*
Letter dated 7 October 2016 from the Chair of the Security Council
Committee pursuant to resolutions 751 (1992) and 1907 (2009)
concerning Somalia and Eritrea addressed to the President of the
Security Council
On behalf of the Security Council Committee pursuant to resolutions 751
(1992) and 1907 (2009) concerning Somalia and Eritrea, and in accordance with
paragraph 32 of Security Council resolution 2244 (2015), I have the honour to
transmit herewith the report on Somalia of the Monitoring Group on Somalia and
Eritrea.
In this connection, the Committee would appreciate it if the present letter and
the report were brought to the attention of the members of the Security Council and
issued as a document of the Council.
(Signed) Rafael Darío Ramírez Carreño
Chair
Security Council Committee pursuant to resolutions 751 (1992)
and 1907 (2009) concerning Somalia and Eritrea
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widely reported to have profited directly from the reallocation of public land to
private status during his tenure at the Administration.48
80. On 28 July 2016, the Prime Minister, Omar Abdirashid Ali Sharmarke, issued
a decree to establish the Protection of Public Properties Committee, mandated to
collect data on property currently owned by Cabinet ministries and subordinate
agencies and on public land that had been unlawfully appropriated. In the decree,
sent to all Cabinet ministers, the Attorney General, the Speaker and the Office of the
President, all Cabinet ministries and subordinate agencies were ordered to cease
authorizing the sale or lease of public land unless the terms had been reviewed by
the Office of the Prime Minister and approved by the Cabinet. 49
81. See annex 4.6 for further information and evidence collected on public land
appropriation in Mogadishu.
E. Natural resources
82. The exploitation of natural resources continues to pose risks to peace and
security in Somalia. In its previous report, the Monitoring Group expressed concern
at an increase in intercommunal conflict over access to land and water across
regions (S/2015/801, paras. 30-32). This remains a risk, especially in southern
Somalia because refugee repatriation following the decision by the Kenyan
authorities to close the Dadaab refugee camp could increase the pressure on scarce
resources. With regard to conflict financing, Al-Shabaab has become increasingly
reliant on income from taxing the illicit sugar trade, agriculture and livestock,
especially when factoring in reduced income from charcoal. In terms of natural
resource governance, while there has been progress in the oil and gas sector, an
adequate regulatory framework and implementing institutions have yet to be
established. Lastly, there is a continuing dispute between Kenya and Somalia over
their maritime border, where the rights to considerable oil and gas reserves could be
at stake. How the dispute is resolved could have significant implications for
relations between Kenya and Somalia, thus also affecting peace and security in the
region.
Al-Shabaab financing
83. Reliance by Al-Shabaab on revenue from taxing the illicit sugar trade,
agricultural production and livestock has increased during the current mandate, in
particular as revenue from charcoal has declined. Previously, the Monitoring Group
estimated that Al-Shabaab derived income from checkpoints in southern Somalia,
taxing the illicit sugar trade from the port of Kismayo into Kenya at the rate of
$1,000 per truck, while new information suggests that Al -Shabaab has since
increased its tax on large civilian trucks in Lower Juba to $1,500 per truck (see
__________________
48 Interviews with former staff of the Banadir Regional Administration, current and past officials of
the Federal Government and international agency staff, Mogadishu and Nairobi, between
December 2015 and August 2016. On 11 August 2016, “Mungaab” was formally appointed as
Minister of Justice.
49 The Federal Government sent a copy of the decree to the Monitoring Group, which is on file with
the Secretariat.
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S/2015/801, paras. 93-94).50 One estimate claims that the volume of illicit sugar
trade may be as much as 230 trucks per week.51 This could equal as much as
$12 million-$18 million in revenue per year for Al-Shabaab. In its previous report,
the Group cited an estimate by the National Intelligence and Security Agency that
Al-Shabaab earned $9.5 million from taxing agricultural production in the Juba
Valley (see S/2015/801, footnote 56). Meanwhile, livestock accounted for 40 per
cent of the Somali gross domestic product and $384 million in exports in 2015, thus
representing a probable source of substantial revenue generation for Al-Shabaab.52
Nevertheless, there have been numerous incidents in which local resistance to the
increasingly aggressive collection of taxes on livestock by Al -Shabaab in Middle
Shabelle, Galgadud and Mudug has led to armed conflict with civilians and clan
militias, which also suggests that the group’s ability to coerce revenue from local
people has its limits.53
Natural resource governance: oil
84. In a meeting with the Monitoring Group on 2 February 2016, the Ministry of
Petroleum and Mineral Resources identified three core priorities for 2016: reaching
a natural resource revenue-sharing agreement between the Federal Government and
the regions, developing a model production-sharing agreement and compiling a
central registry of concessions in Somalia dating to the pre-1991 force majeure
claims. With the assistance of the World Bank and the African Legal Support
Facility of the African Development Bank, a new model production-sharing
agreement has been completed and sent for confidential review by the Financial
Governance Committee, which was continuing at the time of writing. While a
comprehensive revenue-sharing agreement has not been established, the Federal
Government has reached bilateral revenue-sharing agreements on oil with the
Galmudug Interim Administration and the Interim South-West Administration, but
not the Interim Jubba Administration or Puntland.54 There has been little progress in
establishing a central registry of oil concessions.
Federal Government-regional relations
85. One potential source of contention within the Somali oil industry concerns a
lack of clarity between the Federal Government and the regions on revenue sharing
__________________
50 E-mail communication from a United Nations staff member, 1 June 2016.
51 See Journalists for Justice, “Black and white: Kenya’s criminal racket in Somalia” (Nairobi,
2015). Available from www.jfjustice.net/downloads/1457660562.pdf.
52 See Food and Agriculture Organization of the United Nations, “Somalia exports 5.3 million
animals, 6 per cent growth in 2015”, 14 April 2016. Available from www.fao.org/somalia/news/
detail-events/en/c/410266/.
53 See Cedric Barnes, “Somalia’s Al-Shabaab down but far from out”, 27 June 2016, available from
http://blog.crisisgroup.org/africa/somalia/2016/06/27/somalias-al-shaba…;
“Minister: 22 killed as residents, Al-Shabaab clash over Zakah”, Shabelle News,
22 February 2016, available from www.shabellenews.com; and “Locals clash with Al-Shabaab
over alms collection, 4 people killed”, Goobjoog News, 11 May 2016, available from
http://goobjoog.com.
54 In a reply to a letter from the Monitoring Group dated 22 August 2016
(S/AC.29/2016/SEMG/OC.82), the Ministry of Petroleum and Mineral Resources shared with the
Group the texts of the revenue-sharing agreements on oil with the Galmudug Interim
Administration and the Interim South-West Administration.
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and development rights. A contract for offshore seismic surveying between the
Federal Government and Spectrum ASA was signed on 5 September 2015 (see
annex 5.1).55 Both the Interim Jubba Administration and Puntland, which have not
reached a revenue-sharing agreement on oil with the Federal Government, strongly
objected to the agreement. In a letter to the Executive Vice-President of Spectrum,
Graham Mayhew, dated 24 December 2015, the Acting Director General of the
Jubbaland Petroleum Agency, Abdi A. Raghe, states that seismic operations in the
absence of Interim Jubba Administration authorization would be “met with severe
consequences, which include seizure of seismic vessels and detention of
personnel”.56 Similarly, the Director General of the Puntland Petroleum and Mineral
Agency, Issa Mohamud Farah, warned in a press statement of 18 February 2016 that
“Puntland security forces would board any vessel from these companies that
illegally enter Puntland waters and will subsequently arrest the crew on-board these
vessels”. In part, these disputes stem from ambiguity regarding the allocation of
rights and obligations for natural resource development, including unreconciled
contradictions between the Petroleum Law (2008) and the Provisional Constitution
of 2012.
Soma Oil & Gas Holdings Limited
86. During its previous mandate, the Monitoring Group undertook an extensive
investigation of Soma Oil & Gas Holdings Limited (Soma) with regard to
corruption and undermining State institutions through pay-offs channelled through a
capacity-building programme for the Ministry of Petroleum and Mineral Resources
(see S/2015/801, paras. 48-51 and annex 2.5). Initially based on evidence provided
by the Group, the Serious Fraud Office in the United Kingdom opened a case
against Soma regarding allegations of corruption in Somalia on 31 July 2015. On
17 August 2016, Soma lost an expedited judicial review of the investigation that it
had requested. Soma had sought to have the investigation terminated on the basis of
an “existential threat to its existence” owing to the risk of insolvency before the
investigation concluded. During the judicial review, the Office revealed that since
December 2015 it had also been investigating Soma for “serious criminality”
beyond the capacity-building programme.57
87. Meanwhile, from 25 to 28 July 2016, Soma and the Ministry of Petroleum and
Mineral Resources held initial negotiations in Nairobi regarding a contract covering
production-sharing agreements for the exploration and development of at least eight
blocks. On 22 August, the Monitoring Group wrote to the Ministry to express
concern that the regulatory framework and implementing institutions necessary for
oil exploration and development had not been established. There remained a need to
finalize the model production-sharing agreement, reconcile the Petroleum Law and
the Provisional Federal Constitution, reach a comprehensive revenue -sharing
__________________
55 See also Spectrum, “Spectrum signs seismic data agreement to kick-start oil exploration offshore
Somalia”, 7 September 2015. Available from www.spectrumgeo.com/press-release/groundbreaking-
seismic-data-agreement-to-kick-start-oil-exploration-offshore-somalia.
56 A copy of the letter is available from http:/jubalandtv.com/wp-content/uploads/2015/12/Protest-
Letter-to-Spectrum-.pdf%20 (accessed 16 September 2016).
57 See Suzi Ring, “Soma loses U.K. court bid to force SFO to end bribery probe”, Bloomberg,
17 August 2016. Available from www.bloomberg.com/news/articles/2016-08-17/soma-loses-u-kcourt-
bid-to-force-sfo-to-end-corruption-probe.
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agreement and create functional institutions, in particular a petroleum authority, that
would be responsible for implementing production-sharing agreements. The Group
also expressed concern that Soma remained the subject of an ongoing criminal
investigation (see S/AC.29/2016/SEMG/OC.82). In a response received on
26 August, the Ministry acknowledged that it currently lacked the technical
capacity, such as a petroleum economist and a contract negotiator, to negotiate oil
exploration and development contracts and stated that it had requested further
assistance from the World Bank. On 5 September, the President issued a presidential
decree in which he stipulated that no new contracts would be agreed upon by the
Federal Government until after the upcoming elections, effectively postponing
further negotiation with Soma.
Kenya-Somalia maritime dispute
88. As previously noted by the Monitoring Group in its report for 2013, a disputed
maritime border between Kenya and Somalia could have significant implications for
regional peace and security. The disputed area covers a triangle-shaped territory in
the Indian Ocean of about 100,000 km2 with considerable potential for commercial
quantities of oil and gas reserves. Kenya contends that the maritime border should
extend parallel to the line of latitude (located between 1 and 2 degrees south), while
Somalia contends that it should extend from the coast in a south-easterly direction
as a continuation of the land border. Kenya cites a memorandum of understanding
between the two countries supporting its position, which was signed in April 2009
by the Transitional Federal Government. However, the Somali Parliament failed to
ratify it and it was termed “non-actionable” by the United Nations in March 2010.
In 2012, Kenya licensed offshore exploration in the contested territory to
international oil companies such as the Anadarko Petroleum Corporation, Total and
Eni (see S/2013/413, annex 5.5, paras. 27-30, and annex 5.5.k).
89. Following an apparent failure of diplomatic negotiations to resolve the
maritime dispute, including objections on the part of the Federal Government to the
issuance by Kenya of exploration licences within the disputed territory, Somalia
brought a case to the International Court of Justice on 28 August 2014. Preliminary
objections were raised by Kenya on 7 October 2015. In a statement, the Attorney
General explicitly linked the case regarding the maritime dispute to other bilateral
issues. He stated: “Kenya’s soldiers have fought Al-Shabaab. Kenyan citizens have
been victims of terrorist attacks. Kenya has also been hosting over half a million
Somali refugees for almost 25 years. The least Kenya can expect from Somalia is
that it will honour its bilateral agreements.”58 A public hearing has been scheduled
at the Court from 19 to 23 September 2016.
__________________
58 See Koome Kimonye, “Kenya challenges Somalia’s case on Indian Ocean boundary”, 7 October
2015, available from https://citizentv.co.ke/news/kenya-challenges-somalias-case-on-indianoc…-
boundaries-102623/; and Olive Burrows, “Somalia thankless, AG says over maritime
boundary row”, 8 October 2015, available from www.capitalfm.co.ke/news/2015/10/somaliathankless-
ag-says-over-maritime-boundary-row/.
Annex 25
Total Fina Elf, Meeting with Authorities of Somalia (3 Feb. 2001)
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Annex 26
Memorandum of Understanding between National Oil Corporation of Kenya and Eastern Echo
DMCC (26 July 2013)
Annex 26
(j; ,emGeco
MEMORANDUM OF UNDERSTANDING
between
NATIONAL OIL CORPORATION OF KENYA
and
EASTERN ECHO DMCC
FOR A PROPOSED JOINT COLLABORATION
Dated U J u..l ~ 2013
Annex 26
Memorandum ar Understanding between Eastorn Echo QMCC and National 011 Corporation or Kanya
THIS MEMORANDUM OF UNDERSTANDING IS NOT INTENDED TO BE LEGALLY BINDING EXCEPT
AS SPECIFICALLY SET OUT BELOW.
This Memorandum of Understanding {hereinafter "MOU") is effective on the z<o i~ day of
J v.,1,-2013 (hereinafter the "Effective Date") between
Eastern Echo DMCC incorporated and registered in the United Arab Emirates with Company
Number 0936 whose registered office is at PO Box 214826, Dubai, UAE, Malling Address: Saba 1,
Office 2401, Jumeirah Lakes Tower, Dubai, UAE, acting on its behalf and on behalf of its affiliates
(hereinafter "WesternGeco");
and,
NATIONAL OIL CORPORATION OF KENYA , a State Corporation incorporated under the
Companies Act, Cap 486 of the laws of Kenya and of Post Office Box Number 58567-00200,
Nairobi in the Republic of Kenya (hereinafter "NATIONAL OIL");
(hereinafter collectively the "Parties" and individually the "Party")
WHEREAS, the Republic of Kenya wishes to promote the petroleum acreage onshore and
offshore areas to prospective oil and gas companies and investors;
WHEREAS, NATIONAL OIL as the authorized and competent authority to acquire and manage
geological and geophysical data for and on behalf of the Republic of Kenya, a right which
NATIONAL OIL may contract to a qualified entity, in this particular instance to WesternGeco;
WHEREAS, WesternGeco is a geophysical contractor that is experienced (inter alia) in the
acquisition, processing, reprocessing, interpretation, brokering, marketing, and licensing of
geological and geophysical information, obtained offshore and has the financial ability,
technical competence and professional skills necessary;
WHEREAS, the Parties have held deliberations regarding the possibility of collaborating on the
acquisition, processing, reprocessing, interpreting, brokering, marketing and licensing of
geological and geophysical data onshore and offshore, as well as the installation of a National
Data Centre and Data Processing capability, (hereinafter the "Collaboration"),
WHEREAS, the Parties are interested in participating in a joint collaboration project subject to
the terms set out in this MOU and a mutually agreed definitive written agreement (hereinafter
''The Agreement");
NOW THEREFORE, in consideration of mutual undertakings contained herein, NATIONAL OIL and
WesternGeco hereby agree as follows:
2 Co11fide11tial
Annex 26
~um of Understandoinogt weeEne s/emE choD ~a Na/IonaQ// tC orooralloonf Kenya
1, PURPOSE
1.1. The purpose of this MOU is to provide a legal framework under which the Parties can
define their roles, rights and responsibilities and the mechanism for engagement and
commitment for the execution of the Collaboration.
1.2. This MOU shall constitute a statement of the mutual Intention of the Parties with
respect to proceeding with the Collaboration and associated agreements and does
not necessarily contain all matters upon which agreement must be reached.
2. THE COLLABORATION
2.1. WesternGeco will act on behalf of NATIONAL OIL to acquire, process, reprocess,
Interpret, market, broker and license, geological and geophysical data from-offshore
the Republic of Kenya to International oil and gas companies for a period to be
agreed between the parties.
2.2. This Collaboration will Include, but is not limlted to:
a) exclusively acquire, process, reprocess, interpret market, broker and license a new
regional 2D survey and any associated geological and geophysical data set out In
Map 1 of Appendix A;
b) undertake a Geology and Interpretation Collaboration within Kenya and build a
regional understanding of Kenya offshore Including Petroleum Systems modelling
which may be conducted outside Kenya and to Identify specific areas for a new 3D
acquisition survey;
c) subsequently acquire, process, reprocess, Interpret market, broker and license a
new regional 3D survey and any associated geological and geophysical data set out
In Map 1 of Appendix A;
d) exclusively store, process, reprocess, Interpret market, broker and license any
existing geological and geophysical data If required and if mutually agreed;
e) set up a new National Data Centre with associated support;
f) provide a new Data Processing Centre Initially comprised of WesternGeco's
proprietary Omega seismic processing system and conduct initial training;
g) provide a Collaboration and Visualisation Centre the cost of which may be met by
WesternGeco and recovered from NATIONAL Oil's share of future revenues
generated from licensing of geological and geophysical data to third parties subject
to the avallablllty of sufficient funding;
h) Carry out any other ancillary projects to the Collaboration, subject to the
capabilities and agreement of both Parties.
3 Confidential
Annex 26
Memoranduomf U nderslandibneqt wee/n;a sternE choD MCCa ndN ationaOl ilC orporatroornK 11nya
2.3. The costs associated with the Collaboration shall be dealt with in the Agreement, or
any other supplemental agreements. Each Party shall be entitled to receive a revenue
share out of the revenues generated from the licensing of geological and geophysical
data to third parties, such share shall be dealt with in the Agreement.
3. CONDITIONS AND APPROVALS
The proposed Collaboration will be conditional on:
a) WesternGeco obtaining the necessary permits, consents, licenses, governmental
consents, and authorisations, required to perform the Collaboration;
b) the execution of the Agreement by the Parties.
c) adequate industry pre-funding
4. GOVERNING PRINCIPLES
The Parties agree the following principles:
4.1. Any relationship between the Parties will be based upon the following legal principles
generally accepted within the international oil and gas industry:
a) Risk allocation scheme in line with international acquisition and processing
industry standards and practices;
b) Mutual and reciprocal waiver of consequential damages; and
4.2. NATIONAL OIL will allow WesternGeco to negotiate directly with oil and gas
companies concerning reprocessing or interpretation projects or commitment to new
non-exclusive surveys.
4.3. The terms and conditions of the Agreement by the Parties shall prevail over those of
this MOU.
4.4. The Parties hereby undertake to share all information which will aid the brokering,
marketing and licensing of geological and geophysical data, in particular NOCK will
provide to WesternGeco details of all current or future license agreements or blocks
granted to oil and gas companies, if applicable.
This clause 4 is legally binding.
5. DURATION AND TERMINATION OF MOU
5.1. This MOU shall commence on the Effective Date and shall remain in force until the 31
December 2013 or until the Parties have executed the Agreement for the
Collaboration, whichever is earlier, subject to any mutually agreed extension.
This clause 5 is legally binding.
6. EXCLUSIVITY
6.1. NATIONAL OIL will, from the Effective Date of this MOU, deal exclusively with
WesternGeco with regards to this Collaboration, and will not solicit or negotiate with
or enter into any contract or understanding with any third party concerning this or
4 Co11fide11tial
Annex 26
£§
~ sternGeco
Memoranduomf U nderstandibnegt weenE asternE choQ MCCa ndN arlona0f1 1C orpqralloonf Kenva
any other similar collaboration project over the area set out in Map 1 of Appendix A
while this MOU remains in force.
6.2. For sake of clarity, WesternGeco shall have exclusive rights of acquiring MC3D seismic
data over the area underlying the 2D grid set out in Map 1 of Appendix A.
WesternGeco understands and agrees that CGG may be awarded a MC3D seismic
acquisition contract by Anadarko and Total over the area set out in Map 2 of
Appendix A. Subject to the award of such contract to CGG and notwithstanding
clauses 2.2(c) and 6.1, and unless agreed otherwise with NATIONAL OIL,
WesternGeco agrees not to carry out any 3D seismic acquisition ln the western
portion of Block L25 set out in Map 1 of Appendix A until the 151 of September 2014.
If CGG is not awarded a MC3D seismic acquisition contract by Anadarko and Total or
If CGG has not completed the seismic acquisition over the area of Block L25 set out in
Map 2 by the 1st of September 2014 WesternGeco exclusive rights shall extend to the
remaining area of Block L 25.
WesternGeco's exclusive right of acquiring a 2D seismic acquisition over the area set
out In Map 1 shall not be affected by the award of a 3D seismic acquisition contract
to CGG.
This clause 6 Is legally binding.
7. CONFIDENTIALITY
7.1. Any and all information furnished by WesternGeco to NATIONAL OIL, whether in
writing or orally, including but not limited to geophysical data, geological data, maps,
charts, business plans, financial information, know-how and trade secrets, costing or
pricing policies and marketing plans (hereinafter "WesternGeco Evaluation Material")
shall be deemed confidential and shall be kept and maintained by the NATIONAL OIL
under appropriate safeguards.
7.2. NATIONAL OIL agrees that all WesternGeco Evaluation Material will remain
WesternGeco's sole property and will not be disclosed to others or used by
NATIONAL OIL for any purpose other than for the evaluation of the Collaboration and
shall not be used in any manner that is adverse or detrimental to WesternGeco.
NATIONAL OIL further agrees that all WesternGeco Evaluation Material in tangible
and electronic form (including but not limited to reports, drawings, plans and
specifications) shall be returned to WesternGeco upon request.
7.3. WesternGeco agrees that all confidential information received from NATIONAL OIL
(hereinafter "NATIONAL OIL Confidential Information") shall remain NATIONAL Oil's
sole property and will not be disclosed to others or used by WesternGeco for any
purpose other than for NATIONAL Oil's benefit. WesternGeco further agrees that all
NATIONAL OIL Confidential Information in tangible and electronic form {including but
not limited to reports, drawings, plans and specifications) shall be returned to
NATIONAL OIL upon request.
5 Confidential
Annex 26
~
'-Fe sternGeco
Memorandum of Understanding between Eastern Echo DMCC and Na11ona1 OJI CorpQCB@n of Kqnva
7.4. The Parties agree that all discussions between the Parties and information disclosed
to each other shall remain confidential between the Parties.
7.5 . Notwithstanding anything to the contrary, this Clause shall remain In full force and
effect for a period of five (5) years. Notwithstanding the expiration or termination of
this MOU, ail terms and conditions hereof regarding confidentiality and restrictions on
the use of Evaluation Material delivered to NATIONAL OIL shall survive and continue in
full force and effect.
This clause 7 Is legally binding.
8. INDEPENDENT CONTRACTOR
8.1 Nothing in this MOU shall be construed as creating an employer-employee, agency,
partnership, joint venture, trust, or other relationship between the Parties. Neither
Party shall have any authority , express or implied, to enter into any contracts,
obligations, or commitments on behalf of or binding on the other Party.
This Clause 8 Is legally binding.
9. ENTIRE CONTRACT
9.1. This MOU comprises the full and complete understanding between the Parties in
relation to their intention regarding the Collaboration and does not necessarily
contain all matters upon which the Agreement will be based.
9.2. Nothing in this MOU is intended to modify or supersede any existing contracts
between the Parties and shall not form a part of any subsequent contracts finalised
between the Parties.
9.3. No amendments, changes or modifications to this MOU shall be valid except if the
same are in writing and signed by a duly authorised representative of each of the
Parties hereto.
This Clause 9 Is legally binding.
10. GOVERNING LAW
10.1 . This MOU is, and all negotiations and any legal agreements prepared In connection
with the Collaboration proposed herein, and any dispute or claim arising out of or in
connection with them or their formation shall be, governed by, and construed in
accordance with, the Laws of Kenya.
10.2. The Parties Irrevocably agree that any dispute or claim that arises out of or In
connection with this MOU and negotiations relating to the proposed Collaboration or
their subject matter or formation shall be settled through mediation or arbitration.
This clause 10 Is legally binding.
Cn11fide11tial
Annex 26
Memorandum or Understanding between Easteca Echo DMCC and Naljqna/ Oil Corporatton of Ken va
In witness whereof, the Parties have executed this MOU on the date first herein before
mentioned (the Effective Date)
For and on behalf of ~::::~o~:~~~----·· . >-~\~--~ Print Name: ............................................ .
Sl~ature ····wl :· .. :u;··~\IT"-
Pnnt Name, ····i ···.l\.tJ.l'.t\. ....... Jl1:, .. :\1 "\)
Title: ................... ~ .......................... . Title: ···········'.(edar.. ................. .
Date: ........ ~.!.b.L\.} ........................ . Date: ........ ~ .. L~ .. J.~.lf7 .. 'b9..l3. ........ .
7 Confidemial
: -: -: I:-. •:, • • . .
. . . ' . . ' . ·.·. •f.!,.•.·.
Annex 26
~ temGeco
Memorsndum of Uncterstendlnq between Eastern Echo DMCC and Nst1Qm11 OJI Coroof8t1Qn or Kgnya
APPENDIX A
MAPl.
Proposed ( 20km x 20km) 20 survey grid "'9,600 line kllometers 20 acquisition and
underlylng 3D axcluslvlty area
• Survey Grid Is subject to amendment by pre-committing companies
WestemGeco
Kenya Multlcllent Surveys
June 201,
Cnnfidential
Annex 26
Memorandumq i Understandinbge tweenE astgrEnc hoD MCCa ndNalfonaOl JIC orp0<eliono f Kenya
Proposed ( 20km x 20km) 2D survey grid .. 9,600 line kilometers 2D acquisition and
underlying 3D exclusivity area, showing 3D that may be acquired by CGG for Anadarko
and Total
* Survey Grid is subject to amendment by pre-committing companies
Pot~ntially 23,000 ;q km
9
WestemGecoP h•sl!I I ( 3D) (Area
to be dl!t11rmlnl!•dft 112r D survey)
Confidential
Annex 27
Draft Agreement between National Oil Corporation of Kenya and Eastern Echo DMCC (Aug.
2013), available at http://cofek.co.ke/Western%20Geco%20and%20National%20Oil%20-%20
New%20Acquisition%20Agreement%202013.docx
Annex 27
AGREEMENT
Between
NATIONAL OIL CORPORATION OF KENYA
And
EASTERN ECHO DMCC
August 2013
For Speculative Geophysical Survey and other Services
over an area Offshore Kenya
Annex 27
WesternGeco & National Oil
AGREEMENT FOR SPECULATIVE GEOPHYSICAL SURVEY OFFSHORE KENYA
AND OTHER SERVICES
This Agreement (the "Agreement") is entered into as of this ____ day of August 2013
(hereinafter “Effective Date”), between:
EASTERN ECHO DMCC, a company incorporated and registered in the United Arab
Emirates with Company Number 0936 whose registered office is at PO Box 214826, Dubai,
UAE, Mailing Address: Saba 1, Office 2401, Jumeirah Lakes Tower, Dubai, UAE, acting on
its behalf and on behalf of its affiliates (hereinafter “WesternGeco”);
and
NATIONAL OIL CORPORATION OF KENYA, a State Corporation incorporated under the
Companies Act, Cap 486 of the laws of Kenya and of Post Office Box Number 58567-00200,
Nairobi in the Republic of Kenya (hereinafter “NATIONAL OIL”);
(hereinafter collectively the “Parties” and individually the “Party”);
WHEREAS, the Republic of Kenya wishes to promote the petroleum acreage onshore and
offshore areas to prospective oil and gas companies and investors;
WHEREAS, pursuant to applicable petroleum law, the Republic of Kenya has authorised
National Oil as the competent authority by virtue of decree Section 4 of the Petroleum
(Exploration and Production) Act, Cap 308, to administer all relevant petroleum operations,
including but not limited to management of geological and geophysical data for and on
behalf of the Republic of Kenya, a right which National Oil may contract to a qualified entity,
in this particular instance to WesternGeco;
WHEREAS, WesternGeco is a geophysical contractor that is experienced (inter alia) in the
acquisition, processing, reprocessing, interpretation, brokering, marketing, and licensing of
geological and geophysical information, both onshore and offshore and has the financial
ability, technical competence and professional skills necessary;
WHEREAS, recent discussions have taken place between the Parties regarding the
possibility of collaborating on the acquisition, processing, reprocessing, interpreting,
brokering, marketing and licensing of geological and geophysical data onshore and offshore,
as well as the installation of a National Data Centre and Data Processing capability;
WHEREAS, WesternGeco, together with its Affiliates, is willing and able to conduct the
Survey as well as the associated data (re)processing, interpretation, marketing and licensing
of the Survey Data in accordance with terms hereunder; and
WHEREAS, the Parties have signed a Memorandum of Understanding for a proposed Joint
Collaboration project on the 26th of July 2013;
WHEREAS, the Parties now wish to finalise their discussions;
Annex 27
WesternGeco & National Oil
THEREFORE, IN CONSIDERATION of the mutual promises and agreements set forth in this
Agreement, the Parties agree as follows:
Definitions:
“Acquisition Work” means the seismic acquisition work described in Appendix 1 in
accordance with the provisions of this Agreement.
“Agreement” means the present agreement including articles 1 to 16 and Appendices 1-8.
“Affiliates” means any entity that, directly or indirectly through one or more intermediaries,
controls, or is controlled by, or is under common control with that party, “control” being at
least fifty percent (50%) ownership.
“Applicable Law” means all laws, regulations, and requirements and orders of any maritime
classification societies and public authorities in Kenya which apply with respect to the
fulfilment of this Agreement and/ or the Acquisition Work performed hereunder.
“Area of Operation” means the area described in the Appendix 1 and any other location
where the Acquisition Work is carried out.
“Blocks” means an area within the territory of the Republic of Kenya delineated by
geographical coordinates and designated by the Government of Kenya as an area for
licensing to third parties for the purposes of exploration or production.
“Data” means the geological or geophysical data resulting from the processing of the Survey
Data and for which WesternGeco has the right to grant use licenses in accordance with
Appendix 2 (“Master License Agreement”).
“Derivative Products” means the Data that has been either interpreted or reprocessed with
a technology different from the one used to obtain the Data. Derivative Products are
proprietary to WesternGeco, unless stated otherwise.
“Licensee” means a third party, to whom the Data is licensed in accordance with Appendix 2
(“Master License Agreement”).
“Master License Agreement”: means the license Agreement issued by WesternGeco on
behalf of National Oil that defines the terms and conditions governing the Licensee’s right of
use of the Data, also referred to as “MLA”, as per Appendix 7.
“Pre-Commitment” means the offer from a third party to commit to pay wholly or partially the
costs of the Survey prior to its commencement.
“Q Surveys” means Surveys conducted by WesternGeco using WesternGeco’s proprietary
“Q” technology.
“Raw Sensor Measurements” For the purpose of Q Surveys, shall mean acoustic
measurements acquired from individual sensors, prior to any type of adaptive (or functionally
similar) digital filtration, rotation to primary axes, conversion to industry standard SEG
measurements or digital group forming; this term refers both to the physical article as well as
the intangible property that resides in it.
“Survey” means the conduct by WesternGeco of a geological and/or geophysical data
acquisition services and ancillary services in accordance with Appendix 1 of this Agreement.
Annex 27
WesternGeco & National Oil
“Survey Data”: means the geological and geophysical data acquired by WesternGeco during
the Survey, including tapes and records containing industry standard format geophysical
information in the form and at the spatial and temporal sampling density and any reports as
agreed by the Parties in this Agreement. Survey Data may include navigation, positioning
and field data but shall under no circumstances ever include Raw Sensor Measurements or
Contractor Developed Technology in case of Q Survey.
“WesternGeco Developed Technology” means i) all designs, drawings, specifications,
manuals, procedures, reports, calculations, discs, software (including Omega software),
computer models, know-how, equations, formulae, procedures or other information which
WesternGeco has or develops entirely or incrementally during or subsequent to performance
of the Survey and that WesternGeco considers to be proprietary to it; ii) all technical
documents including plans, sketches and intermediate data gathered by WesternGeco
including but not limited to Raw Sensor Measurements which are associated with the
performance of the Survey but not agreed to be delivered to National Oil as part of the
Survey. WesternGeco shall retain all right title and ownership in WesternGeco Developed
Technology and WesternGeco may use such in the research and development of its own
technologies.
ARTICLE 1 - GRANT OF RIGHTS
1.1 The Government of Kenya has by virtue of Decree Number Section 4 of the
Petroleum (Exploration and Production) Act, Cap 308 authorised National Oil
to represent the Government of Kenya in all aspects relating to the Acquisition
Work, including without limitation, the right to contract the rights contained
herein to Third Parties.
1.2 National Oil hereby grants exclusive rights to WesternGeco to:
a) undertake the design, evaluation, acquisition, processing, reprocessing
and where appropriate, interpretation, and all other activities related to the
acquisition, processing, and interpretation of the Survey Data in the
territory offshore Kenya, as described in Appendix 1 of this Agreement.
b) Broker, market and license the Survey Data and/ or Data to Third Parties.
ARTICLE 2 – TERM AND SCOPE OF SERVICES
2.1 Subject to 2.2, this Agreement shall be valid for an initial period of Twelve (12) years
from the Effective Date. At the end of the initial period, this Agreement will be
automatically renewed for an additional period of three (3) years unless a Party
serves a notice of termination of the Agreement to the other Party:
a) in accordance with clause 2.2.
b) Not less than two (2) months before the end of the term of the Agreement. The
notice shall formally confirm such Party’s intention not to extend the Agreement.
2.2 Notwithstanding the above, WesternGeco shall have the right to terminate this
Agreement immediately should:
a) National Oil’s mandate to act in the same capacity it had at the Effective
Date be changed or impaired, including but not limited to any change in the
scope of rights granted by the Government of Kenya to the extent affecting
this Agreement; or
Annex 27
WesternGeco & National Oil
b) National Oil commits a material breach of this Agreement;
c) A dispute arises in accordance with 8.3 hereunder.
In case of termination in accordance with 2.2 a), National Oil shall release, defend,
indemnify and hold WesternGeco harmless from any claims resulting from 2.2 a)
In case of termination in accordance with 2.2 c), National Oil shall pay WesternGeco
the totality of the Survey Costs amounting to 100% of it as detailed in Appendix 2 for
the disputed Survey.
ARTICLE 3 –ACQUISITION AND PROCESSING OBLIGATIONS OF WESTERNGECO
3.1 The Parties agree that WesternGeco, in addition to its obligations under clause 5,
will:
a) exclusively acquire, process, reprocess, interpret market, broker and license a
new regional 2D Survey and any associated geological and geophysical data
set out in Map 1 of Appendix 1;
b) subsequently exclusively acquire, process, reprocess, interpret market, broker
and license a new regional 3D Survey and any associated geological and
geophysical data set out in Map 2 of Appendix 1.
3.2 WesternGeco assumes that it will be exempt from customs and import duties by
importing its equipment on a temporary basis, under the umbrella of National Oil or
through any other exemption schemes available to National Oil. Where such customs
duty exemptions are not available to the WesternGeco, National Oil shall assume full
and exclusive liability for all customs duties, charges, levies, costs of licenses, taxes,
tariffs and other similar costs imposed in the Area of Operations and related to the
importation or exportation of WesternGeco’s equipment, consumables and spare
parts required by WesternGeco for the performance of the Survey. Where
WesternGeco is required to pay any such import/export taxes, duties or license fees,
WesternGeco shall send written notification to National Oil in advance of paying such
costs. After receiving agreement from National Oil, WesternGeco shall pay such
costs and National Oil will reimburse WesternGeco in full within 30 days of receiving
adequate proof of payment.
3.3 The Parties agree that the decision to conduct the Survey shall be taken at the sole
discretion of WesternGeco and shall depend in part on whether WesternGeco has
secured sufficient industry Pre-Commitment for the Survey. WesternGeco reserves
the sole right to reduce, extend or terminate any Survey depending on the level of
industry interest in relevant Area of Operations.
3.4 The Parties agree that WesternGeco shall select the Survey Data to be
processed and where appropriate reprocess; conduct the processing and
reprocessing and interpretation and market and License the Survey Data and/
or Data. This activity shall remain under the full control of WesternGeco and
all Survey Data and/or Data licensed shall be licensed on a non-exclusive
basis under terms and conditions of the MLA and in accordance with
WesternGeco's then-current licensing rates.
3.5 All practices and processes used by WesternGeco shall meet generally accepted
seismic industry standards. All Survey Data will be processed by WesternGeco at its
Annex 27
WesternGeco & National Oil
facilities or at facilities designated by WesternGeco, including, but not limited to,
onboard the seismic vessels and at other WesternGeco processing centers as
appropriate.
3.6 WesternGeco, as an independent contractor, shall be solely responsible for the
manner and conduct of all operations in connection with the Survey including the
processing and reprocessing of any data pursuant to this Agreement. WesternGeco
shall have complete and exclusive supervision, direction and control of
WesternGeco’s equipment, personnel and labour.
3.7 Subject to clause 4.3 below, WesternGeco shall obtain at its own cost from the
appropriate authorities all necessary permits, authorisations and licences required to
be obtained by WesternGeco under Applicable Law for the performance of the
Acquisition Work, including where applicable:
(a) those import and export approvals and other permits required to use the
WesternGeco’s equipment, including but not limited to seismic vessel,
acquisition equipment in the Area of Operations; and
(b) all visas, passport, working permits, exit and re-entry permits and all other
governmental authorisations or documentation required in connection with the
entry, presence, employment and/or exit of WesternGeco Group personnel in
the Area of Operations.
National Oil shall provide all necessary assistance to enable WesternGeco to obtain
any such permit or licence.
National Oil undertakes, subject to termination of this Agreement, that they shall not
use the environmental permit obtained by WesternGeco for the Acquisition Work in
conjunction with or for the benefit of Third Parties, including but not limited to
competitors of WesternGeco.
3.8 To the extent Acquisition Work is rendered in an area requiring access, ingress or
egress across waters subject to the claimed exclusive jurisdiction of a state other
than Kenya, National Oil shall assist WesternGeco in their efforts to obtain the
required rights of access, ingress and egress to the Area of Operations. If the right of
access, ingress or egress into such waters is denied by the state claiming jurisdiction,
the Parties shall without undue delay meet in good faith to agree a course of action
mitigating such denial, including the potential release of relevant seismic data to such
state. National Oil shall advise WesternGeco of any limitations or restrictions affecting
access, ingress and egress to the Area of Operations that they are aware of and
WesternGeco shall abide by such limitations or restrictions. WesternGeco shall not
be obliged to enter into disputed territorial waters or the waters of another state
during the performance of this Agreement.
3.9 WesternGeco shall not commence Acquisition Work in the Area of Operations without
obtaining specific written approval to do so from National Oil, such approval shall not
be unreasonably delayed or withheld.
ARTICLE 4 – OBLIGATIONS OF NATIONAL OIL
4.1 National Oil shall use its best endeavours to influence the organisation, conduct, and
promotion of competitive licensing rounds for each Survey prior to issuing licenses to
explore for and produce oil and gas in the areas of interest within twelve (XX) months
Annex 27
WesternGeco & National Oil
after completion of WesternGeco’s acquisition of the Survey Data under this
Agreement.
4.2 In the event a Block, in which the Survey Data has been acquired by WesternGeco,
is awarded by direct award by the Government of Kenya, rather than as the result of
a licensing round, National Oil shall use its best endeavours to include as a
mandatory condition of award, the requirement that the awarded Third Party entity
pay WesternGeco 100% of the Survey Costs for the Survey, plus a thirty percent
(30%) escalation fee before the award is finalised prior to the allocation of the Block.
4.3 National Oil shall be responsible for, obtain or deliver in a timely manner and maintain
in effect, at its cost, all governmental consents, authorisations, licenses and permits
required to be obtained or delivered in the name of National Oil, from any authority or
company to enable the Acquisition Work to be performed. For the avoidance of doubt,
this shall include any license being in the nature of a mineral exploration or
prospecting license.
ARTICLE 5 - PROVISION OF OTHER SERVICES BY WESTERNGECO
5.1 In addition to the obligations set out in Clause 3 of this Agreement, WesternGeco
shall provide the following services to National Oil:
a) undertake a Geology and Interpretation Collaboration within Kenya and build
a regional understanding of Kenya offshore including Petroleum Systems
modelling which may be conducted outside Kenya and to identify specific
areas for a new 3D acquisition survey as set out in Appendix 3 of this
Agreement;
b) set up a new National Data Centre with associated support, as set out in
Appendix 4;
c) provide a new Data Processing Centre initially comprised of WesternGeco’s
proprietary Omega seismic processing system and conduct initial training, as
set out in Appendix 5;
d) provide a Collaboration and Visualisation Centre, as set out in Appendix 6.
5.2 WesternGeco’s contributions to the projects listed above shall be limited to the
amounts set out in the respective Appendices. Should National Oil wish to increase
the investment for a project, such increase may be met by WesternGeco, at its sole
discretion, but shall always be recovered from National Oil’s share of future revenues
generated from licensing of geological and geophysical data to third parties subject to
the availability of sufficient funding.
ARTICLE 6 - DATA OWNERSHIP
6.1 National Oil, in its capacity as authority managing the petroleum activities in Kenya,
is duly mandated by the Government of Kenya by virtue of Section 4 of the
Petroleum (Exploration and Production) Act, Cap 308, to grant WesternGeco the
exclusive rights to act as an exclusive agent and facilitator with view to acquire,
process, reprocess, interpret, market, promote and sell licenses for use of the Survey
Data. National Oil further warrants that such right have not been granted, is not held,
nor shall it be granted to any Third Party throughout the duration of this Agreement
and any extension thereof. National Oil acting on behalf of the Government of Kenya
Annex 27
WesternGeco & National Oil
warrants and guarantees that it has the sole right of ownership to the Survey Data to
be acquired under this Agreement. Should National Oil’s mandate as more fully
described in this clause change during the term of the Agreement in a manner that
affects WesternGeco’s performance of this Agreement, National Oil shall notify
WesternGeco in writing of such a change in advance and shall (in addition to other
remedies available to WesternGeco as described in clause 2.2 a) compensate
WesternGeco by paying a termination fee that shall in no event be less than ………
6.2 Once the processing of the Survey Data is completed by WesternGeco or its
Affiliates and, if applicable, after licensing round covering the area of interest
is concluded, WesternGeco will deliver to National Oil one copy of the stack
and final migrated sections of the Survey Data, along with navigation
information and base maps for National Oil’s exclusive and internal use.
National Oil, hereby expressly agrees and accepts that any material provided
by WesternGeco under this clause 6.2 shall not be copied, shown, distributed
or provided by National Oil to any Third Party and shall be treated as strictly
confidential for the term of this Agreement and any extension thereof.
After the expiry of the term of the Agreement as defined in Article 2.1,
WesternGeco shall deliver to National Oil all outstanding records of the
Survey Data, excluding therefrom any of WesternGeco Developed
Technology or Raw Sensor Measurements.
6.3 National Oil and WesternGeco agree that all Survey Data acquired and obtained
under the terms of this Agreement is intended for their sole and exclusive use, shall
be kept and remain confidential at all times and shall not be divulged, transferred,
sold or otherwise disposed of without the prior written consent of the other Party,
except as specifically provided for in this Agreement.
6.4 WesternGeco will be the exclusive custodian of all Survey Data and Data obtained
pursuant to this Agreement during the full term of this Agreement and any extension
thereto. After the expiry of this Agreement, WesternGeco will retain a non-exclusive
license to use the Survey Data for its own internal purposes in the event
WesternGeco undertakes future Survey planning offshore Kenya.
6.5 National Oil hereby grants an exclusive license to WesternGeco to use, license and
market the Survey Data and/ or Data in accordance with this Agreement.
6.6 All sales of licenses for use of Survey Data and/ or Data to Licensees will state that
the information is confidential and, WesternGeco has the exclusive rights to market
the Survey Data and/ or Data.
All Survey Data and/or Data shall be marked “Confidential - Owned by the
Republic of Kenya, Produced by WesternGeco - All use subject to the joint
authorisation of the Republic of Kenya and WesternGeco.” or equivalent
language
6.7 For avoidance of doubt, should WesternGeco or the Licensee elect to create
Derivative Products, these Derivative Products shall be owned by either
WesternGeco or Licensee as the case may be, but shall be subject to all terms of
confidentiality and restrictions upon use, disclosure and transfer as is provided herein
for the original Survey Data.
Annex 27
WesternGeco & National Oil
6.8 While performing the Survey, WesternGeco may utilise expertise, know-how and
other intellectual capital (including intellectual property) and develop additional
expertise, know-how and other intellectual capital (including intellectual property)
which are WesternGeco’s exclusive property and which WesternGeco may freely
utilize in providing services for its other customers. Except where expressly and
specifically indicated in writing, and in exchange for appropriate agreed payment,
WesternGeco does not develop any intellectual property for ownership by National Oil
, WesternGeco retains sole ownership of any such intellectual capital (including
intellectual property) created by WesternGeco during the course of acquiring the
Survey Data. WesternGeco grants no title or license or right to National Oil or the
Republic of Kenya to use WesternGeco‘s intellectual capital (including intellectual
property and WesternGeco Developed Technology).
ARTICLE 7 - REPORTING
7.1 WesternGeco shall provide National Oil with monthly acquisition and
processing operational status reports for the Survey, as well as a final Survey
report within 120 days of completion of the Survey. Once the Survey is
completed, WesternGeco shall, at the end of each quarter submit a statement
of the marketing and Survey Data and/ or Data licensing activity, if any, to
National Oil.
ARTICLE 8 - TERMS OF MARKETING OF SURVEY DATA/ DATA / REVENUE SHARING
8.1 All licensing of the Survey Data and/ or Data shall be undertaken in the name of
WesternGeco. If an interested Third Party contacts National Oil directly with a
request to purchase a license to the Survey Data and/ or Data, National Oil will direct
the Third Party to WesternGeco.
8.2 WesternGeco shall be responsible for the marketing of the Survey Data and/ or Data
and shall decide on the best method to get interest.
8.3 In the event that a dispute arises in connection with the geographical
boundaries of the Area of Operations, as detailed in Appendix 1, which
dispute affects the performance by WesternGeco of its obligations under this
Agreement thereto, the Parties shall meet to reach a mutually agreeable
resolution of the dispute. Should the Parties to the dispute fail to reach a
mutually agreeable resolution within a reasonable timeframe, provided
however WesternGeco is prevented from acquiring, processing and/or
reprocessing, or marketing the Survey Data and/ or Data as a result of the
dispute, WesternGeco reserves the right to terminate Agreement early without
any further liabilities to it. In the event of such early termination by
WesternGeco, National Oil shall pay WesternGeco the totality (100%) of the
Survey Costs as detailed in Appendix 2.
ARTICLE 9 - FINANCIAL ARRANGEMENTS
9.1 The Parties agree that WesternGeco shall be remunerated in full for the provision of
services listed in Appendices 3-6 at the rates mentioned in the relevant appendices.
Such remuneration shall be in the form of service credits, which shall be set off
Annex 27
WesternGeco & National Oil
against the revenue share earned by National Oil. For the avoidance of doubt, the
National Oil’s revenue share shall be only transferred after WesternGeco has been
paid in full for all costs set out in Appendices 3-6.
9.2 All acquisition, processing, reprocessing and interpretation costs will be paid for by
WesternGeco subject to the conditions below, or unless otherwise stated in this
Agreement.
9.3 All licensing of the Survey Data and/ or Data shall be in US Dollars. No Survey Data
and/ or Data will be licensed on credit terms unless otherwise agreed in writing by
WesternGeco.
9.3.1 License pricing will be established to maximize sales for the mutual benefit of
National Oil and WesternGeco. Nevertheless, the pricing will be the sole
responsibility of WesternGeco.
9.3.2 National Oil and WesternGeco shall share the revenue received on sales of
licenses to the Survey Data and/ or Data as set out in Appendix 2 of this
Agreement.
9.3.3 License sales will be considered completed only when WesternGeco’s bank
account has been credited by the Licensee(s). WesternGeco shall transfer
National Oil revenue share on a quarterly basis, in United States Dollars, less
any deductions or withholdings for that quarter required by law, to the account
designated by National Oil within 60 days of receipt of the letter “Request of
Transfer of Funds” from National Oil, as set out in Appendix 8.
ARTICLE 10 - INDEMNITY
10.1 WesternGeco hereby agrees to indemnify and hold National Oil harmless from any
loss, expense or liability (including reasonable attorney’s fees and related legal
expenses), arising out of any claim for damage to WesternGeco’s property and/or
injuries to or death of WesternGeco’s employees, subcontractors and agents under
this Agreement, regardless of whether any such loss, liability, injury or death may be
caused by negligence, and/or by breach of duty (statutory or otherwise) of National
Oil.
10.2 National Oil hereby agrees to indemnify and hold WesternGeco harmless from any
loss, expense or liability (including reasonable attorney’s fees and related legal
expenses), arising out of any claim for loss or loss or damage to National Oil’s
property and/or injuries to or death of National Oil’s employees, subcontractors and
agents under this Agreement, regardless of whether any such loss, liability, injury or
death, may be caused by negligence, and/or by breach of duty (statutory or
otherwise) of WesternGeco.
10.3 National Oil agrees to indemnify and hold WesternGeco harmless from any loss,
expense or liability (including reasonable attorney’s fees and related legal expenses),
arising out of any claim presented by third parties for personal injuries or death, or
property loss or damage irrespective of the negligence, or breach of duty (statutory or
otherwise) of the Party causing the injury, death, or property damage upon which the
claim is based.
10.4 WesternGeco shall release, defend, indemnify and hold harmless National Oil from
any and all claims related to surface pollution (including control and removal thereof)
emanating from WesternGeco vessels whilst under its sole custody and control and
during the time WesternGeco is engaged in acquiring the Survey . Notwithstanding
Annex 27
WesternGeco & National Oil
anything to the contrary, National Oil shall be liable for and shall release, defend,
indemnify and hold harmless WesternGeco from and against any and all claims
related to or arising from pollution or contamination emanating from any other source
during the time that WesternGeco is engaged in acquiring the Survey pursuant to this
Agreement, including control and removal thereof, regardless of the negligence in
any form, or breach of duty (statutory or otherwise) of WesternGeco.
10.5 WesternGeco’s sole liability for loss, destruction or damage to the Survey Data or Data
while in WesternGeco’ s possession, shall be limited to, at WesternGeco’s election
either:
(i) Re-shooting that portion of the Survey sufficient to reacquire the lost, destroyed or
damaged Survey Data (provided WesternGeco has not demobilised from the Area
of Operations); or
(ii) If the lost, destroyed or damaged Survey Data may be reasonably corrected
through reprocessing, recopying, reformatting or reconstituting the Survey Data.
WesternGeco shall have no further liability or obligation to National Oil.
10.6 National Oil and WesternGeco shall not be liable for any special, indirect punitive,
incidental or consequential damages (whether or not foreseeable at the date of this
Agreement), including, without limitation, loss of profits, loss of production or
business interruptions which result in any manner, directly or indirectly, from the
performance of this Agreement regardless of the negligence in any form or breach of
duty (statutory or otherwise) of any of the Parties.
10.7 The indemnities given under the provisions of this Agreement shall extend to the
Parties’ parent, subsidiary and affiliated companies, their subcontractors and their
respective owners, shareholders, joint venturers, directors, officers and employees. In
the event that this Agreement is subject to indemnity limitations imposed by any
applicable laws, and so long as such limitations are in force, then it is agreed that the
above obligations to indemnify are limited to the extent allowed by law.
ARTICLE 11 – WARRANTY
11.1 WesternGeco warrants that the Survey Data and the Data will comply with the
material aspects of the specifications and other technical requirements of this
Agreement and in accordance with industry standards, until demobilisation from the
Area of Operations for the Survey Data; and for a period of thirty (30) days after
completion of the processing of the Survey Data, for the Data. WESTERNGECO
MAKES NO OTHER WARRANTY OR REPRESENTATION, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO ANY SURVEY, SURVEY DATA, DATA, SERVICES, TAPES, OR
REPORTS, AND DENIES AND NEGATES ANY SUCH WARRANTIES OR
REPRESENTATIONS.
11.2 Any interpretation of the Survey Data and/ or Data (whether made directly from
geophysical or seismic data provided to or by WesternGeco, or by data processing or
otherwise) or interpretation of test or other data, and any recommendations or
reservoir description based upon such interpretations, are opinions based upon
inferences from measurements and empirical relationships and assumptions, which
inferences and assumptions are not infallible, and with respect to which professional
Annex 27
WesternGeco & National Oil
geophysicists or analysts may differ. ACCORDINGLY, WESTERNGECO CANNOT
AND DOES NOT WARRANT THE ACCURACY, CORRECTNESS OR
COMPLETENESS OF ANY SUCH INTERPRETATION, RECOMMENDATION OR
RESERVOIR DESCRIPTION. UNDER NO CIRCUMSTANCES SHOULD ANY
SUCH INTERPRETATION, RECOMMENDATION OR RESERVOIR DESCRIPTION
BE RELIED UPON AS THE SOLE BASIS FOR ANY DRILLING, PRODUCTION OR
FINANCIAL DECISION OR ANY PROCEDURE TO BE PERFORMED BY
NATIONAL OIL OR ANY OF ITS OTHER CONTRACTORS. National Oil has full
responsibility for all such decisions and for all decisions concerning other procedures
relating to any of National Oil’s operations.
ARTICLE 12 – ANTI-CORRUPTION
12.1 No officer, employee or agent of either Party shall request, accept or pay, directly or
indirectly, any commissions or fees, or grant any rebates to any officer, employee or
agent of the other Party, nor favor, or be favored by, any officer, agent or employee of
the other Party with gifts or entertainment of significant or substantial cost or value,
nor enter into any business arrangements with employees or officers of the other
Party, except as representatives of the Parties respectively.
12.2 The Parties shall notify each other promptly of any violation of this Clause 12.
12.3 The Parties may audit each other’s records relating to this Agreement in the event
that such Party reasonably suspects that there has not been compliance with this
Clause 12.
12.4 Neither Contractor, its Affiliates nor any of their respective personnel will make,
directly or indirectly, any offer, payment, gift, promise to pay or authorize any
payment of money or anything of value, directly or indirectly, to or for the use or
benefit of any official or employee of any Kenyan governmental entity or
instrumentality thereof, including any employee of a state-owned company such as
National Oil or a national oil and gas company, or to or for the use or benefit of any
political party, official or candidate unless such offer, payment, gift, promise or
authorisation is lawful under the written laws and regulations of Kenya.
ARTICLE 13 – CONFIDENTIALITY
13.1 Any and all information furnished by WesternGeco to National Oil, whether in writing
or orally, including but not limited to geophysical data, geological data, maps, charts,
business plans, financial information, know-how and trade secrets, costing or pricing
policies and marketing plans (hereinafter “WesternGeco Confidential Material”) shall
be deemed confidential and shall be kept and maintained by the Natioanl Oil under
appropriate safeguards.
13.2 National Oil agrees that all WesternGeco Confidential Material will remain
WesternGeco’s sole property and will not be disclosed to others or used by National
Oil for any purpose other than for the performance of this Agreement by National Oil
and shall not be used in any manner that is adverse or detrimental to WesternGeco.
National Oil further agrees that all WesternGeco Confidential Material in tangible and
electronic form (including but not limited to reports, drawings, plans and
specifications) shall be returned to WesternGeco upon request.
Annex 27
WesternGeco & National Oil
13.3 WesternGeco agrees that all confidential information received from National Oil
(hereinafter “National Oil Confidential Information") shall remain National Oil’s sole
property and will not be disclosed to others or used by WesternGeco for any purpose
other than for National Oil’s benefit. WesternGeco further agrees that all National Oil
Confidential Information in tangible and electronic form (including but not limited to
reports, drawings, plans and specifications) shall be returned to National Oil upon
request.
13.4 Notwithstanding anything to the contrary, this Clause shall remain in full force and
effect for a period of five (5) years. Notwithstanding the expiration or termination of this
MO, Agreement terms and conditions hereof regarding confidentiality and restrictions
on the use of Evaluation Material delivered to National Oil shall survive and continue in
full force and effect.
ARTICLE 14 – REPRESENTATIVES AND NOTICES
14.1 In order to provide for the management and organisation of all matters related to the
fulfillment of the present Agreement, National Oil will appoint authorised
representatives to assist to the fulfillment of this Agreement.
14.2 All notices permitted or required under this agreement shall be sent as follows:
a. National Oil
Address
b. Eastern Echo DMCC
Multiclient New Ventures Team
Postal address:
Schlumberger House, Buckingham Gate
Gatwick Airport, West Sussex, RH6 0NZ
United Kingdom
All notices, with the exception below, shall be deemed duly delivered to the Parties under
this Agreement if such notices are delivered in English via registered mail, hand delivery or
electronic transmission, including fax transmission, provided that confirmation of such
transmission is received.
However, all notices relating to transfer of funds, or any other directive, relating to National
Oil’s revenue share shall be delivered to WesternGeco in English via registered mail and
shall bear National Oil’s official stamp and the signature of the authorising officer and in the
form set out in Appendix 8.
ARTICLE 15 – GOVERNING LAW AND DISPUTE RESOLUTION
15.1 This Agreement is made in English and is governed by and construed in
accordance with the laws of the Republic of Kenya.
15.2 For any dispute arising out of or in connection with the Agreement, including
any question of existence, validity or termination, National Oil and
WesternGeco shall first make every effort to reach an amicable settlement by
direct negotiation.
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WesternGeco & National Oil
15.3 In case of failure to reach an amicable settlement, any dispute, controversy or
claim arising out of or in any way connected with this Agreement shall be
finally resolved by arbitration in London, UK under the Rules of Conciliation
and Arbitration of the International Chamber of Commerce (the “ICC Rules”)
by three arbitrators of whom one shall be appointed by each Party within
twenty (20) days of a claimant Party submitting its request for arbitration. The
third arbitrator shall be appointed by mutual agreement of the two arbitrators
appointed by the Parties within twenty (20) of the date of their appointment.
Failing agreement between the Parties within 20 (twenty) days of request by
either Party or by the two arbitrator to appoint the third arbitrator, then the
President of the Secretariat of the ICC from time to time shall appoint the
arbitrator(s) or the third arbitrator, as applicable, who shall serve as chairman
of the Arbitration Tribunal. The arbitration proceedings shall be conducted in
English. The arbitration award may include costs and legal expenses and
may be entered in any court of competent jurisdiction. The arbitrator shall give
their decision within three (3) months from the commencement date of the
arbitration proceedings and shall provide the Parties with a written decision
stating the reasons for their decision. All monetary awards shall be made in
US dollars. An award or a decision, including an interim award or decision, in
arbitral proceedings pursuant to this Clause 15 shall be binding on the Parties
and judgment thereon may be entered in any court having jurisdiction for that
purpose. NationalOil hereby irrevocably waives any defences based upon
sovereign immunity and waives any claim to immunity:
ARTICLE 16 – GENERAL
16.1 The Parties will each keep confidential any and all information furnished to it by the
other in connection with this Agreement that is identified as confidential or proprietary,
except to the extent any such information may be generally available to the public or
other third parties, and each Party will instruct their respective officers, employees
and other representatives having access to such information of such obligation of
confidentiality. Subject to the above, WesternGeco will have no obligation to disclose to
National Oil or any other person or entity the substance of any know-how, equations,
formulae, procedures, WesternGeco Developed Technology or other information that
WesternGeco considers to be proprietary to it and which WesternGeco has used or may
have used in connection with the Survey. In the event such information is disclosed to
National Oil , National Oil shall treat the same in the strictest confidence in terms of
international procedures for the control of proprietary information, and shall not use nor
disclose such information to any third party.
16.2 All taxes incurred by WesternGeco in its country of incorporation, including stamp
duty, and taxes related to the acquisition, processing and marketing of the Survey
Data under this Agreement shall be borne by and be the responsibility of
WesternGeco. However, in the event that WesternGeco is required to pay any tax
(including but not limited to corporate taxes, property taxes, turnover or sales taxes,
withholding taxes, consumption taxes, stamp taxes) in the Republic of Kenya as a
result of the services provided pursuant to this Agreement, National Oil agrees to
reimburse WesternGeco for such taxes. In certain circumstances, payment of such
reimbursable funds may be deducted from National Oil’s revenue share (as defined
in Appendix 2).
Annex 27
WesternGeco & National Oil
16.3 Neither Party shall be deemed to be in default of their obligations whilst performance
thereof is prevented or delayed by circumstances beyond their reasonable control,
including but not limited to floods, fire, earthquakes, and other acts of Nature, as well
as military actions and other acts of government, riot, war, strikes, insurrection, civil
disturbance or any other circumstances that are beyond the reasonable control of the
Parties. Payment obligations due hereunder shall not be subject to force majeure
relief.
16.4 The rights and obligations under this Agreement may not be assigned in whole or in part
by either Party without the written consent of the other Party. WesternGeco may,
however, without the consent of National Oil, assign any receivables due to
WesternGeco under this Agreement, and/or assign this Agreement in whole to an
Affiliate of WesternGeco.
16.5 WesternGeco is an independent contractor, and shall in its sole discretion choose the
means and manner of performance. Nothing in this Agreement shall be construed as
creating an employer-employee, agency, partnership, joint venture, trust, or other
relationship between WesternGeco and National Oil. Neither Party shall have any
authority, express or implied, to enter into any contracts, obligations, or commitments in
behalf of or binding on the other Party.
16.6 This Agreement constitutes the entire agreement between WesternGeco and National
Oil , and supersedes all prior communications, representations, and agreements, either
oral or written, with respect to the subject matter hereof.
16.7 Should any provision of this Agreement, or a portion thereof, be unenforceable or in
conflict with governing national, state, province, or local laws, then the validity of the
remaining provisions, and portions thereof, shall not be affected by such
unenforceability or conflict, and this Agreement shall be construed as if such
provisions, or portion thereof, were not contained herein. Failure of National Oil or
WesternGeco to enforce any of the terms and conditions of this Agreement shall not
prevent a subsequent enforcement of such terms and conditions or be deemed a
waiver of any subsequent breach.
IN WITNESS WHEREOF the parties have hereunder caused their seals to be affixed the
day and year first above mentioned:
For and on behalf of For and on behalf of
National Oil Corporation of Kenya Eastern Echo DMCC:
Signature: ……..…………………… Signature: ………….……………………….…
Print Name: ….…………………….. PrintName: ………………………………….…
Title: ……………….………………. Title: ………………………………………….…
Date: ……………………………….. Date: ……………………………………………
Annex 27
WesternGeco & National Oil
APPENDIX 1 – Acquisition and Processing of Survey Data
1.1 ACQUISITION AREA
WesternGeco will acquire, process, reprocess and market a non-exclusive Survey in the
areas outlined in Map 1 and 2, and using the parameters detailed in this Appendix. Should
any part of the Survey be awarded for oil and gas exploration, development or production
prior to acquisition of the Survey Data, WesternGeco may choose not to collect new Data
over those blocks.
MAP 1.
Proposed ( 20km x 20km ) 2D survey grid ~ 9,600 line kilometers 2D
acquisition and underlying 3D exclusivity area
* Survey Grid is subject to amendment by pre-committing companies
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WesternGeco & National Oil
Map 2
Proposed ( 20km x 20km ) 2D survey grid ~ 9,600 line kilometers 2D
acquisition and underlying 3D exclusivity area, showing 3D that may be
acquired by CGG for Anadarko and Total
* Survey Grid is subject to amendment by pre-committing companies
WesternGeco understands and agrees that CGG may be awarded a MC3D seismic
acquisition contract by Anadarko and Total over the area set out in Map 2 of
Appendix 1. Subject to the award of such contract to CGG and notwithstanding
clauses 1.3 and 3.1(b) of the Agreement, and unless agreed otherwise with National
Oil, WesternGeco agrees not to carry out any 3D seismic acquisition in the western
portion of Block L25 set out in Map 2 until the 1st of September 2014.
In the event CGG is not awarded a MC3D seismic acquisition contract by Anadarko
and Total or CGG has not completed the seismic acquisition over the area of Block
Annex 27
WesternGeco & National Oil
L25 set out in Map 2 by the 1st of September 2014, WesternGeco’s exclusive rights
shall extend to the remaining area of Block L 25.
For sake of clarity, WesternGeco’s exclusive right of acquiring a 2D seismic
acquisition over the area set out in Map 1 of this Appendix shall not be affected by
the award of a 3D seismic acquisition contract to CGG.
2.1 DATA ACQUISITION PARAMETERS:
Streamer 1 x 10,000m Q Solid
Streamer Depth 8m to 35m Linear ObliQ
Trace interval 3.125m single sensor
Record length 12 secs
Near offset 125m
Source Single 5085 cu.in Delta3
Source Depth 6 – 9 – 6 metres
SP interval 25m
Gravity and Magnetics
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WesternGeco & National Oil
3.1 PROPOSED PROCESSING PARAMETERS:
Read SS raw (3200 channels)
Nav Merge (P190 including water depths) @ 2ms
Trace Edit and QC.
Enhanced DGF
Trace decimation to 6.25m
CMS (shape recorded wavelet to average CMS target signature).
Resample 2ms to 4ms
Tau P linear noise attenuation IF NEEDED
Cascaded AAA
Single Streamer Deghosting
Receiver Motion Correction (average boat speed per sail line used)
Trace decimation to 12.5m Group Interval
Zero phasing (operator derived from average CMS target)
2D Surface Multiple Prediction (SMP) using GSMP algorithm
Trace decimation to 25m Group Interval
Velocity Analysis at 2km interval.
Inverse Q compensation (Phase Only).
WLS Radon Demultiple.
Diffracted Multiple attenuation (PRIMAL)
Residual bubble pulse attenuation (if required)
Time variant filter.
FXY decon on offset planes (if required).
Isotropic Kirchhoff PreSTM using 2km smooth velocity field.
Migration Velocity analysis iteration 1 – 2km interval.
Isotropic Kirchhoff PreSTM with smoothed 2km migration velocity field.
Migration Velocity analysis iteration 2 – 1km VP and 2km interval eta.
Full Kirchhoff Anisotropic PreSTM.
Post Migration WLS Radon Demultiple
Dense Spatially Continuous Velocity Analysis (SCVA)
Full offset and AVO angle stack
Inverse Q compensation (amplitude only)
Gun and cable static correction
Time Variant Filter
The processes/algorithms proposed in the above sequence have been chosen in the
light of WesternGeco’s extensive experience in East Africa. However, the final
processes and parameters chosen will be subject to testing and the response of the
Survey Data. WesternGeco reserves the right to make the necessary decisions to
adjust or modify the sequence for optimal results and fulfill the survey objectives.
Annex 27
WesternGeco & National Oil
APPENDIX 2 – Licensing Fees and Revenue Share
1.0 Service Credit for Provision of Services
1.1 The revenue share to be paid to National Oil shall be made after WesternGeco has
recovered all costs incurred in the provision of services, as set out in Appendices 3-6.
Any additional services, requested by National Oil and which are not included in this
Agreement or any increase in the level of investment made by WesternGeco
hereunder, shall be billed to National Oil accordingly. Payment of such services shall
be set off from National Oil’s revenue share.
For the avoidance of doubt, such additional services shall always be subject to the
availability of sufficient funding.
2.0 Licensing Fees
2.1 In order to encourage companies into early participation in the Survey, there will be a
reduction in the basic license fee for those companies pre-committing before a
specified date.
2.2 The basic license fees are for a single company licensing the Survey Data, and if a
bona fide bidding group licenses the Survey Data, an escalation factor of 50% per
additional partner will apply in addition to the basic license fee.
2.3 Reproduction of tape datasets or seismic sections will be in addition to the basic
licensing fees and will be quoted at WesternGeco’s standard rates for the products
required.
3.0 Survey Costs
Survey Volume: 9,400 Km approx.
New Acquisition and Processing: 2,000 US$/Km
Total Survey Costs: (Cost x1) 19,800,000 US Dollars
4.0 Licensing Revenue Share
New Survey Revenue Share
Revenue derived from or associated with the purchase by oil companies or groups of
oil companies of licenses to the Survey Data shall be divided between National Oil
and WesternGeco in accordance with the following revenue sharing schedule and
only after the costs incurred by WesternGeco in accordance with Appendices 3-6 are
fully recovered:
Tier US $ WesternGeco% National Oil%
First $1 - COST x 1 95 5
Second > COSTx 1- COST x3 80 20
Third > COST x3 60 40
Where first Tier represents license revenue from; US $1 up to and including one time
the cost of the Survey (COST);
Where second Tier represents license revenue from; greater than one time COST to
three times Survey COST; and
Annex 27
WesternGeco & National Oil
Where third Tier represents license revenue from; greater than three times Survey
COST.
4.2 Reprocessing Revenue Share
Where WesternGeco has been granted the authorisation by National Oil to reprocess
the Survey Data, the costs of reprocessing the Data , Reprocessing Costs (”RC”)
shall be agreed by the Parties and revenue derived from or associated with the
purchase by oil companies or groups of oil companies of licenses to the reprocessed
Survey Data shall be divided between National Oil and WesternGeco in accordance
with the following revenue sharing schedule:
Tier US $ WesternGeco% National Oil%
Tier 1 1-RC 95 5
Tier 2 >RC – (RC x 3) 80 20
Tier 3 >RC x 3 60 40
4.3 WesternGeco will receive 100% of the revenues from tape copying and
reproduction.
4.4 The Survey Cost recovery and revenue share configuration shall strictly relate
to the volume of Survey Data and Data actually collected and/or reprocessed.
The above income share is based on the approximate number of kilometers
proposed for both new acquisition and processing in addition to reprocessed
Public Domain Data. Adjustments will be made after completion of the Survey.
Annex 27
WesternGeco & National Oil
APPENDIX 3 – Geology and Interpretation Collaboration
Technical, Commercial specifications and any standard terms and conditions to be provided
by WG
Annex 27
WesternGeco & National Oil
APPENDIX 4 – Provision of National Data Centre
More Technical, Commercial specifications and any standard terms and conditions, if any, to
be provided by WG
Annex 27
WesternGeco & National Oil
APPENDIX 5 – Provision of Data Processing Centre
Technical, Commercial specifications and any standard terms and conditions to be provided
by WG
Annex 27
WesternGeco & National Oil
APPENDIX 6 –Collaboration & Visualisation Centre
Technical, Commercial specifications and any standard terms and conditions to be provided
by WG
Annex 27
WesternGeco & National Oil
APPENDIX 7 – Master License Agreement
Master License Agreement as per the IAGC guidelines.
Annex 27
WesternGeco & National Oil
APPENDIX 8 – Request to Transfer funds
Sample letter
On National Oil Letterhead
To:
Eastern Echo
Postal address:
c/o Schlumberger House
Buckingham Gate
Gatwick Airport
West Sussex
RH6 0NZ
UK
Dear Sirs
Subject: Agreement dated ______
National Oil acknowledges receipt of your fax/letter dated ______ relating to the revenue
share of funds derived from the licensing of seismic data offshore Kenya as governed by the
above agreement (s).
You are kindly requested to transfer the sum of US $ to National Oil’s nominated account as
follows:
Bank Name :
Branch:
Branch Code:
Account Name;
Account Number:
Swift Code:
Please advise of the value date when the transfer is complete.
Yours faithfully,
For National Oil Corporation of Kenya
Annex 28
Soma Oil & Gas Exploration, Ltd., Unlocking Somalia’s Potential: 1st International Forum on
Somalia Oil, Gas & Mining (27-28 Apr. 2015)
Annex 28
Annex 28
This presentation may contain forward-looking statements which are made in good faith and are based on current expectations
or beliefs, as well as assumptions about future events . By their nature, forward-looking statements are inherently predictive and
speculative and involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the
future . You should not place undue reliance on these forward-looking statements , which are not a guarantee of future
performance and are subject to factors that could cause the actual information to differ materially from those expressed or
implied by these statements. The Company undertakes no obligation to update any forward-looking statements contained in
this presentation, whether as a result of new information, future events or otherwise.
Nothing in this presentation shall constitute or form part of, and should not be relied upon in connection with, any offer or
invitation to sell, underwrite, acquire or solicit, or any other offer to purchase or subscribe for shares or any other securities , nor
may it or any part of it, or the fact of it being made available to any person, form the basis of or be relied upon in connection
with any contract. No reliance may be placed for any purpose on the information and opinions in this presentation. No
representation, warranty or undertaking, express or implied , is made as to the fairness, accuracy or completeness of the
information or opinions in this presentation, by or on behalf of the Company (including, without limitation , its directors , officers ,
employees, partners, agents, representatives, members, affiliates and advisers) and (to the fullest extent permitted under law)
no liability or responsibility, is accepted by such persons for: (i) the accuracy, fairness or completeness of any such information
or opinion; or (ii) the use of this presentation by recipients. The information in this presentation has not been independently
verified.
The distribution of this presentation in certain jurisdictions may be restricted by law and therefore persons into whose
possession this document comes should inform themselves about and observe any such restrictions. No information contained
in this presentation nor any copy of it may be viewed, taken, transmitted or distributed in or into any jurisdiction where to do so
may lead to a breach of the law or any regulatory requirements. Any failure to comply with this restriction may constitute a
violation of relevant local securities laws. Any person who receives this presentation in violation of such restrictions should not
act upon it and should return it to the Company immediately.
Annex 28
• First mover in last offshore frontier in Africa
• Soma Oil & Gas is focused on exploring for hydrocarbons offshore in the Federal Republic of Somalia
• Led by a Board and Management team with extensive experience in oil and gas, finance and international relations
• Completed the first major offshore seismic acquisition survey in the Federal Republic of Somalia since 1989
• A geopolitical inflection point
• Somalia has been on a path to greater stability since the election of President Hassan Sheikh Mohamud in September 2012
• Federal Government of the Republic of Somalia is first to gain international recognition following two decades of state failure and
has particularly strong support from the UK, US, EU, UN and African Union
• Signed Seismic Option Agreement in August 2013
• Committed Soma Oil & Gas to invest in the gathering and digitisation of all available geological informat ion, the reprocessing of
existing seismic data, and
• Acquisition and processing of new seismic data offshore Somalia across 114,000 km2 Evaluation Area
• In return, Soma Oil & Gas has the right to apply for up to 60,000 km2 based on an agreed form template Production Sharing
Agreement
• Seismic processing complete in April 2015
• Ministry Data Rooms will be established in Mogadishu and London
• PSA applications to follow
2
Annex 28
Rationale for Hydrocarbon Exploration Offshore Somalia ~
• Significantly under-explored due to historic security issues - all PSCs in Force Majeure since 1990-91
• Only 6 offshore wells along the entire length of the eastern offshore basin
• Only 1 offshore well near Soma Oil & Gas Offshore Evaluation Area drilled by Exxon in 1982 in shallow water
• Deep water entirely unexplored; historic seismic mainly limited to water depths of less than 1,000 m, while Soma Oil & Gas
Evaluation Area extends to approximately 3,000 m water depth
• Hydrocarbon plays - source and reservoir rocks - proven in adjacent sedimentary basins
• Anadarko, BG, Eni, Ophir Energy, Statoil and Tullow Oil have made recent discoveries in East Africa
• USGS estimate Undiscovered Resources of 16 billion barrels of oil and 260 Tcf gas in th ree provinces bordering south Somalia
offshore - Tanzania/Kenya, Madagascar and Seychelles
• Early-Mid Jurassic plate reconstruction places offshore Somalia adjacent to Madagascar where Jurassic source rocks are
present in well penetrations
3
Annex 28
Somalia .. Plate Recon,.$).r,u_ction in Jurassic
•••c~ ~
• Present day
positioning of
continents and
age of ocean
crust
Mid Jurassic Plate
Reconstruction
,(} 2500 km
Mid Jurassic plate reconst ruction places Somalia immediately
opposite north-west Madagascar and Seychelles during the critical
period of hydrocarbon source rock deposition
4
Annex 28
USGS Estim;ted ~Ur:i._.. p.._ §_j_~, _c pvered Resources (2012) ~
.L tiong' we , .. -, I
,,\ )
\~~
40•e
Tanzania
2.8 Bbo +
70 Tcf
Source. www .energy .usgs.gov
so·e 60'E
Soma Oil & Gas
Offshore
Evaluation Area
a
Seychelles
2.4 Bbo +
20 Tcf
(J
o 230 !Oo ;,o 1,000
,.
A A Kns
10"N • USGS estimate total Undiscovered Resources of 16 billion barrels of oil
lo-
,o~s
l20•s
and 260 Tcf gas in provinces bordering Soma Oil & Gas Offshore
Evaluation Area in Somalia offshore waters
• Plate reconstruction to Lwr. Jurassic - t ime of deposition of hydrocarbon
source rocks - emphasises the relevance of the adjacent data
2.4 Bbo +
20 Tcf
Discoveries to Date
Gas Resources:*
c.150 Tcf Mozambique
c. 36 Tcf Tanzania
Heavy Oil (STOI IP)*
Madagascar
17 Bbbl Bemolanga
2 Bbbl Tsimiroro
200 ,10() 600 600
Kms
5
Annex 28
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Annex 28
Regional Evaluation Completed -April 2014 ~
• Data Acquisition and Compilation
• Purchase of 4,270 km of existing onshore seismic and 7,416 km of existing offshore seismic
• Purchase of data on 20 onshore wells and 2 offshore wells
• Purchase of available consultant and oil company reports on oil exploration activities in Somalia
• Download of data on relevant DSDP wells offshore Somalia
• Download of Lamont-Doherty 1980-81 academic seismic relevant to offsho re Somalia
• Studies
• Study and interpretation of all of the purchased data listed above
• Public domain research into regional geology of surrounding East African countries
• Plate tectonic reconstructions for western Indian Ocean
• Report
• Report documenting the compiled data and study results was completed in April 2014
7
Annex 28
SeismicAcquisitiO~mF:,r>qgramme - February to June 2014 tE')
·->.,.\ :_~ -
2D Survey Basic Grid Acquired
__ /---
,,. ., .
i:) J...,1
...,....,
0
0
~u •• 1
OlM~Dllll-t
~. .."." \;.: z. ,:;,
'-..{/'\/ '//
~ . -· . '~,'-- -·' ,,_.." -<- ~o,;_ :.x/='
\" >-,/:',"; ,~J r~
-W-~l-r. .i ' .{','\ I:.._,; ~
Somalia
J[ - ~r -:--..~..,:..,. ? ' 'i:il ·17· i 1 "-
/ ,,~~~00 ~1 ; '
,_ ),~:;r, :
,
/I
f
I
'j./ 7 ' - - - 9i,,.2;,
f -Q-
.,·
I
t llllltlWl>lC
('; ::;
DJ ..... _.,
.... /\I
I
LIOo-•t
0
&1au,1
)::.UN 1
,.
('·,,-,, II
r"' -...J s·/~ .
I
('J
5
sn- -·
0 50 100 200
- - Kilomelers
~
( . \f l
\_ 1.,,,I /
V C 11J
J/
)
I
)
Acquisition Strategy
• Interpret on-board processed data
• Inf ill basic grid to be acquired where good
prospectivity is recognised
Survey Acquired
•
•
•
Time window: Feb-May - shutdown late May as
expected due to strong currents generated by SE
monsoon
10 x 20 km basic grid largely acquired as planned -
16,550 line km, c. 1,150 km less than plan
Main difference: unable to acquire data within 12
nautical miles of coast
Infill Acquisition
•
•
Successful interpretation of on-boa rd processed data
- allowed areas of interest to be identified, and infill
lines to be acquired in real time
Total of c. 4,000 line km of infill lines acquired over
prospective areas (not shown on map)
8
Annex 28
Completion of th6:2iQ.$eismicAcquisition - June 2014 ~
A
• The seismic acquisition programme was successfully concluded in June 2014, within 10 months of signing the
SOA
• Over 20,500 km lines of 2D seismic data having been acquired across 185,000 km2 Offshore Evaluation Area and
Reconnaissance Area
• Two seismic vessels and eight support vessels
• 110 days to complete
• 72% operational time; 28% downtime (including crew changes, excluding Mob/Demob)
• Zero security and HSE incidents
" -'~~
9
Annex 28
Preliminary Structural Leads Mapped
• Regional interpretation was carried out during acquisition using on-board processed data
• Objective: To identify prospective areas to target for infill data acquisition
• Preliminary assessment of Prospectivity completed May-Sept 2014 based on on-board processed data
• Regional stratigraphic framework developed - tied to available wells
• Regional tectonic framework mapping completed
• Structural leads mapped - some of very large size
• Preliminary hydrocarbon volumetrics calculated
• Ongoing technical work
• Re-interpret seismic data using final PSTM processed data
• Analyse amplitude and AVO data for indications of hydrocarbon presence
• Use gravity & magnetic data to influence final interpretation
• Modelling of source rock maturity
• Play fairway mapping
• Prospect and Lead mapping and depth conversion using seismic velocities
• Prospect and Lead hydrocarbon volume assessment
• Prospect and Lead risking analysis
~
10
Annex 28
.
Well Ties for Stratig[~_pbJc Calibration ~
~- 0
0 ..... ,
-· 0
O n.u- 1
nl.MIIO.-.,,
_ ..".- :;,6
Ethiopia
o.. .. , ... ,,
0 0
INMMl-1
.. ,
0
• Dl-1
~ .. ,M
I "'
'-- -· 0
C, ....,.h ,
Somalia
- J
'
"'
_,,,/ 0 50 100 200
..____ ---- Kilometers
' ~ ''6SDP241
• Only 1 direct well tie, to Meregh-1 (Esso 1982)
• Indirect ties to Pomboo- 1 and DSDP241 of limited use
for stratigraph ic correlat ion
• Significant data gap, >50 km, between coastal onshore
wells and Soma 2D survey
• Hence the stratig raphic age calibrat ion of horizons
interpreted in the new 2D survey poses a significant
challe nge
11
Annex 28
, nn
7.20
7.<0
7.60
1.a•
~-U
8.20
20(00 300JO
• Lwr Jurassic syn-rift (Blue) absent at well, and poorly imaged in basin due to
depth
• Mid Jurassic (Orange) thick on shelf and thins depositionally into basin
• U. Jurassic & Lwr Cretaceous (Green) th ickens into basin but deformed by gravity
sliding and eroded at Mid Cretaceous unconform ity
• Thick wedge of U. Cretaceous (Yellow) onlaps basin slope and not represented in
well
• U Cretaceous and Lwr Tertiary absent on basin slope due to localised erosion
Hence:
• Stratigraphic age calibrat ion into basin remains uncertain
But geology in the basin is quite diffe rent to the shelf
12
Annex 28
Possible Source Rocks Offshore Somalia
Upper Jurassic
Mid Jurassic
Lower Jurassic
Perm o/T riassic
Evidence
Global anoxic event. Known in Ogaden Basin in Ethiopia, and in north
Somalia
Beronono outcrop, Madagascar -- Excellent oil prone source, >10% TOC
(Hunt Oil, 2007), expected to be present in deep water facies of Mid Jurassic
Lacustrine sources inferred to be present in syn-rift facies observed on
seismic
Lacustrine Karoo sources well deve loped in Madagascar- source of giant
heavy oil fields, and present in Ogaden Basin in Ethiopia
Interpreted Reservoir Rocks, Offshore Somalia
Tertiary sst
U. Cretaceous sst
Lwr Cret/U. Jur Lst
Mid Jurassic Lst
Triassic sst
Oligocene deep marine sands in mapped fan & channel system
Multiple levels of deep marine channel & fa n sands interpreted in delta front
setting
Shallow marine limestone facies inte rpreted on shelf margins and fau lted
into basin
Mid Jurassic carbonate reefs and shoals clea rly evident on seismic
Karoo continental alluvial fan sands expected in pre-rift
13
Annex 28
Lower Jurassic Riift::·1".'$
1
9~ rce Rock Deposition
. ·-·~'..A...- ~
-· 0
o-•
o __ ,
-0_""",,
I.M~0...1 "
O Pomboo• 1
Ethiopia
Somalia
--- 0 0
-· 0
OI.M ...... ,
.,- .... i
0
lllu,.1
.....,. ..
0
0 -~-...., ~ \.
Seychelles
~ (II
Madagascar / '6
C:
o so 100 1 200 \
- - Kilometers
.1
econstructi on 175 M !I
• Map shows the area of the Lower Jurassic rift
(200-175 MY) which preceded the sea floor
spreading that moved the Madagascar and
Seychelles plates to the south
•
•
•
Rift was predominantly located in present day
offshore Somalia
Lower Jurassic source rocks infer red to be
present in the rift section
Rift area also localises deep water areas in Mid
& Upper Jurassic where additional source rocks
are likely
14
Annex 28
Middle Jurassic ·Earrly: ~rift - Source Rock Deposition ~ ', . \ . . ,
0 50 100 200
- w Kilometers
Ethiopia
~ / J~;
~
t' somalia ~
.,_,
0
- -•~-.....-
-✓' b/- ./ ,j. ... ~-., ...:. ~*
:,,! r:;I _,__
·- ~-
: =~ ~l
{::,_ro/"J""-"'
~- - -
', '; ,, \' Y 'I 'J V ·• V \/ V I ', ,,
I~ ::~ : ~ t, :;: ~: ~ ~ ~ ~-::,1
•' V \/ \/ ·: '.' ,,
'I •' •' V \/ \I 'i ',' \1
'I o' •' \/ \I V 'i ',' \!
\,' VI/ I/ 'I ',' ,,
•' \I V V 'J ',' \!
•' v v v ·; \' vl
S \/ V V '1
_. \( ,.
\IV ', '; j,,~ 'I '&• \I V V '1 ',
V V V ~ A,_"O V Vi&.! . I/ V \I I '1 r-, nv w:u~-v ~ 'v vv ·n
\' ... \f . ~ ,, 'I '•' '•' I/ I/ V '• ';
. ~\IV lj 'V I' ~ ~ -,,• 'I 'I ',J '•'\IV \I '1 '1
V.V ~ i > il ~il:- ' VVV \' JVVV' i 'i
\,'\IV\1 1' '\/', ,' V 't 'J' O '• \IVV'J'i
"i •' \( V ' \1 ,A, , ,• 1' V 'I •1 ... ... \I \I \/ ".I 'i
V '1 .:: ~ ~ ~ ~- ::: o'it/:~ .:::;~,~:~:::;~ -;.-~.J
\/ V 'I ,J \/ \I \/ I, '•' \I I! I/ '
vv•, ,· vvvv ·•,,.--" .._
lvv•, \· vvvv -1 '
V '1 '.' •' V V \I_,>-\.,_ ' , , ,- -- -\
Seychelles
', ....
,r v-~1
,Madagasca f
\ \
I ,
' I 11
-I
\
/
,,,,,, (U ' ,_
I ,::i
I C:
I * '·- 1 ' Beronond outcrop I -
I
I'
Recon~ ruction 155 Mo
• Map shows the depositional facies of the Mid
Jurassic just after the start
spreading between Somalia
Madagascar/Seychelles plates
of oceanic
and the
• Seismic evidence indicates that deep marine
Mid Jurassic facies offshore Somalia are
located almost entirely in present day deep
water
•
•
Middle Jurassic source rocks likely to
concentrate in the deep water facies
High quality Mid Jurassic source rocks known
from Beronono outcrop and well data in
Madagascar
15
Annex 28
;-.jj: -;. - -
Late Middle Jurassic'~-~·•-.-•:C•.'.aI., r-bonate Reservoirs ~
,, ...c. .·
o lloU•M
ol""~"'--1
· · llamboa-t
Ethiopia
Somalia
•J1c-..n~1
0
,_ _ ,_ _'_1 ,,,1-'- .
aJDo11..1..1. 1 :,
tll J IS'-1
o""· .. 1
'I ',' ,_. V V V 'I/' ·; '.' \' V V •, '1 \'
~ 'I 'J •' V._'f"\1, t• •~ '.' \1 V V ', ', \'
/ •1 '1 ';,' :: _t_; ,,."'+'It'" :';: "",' 11 V V "1 "i
\ " · { V ,, ,, V [I;~-; •~ • ,, V V S' "i
{ :: :: ; : :1 ~ V V V ";' ::: :: : : ~ :;
v:~·;::•~• : ,: :;:::::;:;
,t VV'1' 1 4 '1' 1,$it vv\. 'J\'\ 'VV'1',
·/ 11 VV '1' '1~: ;ov. vVV li 'i '.'1' VV'1 '/
'i','1 1 vv •, 1'V • vvvvV 'J ".'1'VV 'i' 1
~~ · •: 1•VV '1 '1 1'~ 1 ·,,vvV\.'," ,'l 'VV '1 ',
V V 'l ',' 1' V V '1 ',>' ~ I '1 '•' ',' V V V Ii ',' ',' 1' V- ' '
V 'I ',' ",' 11 V V 'I '1 11 1' V I/ '1 ,_. ,_. V V V V 'J '
V \, '• ',' I' V V 'I '1 1' I' V 'I 'I , .. _. \/ ,~~_,.
✓ ~t ~.~ :::~ :: : ~ :::: ;~)_' : 'l I> ,
v vl " 'J . ., 11 • ·
V V
V V
V <
V V
vv
V V
vv
0 50 100 200
w w Kilomelers
• Map shows the area at the north end of the
survey where Late Mid Jurassic carbonate
reef and shallow water shoal facies are
interpreted from seismic evidence.
• These have potential to be high quality reserv oir
rocks.
16
Annex 28
- -
~
Late Middle Jurassic~..-- ~C,•arbonate Reservoirs ..,.;· •• - >
Cff~et
~.
• Mid Jurassic carbonate buildup localised on crest of large rotated fault block- possible Trap & Reservoir
• Potential for source rocks in off-structure deeper water facies of Mid Jurassic
• Additional source potential in Lower Jurassic syn-rift
• Additional reservoir potential in sandstones of Triassic Karoo fault block
2~000 :cooo ,1000 •~000 cooc o
...~ ~>?=i.
.; ....
~COO) cocoo
5km
i,.,¼ ~~:t::tf ~ l'1 ~ .,_.:.. •-•w,.,,._•-• ,
; t
~
..
'""'
17
Annex 28
Offshore Somalia Mid
Jurassic carbonate buildup
on Line SOM14-513
•
Sho\lVTal t c. same scale as:
Malampaya Field
(Oligocene) carbonate reef
in the Philippines \
WNW
5.400
5.600
Malampaya (Shel l),
• First gas in 2001.
650m gas + 56m oil leg
• GIIP 2.8 Tcf
• OIIP 268 MMstb
• C. 3000m depth
18
Annex 28
~ . . .
Upper Cretaceousr-cfl ~stic Delta Play
. ----- ~--- .
0 50 100 200
- - Kilometers
Ethiopia
./---
0
..,. ..
1J<all
\alM'l,V.,.'
0
Somalia
.. .i1.. e.,,y.1
0
IKt••·
0
0 ,i11i1,6,,'11" "
ba1.a111..1 : .-• , 1...,_,
0
l,n '" ,' V \o ', (f
I/ I/ 1, ',' ,, V V ',i 'J V '1 '; ,, V V
'~ v 'I ~,' ,., 'i ·,, V. 11 '; \' V V / v Y V '.' V '~" V 11 •; ,, IJ V '
',. 1 'JVV 'I I/· . ,, ,, ,, vv ·
'/ ,, 'i V V,Ajcf, V , V 1/ '1 ,, \I V
\' V 'i ',/ ,1.. ~~ ; V V '1 'i ,, V V ,I
fi ••V'i 'i'"" 'I'; V 'i\ 1 1/ 1/' l \' <JV
,. V \i 'I \f
•' V \o ,, I!
,· V \o '1 \'
,• V \o '1 ,1
,v-v•, ,,
•' V '1 '/ ,1
,, V V '/ I'
•' V \o ', I!
,' V \o 'I 1'
•' V \o ,, I!
S V V '/ I!
,'V\o'/1 '
v ·• ,' " ·k. ~v v~ v v ·• v v v v ,, v v
.- v v ·.·~-- ~~ ' V o!Vl/ ',j ',' l/ '1' /, 1 1/V
; \, I/ V '•' 'i 1 ',' ,' II II'• ., V 1/ '; \1 V V
,; •1 'i ,, V V '•' ,• · •~ V 1,' ,' VI/ 'I ',I V 11 ', ,, V V
\f 'I '; \1 'IV '•' ,• V 'ltiJ! V 'I •; ,, V V '•' ,, V I/ '; \1 \IV
V V 'I '1 \1 I/ V ~• ,• V '1 'I I/ V V ',' ,• V V ',' V V "I 'I ,, ii V
'•' V \o ', I!
' ,' V '1 V \1
,'V II '1 \'
,' V V 'l I!
·,,V '1'i1 ' V V ,' V 'i 'i\'V 'I ,' VV '/ ' V '1' 1 1' VV ,'V \o'i\f
~v•1 ·,,·vv ,· v•, ·~ 1tv •1 ,• vv ~v•1 •, ,•vv ,' V"'~-.•
VV'l ~ VVV , v v~\f~ V ,: vv VV 'I V\fV V vv v vv
l. v 11',1 ' VV _,,:v - 1 ','l!V 'I ,:vv ,'V'l '1l ' V\/ o/V\1'11 '
',' i \1 1/VVVVV '{V"l'i'/1/ V ,' V', 'l\ 1 1/V '.", 'VV'I VV'l',VV V
11' ,I/V'1 ',' ''VV -~v•1 11,,vv ," \/'1 'il/V'1 ','I/ VV' i ','V '1' 1 ,, vv
'1';\/\/'1/ ',' \'V \/ ~V'/'1\'YV \' V'/'~\fYV';\YY',i(V'/'1\'IIV
'1' J VV'l/ 'l \1 V'I/ '(\f'i'i\ 1 \/\/ ,' V'J 'JV VV',','VV'J \IV 'l/'/\ 1 VV
''\'V 1t', ' \'VV '(V'1'1\ 1 \l'I/ ,' V '1'i\'V'1', ' >/ V V ',i' ,'V 11•,, 1 V )
,,v .. '1 I!
iJ V \o 'i 1•
~• V \I '1 I'
\' V \o 'J ,,
,/ V \IV I'
,· V .. '1 If
.,, V \I 'i ,,
,• V \I ', I'
,' V V •, 1'
s' Y" '1 I'
·,, V V '' •
•' V \o 'I
vv
•
•
~
Large Clastic delta system dominated
deposition in the South of the region during
Upper Cretaceous and Tertiary
•
•
•
•
Major Upper Cretacous delta
entered the basin from the NW.
(bi ue arrow)
Deposition in
offshore area was mainly delta slope and pro
delta shales plus channel and fan sands
expected to form excellent reservoirs.
Gravitat ional collapse of the delta in Paleocene,
with listric normal faults nearshore and a major
toe-thr ust zone f urther offshore.
Pro-delta muds underlying the delta became
mobilised and intruded vertically as diapirs in
the centre of the system
Focus of delta deposit ion moved to north in
Tertiary (green arrow) and this system also
underwent gravity collapse in the Late Tertiary
System provides :
• Multiple Reservoir sands
• Large Trapping Structures
19
Annex 28
,.4
lj_(i
58
6.0
6.2
6.•0
fifi
6.8
•
•
•
Large scale gravity collapse of U. Cretaceous delta; basal slip plane near base of U Cretaceous
Mud diapirs in centre of system. (Note: gravity data suggests diapi rs are mud rather than salt)
Large scale toe-thrusts in outboard part of system
80 000 90000 100000 110000 TI1iooo" 130000
20 km 1~- ~;
¥
20
Annex 28
Preparation for P\SA.{-\J2plications
I ,. I .. ~ . __ ,. ..
• Soma Oil & Gas hopes to be in a position to make PSA applications shortly
• Ministry of Petroleum & Mineral Resources is getting ready to receive PSA applications
• Quad & Block Design and PSA Definition rules approved
Schematic Example of PSA Definition
t -
PSA might encompass several Prospects and Leads
7
- -----
50km
___( .·::) . ---• ,,. :
__,/ , _I ,' ~----- • --- ( //
I-: ::_~;··•'
--r<? \ .... _,,' ( -.:-_ _, _____ ,::\ \) _:) ,w.. ...
(;" ·--.... ...
1 ,,;, ,( :. ,.
(. -~--~/,,
-- ,-,
,:'' } }- ,,', ,
'. , ,
{_/
Block f;
21
Annex 28
Establishment of Data Rooms -April 2014 and Ongoing tl"J
• Soma Oil & Gas has completed the processing and re-processing of the 20,500 km lines of 2D seismic
data
• The processed seismic data is to be transferred to the Ministry of Petroleum & Mineral Resources as per
the SOA commitment
• Mogadishu - Soma Oil & Gas is working with the Ministry to find and create a secure and suitable location for the physical Data
Room in country
• London - a physical Data Room in the UK is being considered by the Ministry
• A virtual Data Room is also being considered to allow pre-view of some selected data and for data download as required
22
Annex 28
Capacity Support & CSR -April 2014 and Ongoing ~
• Capacity Building Paper signed 29 April 2014; extended through September 2015
• Capacity support salaries for Ministry staff and experts, and
• Contribution towards office equipment and outfitting
• In addition, Soma Oil & Gas is contributing towards the rehabilitation and refurbishment of the Ministry building to create the Data
Room as per the SOA obligation
• Corporate Social Responsibility
• Soma Oil & Gas will identify and support projects relating to Health, Education and Environment within the Federal Republic of
Somalia
• Scholarship programme for young Somalis
• Undergraduate and post-graduates courses directly or indirectly linked with the oil and gas sector
• Near term positive impact of the Oil & Gas Sector in Somalia
• Soma Oil & Gas established a Mogadishu office in April 2014 which will provide employment opportunities
• Our work with the Ministry will encourage other compani es to explore for hydrocarbons in the Somalia
• Under each PSA there will be explicit annual Training Fees and Local Community Benef it payments
23
Annex 28
Financial Results··and Commitment to date [j
• Soma Oil & Gas published its Annual Reports and Financial Statements on 17 September 2014
• Approximately US$40 million expenditure on Exploration Programme to date vs US$15 million commitment under
the terms of the SOA
Breakdown of Expenditure on Exploration Programme
Regional Evaluation 5%
Capacity Building Support 1 %
Mogadishu Office 1 %
Seismic Processing &
Interpretation 7%
Total to date US$40 million
Se ismic Acquisi tion
86%
24
Annex 28
• Soma Oil & Gas supports the Extractive Industries Transparency Initiative (EITI) and its aim to increase
transparency, accountability and strong corporate governance
• We became a corporate supporter of EITI in February 2015
• Soma Oil & Gas is also actively supporting the Government of the Federal Republic of Somalia in its ambition to
become an EITI compliant country
• EITI website www.eiti.org
EI T I Extractive
Industries
Transparency
lnltJatlve
25
Annex 28
• Soma Oil & Gas and the Federal Government of Somalia agreed a Seismic Option Agreement in August 2013 to
accelerate development of hydrocarbon regime
• Soma Oil & Gas completed Phase 1 of the SOA in April 2014, within 8 months of signing the SOA
• As part of the SOA, Soma Oil & Gas completed over 20,500 km of 2D seismic data across a 185,000 km2
Offshore Evaluation Area and Reconnaissance Area
• Federal Government of the Republic of Soma lia and Soma Oil & Gas agreed a capacity building support
programme in April 2014; extended through September 2015
• On track for completion of Phase 2 of the SOA in Q2 2015
• 2D seismic data now processed and to be delivered to the Federal Government of the Republic of Somalia and placed in Data
Rooms in Mogadishu and London
• PSA applications on prospective areas
26
Annex 29
Spectrum Geo, “Spectrum signs Seismic Data Agreement to Kick-Start Oil Exploration Offshore
Somalia” (7 Sept. 2015)
Annex 29
Press Release
September 7th, 2015
Spectrum signs Seismic Data Agreement to Kick-Start Oil Exploration Offshore Somalia
OSLO, September 7th 2015 – Spectrum ASA entered into a Multi-client master co-operation agreement with
the federal government of Somalia during a signing ceremony on September 5th at the SYL Hotel, Mogadishu.
The agreement allows Spectrum to acquire approximately 28,000 km of long offset 2D seismic data offshore
south Somalia. The new acquisition has been specifically designed to complement 20,000 km of existing
seismic that was acquired in 2014. Spectrum has also been granted the marketing rights for this data.
Together, these seismic surveys will allow the in-depth study of hydrocarbon prospectivity offshore Somalia,
which lies in close proximity to major discoveries on the East African margin. Spectrum will use its global reach
to market both data sets and raise industry interest.
At the signing ceremony the Ministry of Petroleum and Mineral Resources, His Excellency Mohamed Mukhtar
Ibrahim, said “This historic seismic data agreement will be the resumption of the exploration program of the
hydrocarbon reserves of our country, which will be a turning point for the economic development of our
nation.”
His Excellency Omar Abdirashid A. Sharmarke, Prime Minister of the Federal Republic of Somalia who
concluded the event stated “Seismic data can lead to good decision-making and a guided exploration
strategy.”
For further information, please contact:
Graham Mayhew, EVP Multi-Client, Africa
Email: [email protected]
Tel: +44 1483 730201
Jan Schoolmeesters, COO
Email: [email protected]
Tel: +47 91 77 79 61
About Spectrum
Spectrum provides innovative Multi-Client seismic surveys and high-quality seismic imaging services to the global oil and
gas industry from offices in the Norway, UK, USA, Brazil, Egypt, Australia, Indonesia and Singapore. Spectrum designs,
acquires and processes seismic data to deliver high quality solutions through its dedicated and experienced workforce.
Spectrum holds the world’s largest library of Multi-Client 2D marine seismic data and a significant amount of 3D seismic. The
company’s strategy focuses on both the major, established hydrocarbon-producing regions of the world as well as key
frontier areas identified by our experienced team of geoscientists. The Spectrum library of Multi-Client data contains projects
from many of the foremost oil producing regions of the world. These include new acquisition, reprocessing and interpretation
reports.
Annex 29
Annex 30
Soma Oil & Gas Exploration, Ltd., Unlocking Somalia’s Potential: Company Presentation Q2
2016 (2016)
Company Presentation
Q2 2016
Unlocking Somalia’s Potential
Annex 30
This presentation may contain forward-looking statements which are made in good faith and are based on current expectations
or beliefs, as well as assumptions about future events. By their nature, forward-looking statements are inherently predictive and
speculative and involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the
future. You should not place undue reliance on these forward-looking statements, which are not a guarantee of future
performance and are subject to factors that could cause the actual information to differ materially from those expressed or
implied by these statements. The Company undertakes no obligation to update any forward-looking statements contained in
this presentation, whether as a result of new information, future events or otherwise.
Nothing in this presentation shall constitute or form part of, and should not be relied upon in connection with, any offer or
invitation to sell, underwrite, acquire or solicit, or any other offer to purchase or subscribe for shares or any other securities, nor
may it or any part of it, or the fact of it being made available to any person, form the basis of or be relied upon in connection
with any contract. No reliance may be placed for any purpose on the information and opinions in this presentation. No
representation, warranty or undertaking, express or implied, is made as to the fairness, accuracy or completeness of the
information or opinions in this presentation, by or on behalf of the Company (including, without limitation, its directors, officers,
employees, partners, agents, representatives, members, affiliates and advisers) and (to the fullest extent permitted under law)
no liability or responsibility, is accepted by such persons for: (i) the accuracy, fairness or completeness of any such information
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The distribution of this presentation in certain jurisdictions may be restricted by law and therefore persons into whose
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violation of relevant local securities laws. Any person who receives this presentation in violation of such restrictions should not
act upon it and should return it to the Company immediately.
Disclaimer
Annex 30
SOMALI OIL & GAS OVERVIEW
3
Annex 30
Oil & Gas Industry in Somalia
• Prior to 1991, BP (Amoco, Sinclair), Chevron (Texaco), Conoco, Eni, Shell, ExxonMobil, Total and 5
others had signed rights to exploration blocks in Somalia
• By 1991, all operators claimed force majeure due to civil war
• All historical regional geological & geophysical data & knowledge lost due to civil war
• Oil & gas sector primary focus for TFG and FGS for rebuilding the economy
• Petroleum Law enacted by the TFG in 2008
• FGS approached 12 licence holders in 2012/13 to end force majeure - all declined
• FGS contacted 8 other oil companies – who also declined
4
TFG: Transitional Federal Government (of Somalia)
FGS: Federal Government of Somalia
Annex 30
Somalia’s hydrocarbon exploration status
► Significantly under-explored (mainly due to historic security issues)
► Historic seismic primarily limited to shallow waters (<1,000m)
► Only 6 offshore wells in shallow waters along the 2,300 kms length of the eastern offshore basin
► Existing concession agreements (Pecten) in force majeure since 1990-91
► Deep water entirely unexplored (no prior seismic nor exploration wells)
► Proven hydrocarbon plays in adjacent sedimentary basins (Ethiopia, Madagascar, Tanzania &
Mozambique)
► Recent East African discoveries by Anadarko, BG, Eni, Ophir Energy, Statoil & Tullow Oil
► Jurassic source rocks confirmed in Madagascar & Seychelles wells are also predicted for Somalia
► Somalia offshore was adjacent to Madagascar & Seychelles basins during Jurassic source rock
deposition based on tectonic plate reconstruction
► Soma acquired 20,500 km of 2D seismic over 114,000 sq. km offshore Somalia (2014)
► Spectrum under licence to FGS acquired 20,583 km of 2D seismic offshore Somalia (2015-2016)
5
Annex 30
SOMA OIL & GAS
6
Annex 30
Overview of Soma Oil & Gas
► Who we are
Private UK company founded in 2013
Focused on exploring for hydrocarbons offshore in the Federal Republic of Somalia
Board and Management have extensive experience in oil and gas, finance and international relations
► The story so far
Signed Seismic Option Agreement (SOA) with the Republic of Somalia in Aug 2013
Gathered & evaluated prior geological data; seismic & wells, studies, USGS, etc. (Sep 2013 to Apr 2014)
Acquired 20,500 km of 2D seismic over 114,000 km2 offshore Somalia (Feb-May 2014)
Process & analysed acquired seismic (Jun 2014 to Apr 2015)
Delivered all prior data & newly acquired & processed 2D seismic data to Ministry of FGS (Dec 2015)
Submitted Notice of Application for 12 Production Sharing Agreements (PSAs) (Dec 2015)
► The geopolitical background
Greater stability since the election of President Hassan Sheikh Mohamud in Sep 2012
1st Federal Government of the Republic of Somalia to gain international recognition for two decades
Strong support from the UK, US, EU, UN and African Union
► Current strategy
Negotiate terms of Model PSA with FGS Ministry to convert the Notice of Application into PSAs
Seeking farm-ins/investment to further explore & develop the most promising prospects
7
Annex 30
Key Milestones
8
3Q ‘13
6 August 2013
• Signed the SOA
with FGS in
Mogadishu
4Q ‘13 1Q ‘14 2Q ‘14 3Q ‘14 4Q ‘14 1Q ‘15 2Q ‘15 3Q ‘15 4Q ‘15 2016
3 October 2013
• Council of Ministers
unanimously ratified
SOA
17 January 2014
• Ministry of National
Resources became
Ministry of Petroleum &
Mineral Resources
25 April 2014
• Capacity Building
Agreement signed
June 2014
• Completed 2D
Seismic Acquisition
27 April 2015
• Ministry ask Soma
to extend CBA for
additional 6 months
17 October 2014
• Dataroom letter
signed
29 July 2015
• SFO investigation
based on SEMG
leaked report
August 2015
• Processing of 2D
Seismic Data
complete
September 2015
• Spectrum awarded
acquisition and
marketing agreement
with FGS
9 December 2015
• Data transfer &
opening of
Mogadishu
Dataroom
9 December2015
• Notice of
Application for
target blocks
2016
• Negotiate PSA terms
• Convert Notice of
Application into PSAs
Annex 30
− Former leader of Britain's Conservative Party
− Former Home Secretary in Conservative Government
− Previous cabinet positions held include Secretary of State for Employment and Secretary of
State for the Environment
− Lord Howard also sits on the Boards of a number of companies
Board of Directors
Lord Howard of Lympne CH, QC
Non Executive Chairman
− 45 years' experience in finance focussing in Oil & Gas and Mining
− One of the early investors in both Fusion Oil & Gas plc and Ophir Energy plc
− Founder of several private companies in energy trading as well as oil, gas & mineral exploration
− Previously Merrill Lynch, Kidder Peabody & Credit Suisse First Boston in Middle East & London
Basil Shiblaq
Executive Deputy Chairman and
Founder
Mohamad Ajami
Non-Executive Director
− Over 35 years’ of investing experience in the oil and gas and mineral resources sectors
− Founder of the Levant Group a firm focussed on investments in oil & gas and minerals
− Previously Morrison Knudsen Corporation, civil engineering/construction company (URS Corp.)
Georgy Djaparidze
Non-Executive Director
− Currently runs an private investment fund and practices law as Of Counsel
− Attorney, specializing in mergers & acquisitions, finance, international oil & gas transactions
− Educated in Russia and the United States and currently resides in London
The Earl of Clanwilliam
Non-Executive Director
− Chairman of Eurasia Drilling Company since October 2007
− He is a director of NMC Healthcare plc and sits on the Advisory Board of Oracle Capital and
Milio International
Robert Sheppard
Non-Executive Director
− CEO of Soma Oil & Gas from 2013 to December 2015
− 40 plus years' oil & gas experience with BP and Amoco
− Currently Senior Adviser to BP, non Executive Director at BlackRock Emerging Europe plc &
Director of DTEK (Ukraine)
− Former TNK-BP board member
− Former Chief Executive Officer of Sidanco, President of Amoco Egypt & Argentina
9
Annex 30
Executive Management Team
Hassan Khaire
Executive Director, Africa
− Over 14 years’ of experience at Norwegian Refugee Council
− Formerly Regional Director Horn of Africa & Yemen and Country Director of Somalia and Kenya
− Somali and Norwegian National
− BA at University of Oslo, MBA at Edinburgh Business School
W. Richard Anderson
Chief Executive Officer
− Over 37 years’ experience in oil and gas industry related finance and management.
− Former CFO and board member of Eurasia Drilling Company 2008 – 2015
− Chairman of the board of Vanguard Natural Resources LLC and he was President and Chief
Executive Officer of Prime Natural Resources, Inc. from 2002 until 2007
Philip Wolfe
Chief Financial Officer
− Over 25 years' experience in oil & gas corporate finance
− Advised IOCs, independents & NOCs on strategic transactions, IPOs & other financings
− Previously Head of EMEA Oil & Gas at UBS, Global Head of Oil & Gas at HSBC; Deutsche
Bank and Merrill Lynch oil & gas teams
Tom O’Gallagher
VP Marketing
− Over 36 years’ of experience in the oil and gas industry
− Formerly VP Marketing & Investor Relations at Eurasia Drilling Company
− 34 year career with Schlumberger
− BEng at University of Dublin, Chartered Engineer
Peter Damouni
Company Secretary
− Over 14 years’ of experience in oil and gas corporate finance
− Advised on private placements, IPOs, structured products and merger & acquisition
− Previously held senior roles at Investment Banks
10
Annex 30
Soma’s Advisers
Anti-bribery & Corruption
Adviser
Oil & Gas Adviser
Auditors
Public Relations and Strategic
Communications Adviser
Professional Services
and Accountants
Legal Advisers Other Advisers
Technical &
Geological Advisers
Geological & Technical Advisers
Technical &
Geological Advisers
11
Annex 30
Soma Oil & Gas Strategy
► Evaluate hydrocarbon potential targeting unexplored deepwater
► Build relationship with new Federal Government of Somalia (FGS)
► Support capacity build of Somali Ministry of Petroleum and Mineral Resources (as requested)
► Membership of Extractive Industries Transparency Initiative (EITI)
► Execute Exploration Programme as per Seismic Option Agreement with FGS
► Gather and evaluation legacy geological and geophysical data on Somalia
► Acquire and process 2D seismic offshore Somalia
► Interpret 2D seismic & target blocks for development
► Deliver all Exploration Programme data to Somali Ministry of Petroleum & Mineral Resources
► Apply for PSAs under agreed terms of SOA (up to 60,000 km2)
► Negotiate terms of PSAs with Somali Ministry of Petroleum & Mineral Resources
► Seek farm-in and/or investment for further exploration & development
12
Annex 30
SEISMIC OPTION AGREEMENT
EXPLORATION PROGRAMME
PHASE 1. REGIONAL EVALUATION
13
Annex 30
Regional Evaluation Completed – April 2014
14
► Data Acquisition and Compilation
Purchase of 4,270 km of existing onshore seismic and 7,416 km of existing offshore seismic
Purchase of data on 20 onshore wells and 2 offshore wells
Purchase of available consultant and oil company reports on oil exploration activities in Somalia
Download of data on relevant Deep Sea Drilling Project (DSDP) wells offshore Somalia
Download of Lamont-Doherty 1980-81 academic seismic relevant to offshore Somalia
► Studies
Study and interpretation of all of the purchased data listed above
Public domain research into regional geology of surrounding East African countries
Plate tectonic reconstructions for western Indian Ocean
► Report
Report documenting the compiled data and study results was completed in April 2014
Annex 30
Somalia Plate Reconstruction in Jurassic
Mid Jurassic plate reconstruction places Somalia immediately opposite
north-west Madagascar and Seychelles during the critical period of
hydrocarbon source rock deposition
Present day positioning of continents and age of ocean crust
15
India
Seychelles
Somalia
Madagascar
Seychelles
Annex 30
USGS Estimated Undiscovered Resources (2012)
USGS estimate total Undiscovered Resources of 16 billion barrels of oil
and 260 Tcf gas in provinces bordering Soma Oil & Gas Offshore
Evaluation Area in Somalia offshore waters
Plate reconstruction to Lwr. Jurassic – time of deposition of hydrocarbon
source rocks – emphasises the relevance of the adjacent data
16
Source: www.energy.usgs.gov
Morondava
10.8 Bbo +
170 Tcf
Tanzania
2.8 Bbo +
70 Tcf
Seychelles
2.4 Bbo +
20 Tcf
Soma Oil & Gas
Offshore
Evaluation Area
10.8 Bbo
+ 170 Tcf
2.8 Bbo +
70 Tcf
2.4 Bbo +
20 Tcf
Discoveries to Date
Gas Resources:
c.150 Tcf Mozambique
c. 36 Tcf Tanzania
Heavy Oil (STOIIP)
Madagascar
17 Bbbl Bemolanga
2 Bbbl Tsimiroro
Annex 30
SEISMIC OPTION AGREEMENT
EXPLORATION PROGRAMME
PHASE 2. SEISMIC ACQUISITION & DATA PROCESSING
17
Annex 30
Seismic Acquisition Programme – February to May 2014
18
2D Survey Basic Grid Acquired
Acquisition Strategy
Interpret on-board processed data
Real time Infill where good prospectivity seen
Seismic Survey
16,500 klm of 2D
4,000 line klm of infill lines
Tie-in to Meregh 1 Well (Esso 1982)
Excluded Legacy Concession & disputed territories
2D seismic acquired by Soma 2014
Legacy Seismic
Annex 30
Completion of the 2D Seismic Acquisition – June 2014
► Seismic acquisition programme successfully concluded by June 2014, within 10 months of signing the SOA
Two seismic vessels and eight support vessels (security)
110 days to complete
72% operational time; 28% downtime (including crew changes, excl. Mob/Demob)
Zero security and HSE incidents
19
Northern Explorer Hawk Explorer
Seismic vessel flanked by security/support vessels
Annex 30
Challenging Stratigraphic Calibration
20
Only 1 direct well tie, Meregh-1
(drilled by Esso 1982)
Indirect ties to Pomboo-1 & DSDP*241 of
limited use for stratigraphic correlation
Significant data gap, >50 km, from
coastal onshore wells to Soma 2D survey
Hence the stratigraphic age calibration of
horizons interpreted in the new 2D survey
poses a significant challenge
Note* DSDP = Deep Sea Drilling Project
Meregh-1
DSDP241
Pomboo-1
2D seismic acquired by Soma 2014
Legacy Seismic
Annex 30
EXPLORATION PROGRAMME
SEISMIC DATA PROCESSING & RESERVOIR POTENTIAL
21
Annex 30
Well Tie to Meregh-1
22
Only direct well tie for 2D survey – to Meregh-1 on shelf
– But correlation into deep water basin is complex
Lwr Jurassic syn-rift (Blue) absent at well, and poorly imaged in basin due to
depth
Mid Jurassic (Orange) thick on shelf and thins depositionally into basin
U. Jurassic & Lwr Cretaceous (Green) thickens into basin but deformed by gravity
sliding and eroded at Mid Cretaceous unconformity
Thick wedge of U. Cretaceous (Yellow) onlaps basin slope and not represented in
well
U Cretaceous and Lwr Tertiary absent on basin slope due to localised erosion
Hence:
Stratigraphic age calibration into basin remains uncertain
But geology in the basin is quite different to the shelf
Meregh-1
(Esso 1982)
Upper Cretaceous
Mid Jurassic
Tertiary
Slope
Erosion
20 km
Annex 30
Source and Reservoir Potential
Possible Source Rocks Offshore Somalia
Upper Jurassic Global anoxic event. Known in Ogaden Basin in Ethiopia, and in north
Somalia
Mid Jurassic Beronono outcrop, Madagascar -- Excellent oil prone source, >10% TOC
(Hunt Oil, 2007), expected to be present in deep water facies of Mid Jurassic
Lower Jurassic Lacustrine sources inferred to be present in syn-rift facies observed on
seismic
Permo/Triassic Lacustrine Karoo sources well developed in Madagascar – source of giant
heavy oil fields, and present in Ogaden Basin in Ethiopia
Evidence
Tertiary sandstone Oligocene deep marine sands in mapped fan & channel system
Upper Cretaceous sandstone Multiple levels of deep marine channel & fan sands interpreted in delta front
setting
Lower Cretaceous / Upper Jurassic
Limestone
Shallow marine limestone facies interpreted on shelf margins and faulted
into basin
Mid Jurassic Limestone Mid Jurassic carbonate reefs and shoals clearly evident on seismic
Triassic sandstone Karoo continental alluvial fan sands expected in pre-rift
Interpreted Reservoir Rocks, Offshore Somalia
23
Annex 30
Lower Jurassic Rift – Source Rock Deposition
24
► Map shows the area of the Lower Jurassic rift
(200-175 MY) which preceded the sea floor
spreading that moved the Madagascar and
Seychelles plates to the south
Rift was predominantly located in present day
offshore Somalia
Lower Jurassic source rocks inferred to be
present in the rift section
Rift area also localises deep water areas in Mid
& Upper Jurassic where additional source rocks
are likely
Lwr Jurassic
Rift
Madagascar
Seychelles
India
Reconstruction 175 Ma
Annex 30
Middle Jurassic Early Drift – Source Rock Deposition
25
Bur Acaba
Basement
High
Reconstruction 155 Ma
Madagascar
Seychelles
India
Beronono outcrop
► Map shows the depositional facies of the Mid
Jurassic just after the start of oceanic
spreading between Somalia and the
Madagascar/Seychelles plates
Seismic evidence indicates that deep marine
Mid Jurassic facies offshore Somalia are
located almost entirely in present day deep
water
Middle Jurassic source rocks likely to
concentrate in the deep water facies
High quality Mid Jurassic source rocks known
from Beronono outcrop and well data in
Madagascar
Annex 30
Late Middle Jurassic – Carbonate Reservoirs
26
► Area at the north end of the survey
interpreted as
Late Mid Jurassic carbonate reef and shallow
water shoal facies
► Potentially high quality reservoir rocks
Annex 30
Late Middle Jurassic – Carbonate Reservoirs
27
U Cretaceous
Triassic
Karoo
L Jurassic
Syn-rift
Mid Jurassic carbonate buildup localised on crest of large rotated fault block – possible Trap & Reservoir
Potential for source rocks in off-structure deeper water facies of Mid Jurassic
Additional source potential in Lower Jurassic syn-rift
Additional reservoir potential in sandstones of Triassic Karoo fault block
5 km
Annex 30
Som14-513
Late Middle Jurassic – Carbonate Reef Example
28
Offshore Somalia Mid
Jurassic carbonate buildup
on Line SOM14-513
Shown at c. same scale as:
Malampaya Field
(Oligocene) carbonate reef
in the Philippines
Malampaya Field
Malampaya (Shell),
• First gas in 2001.
• 650m gas + 56m oil leg
• GIIP 2.8 Tcf
• OIIP 268 MMstb
• C. 3000m depth
VE x5
VE x5
SW NE
Annex 30
Upper Cretaceous – Clastic Delta Play
29
► Large Clastic delta system dominated
deposition in the South of the region during
Upper Cretaceous and Tertiary
► Major Upper Cretacous delta (blue arrow)
entered the basin from the NW. Deposition in
offshore area was mainly delta slope and pro
delta shales plus channel and fan sands
expected to form excellent reservoirs
Gravitational collapse of the delta in Paleocene,
with listric normal faults nearshore and a major
toe-thrust zone further offshore
Pro-delta muds underlying the delta became
mobilised and intruded vertically as diapirs in
the centre of the system
► Focus of delta deposition moved to north in
Tertiary (green arrow) and this system also
underwent gravity collapse in the Late Tertiary
► System provides:
Multiple Reservoir sands
Large Trapping Structures
Annex 30
Gravity Collapse of Upper Cretaceous Delta
30
Large scale gravity collapse of U. Cretaceous delta; basal slip plane near base of U Cretaceous
Mud diapirs in centre of system. (Note: gravity data suggests diapirs are mud rather than salt)
Large scale toe-thrusts in outboard part of system
U Cretaceous
Lwr Tertiary
U Tertiary
L Cret & U Jurassic
Line 40 AGC Mid & L Jurassic
20 km
Annex 30
SEISMIC OPTION AGREEMENT
NOTICE OF COMPLETION
DATA DELIVERY TO SOMALI MINISTRY
NOTICE OF APPLICATION
31
Annex 30
Completion of Seismic Option Agreement & Data Delivery
► Soma has completed all its obligations under the Seismic Option
Agreement with the Federal Government of Somalia
► Soma delivered all legacy data gathered and Soma’s acquired &
processed 20,500 kilometres of 2D Seismic data at the opening ceremony
of the Somali Ministry of Petroleum & Mineral Resources new Office and
Data Room in Mogadishu on 9th December 2015
► The Ministry of Petroleum & Mineral Resources have appointed Spectrum
ASA to market this data on their behalf
32
Annex 30
Notice of Application for PSAs
33
Single Block PSA
(5,000 square
kilometres)
PSA Block abutting
legacy concession
Somali Government Block Design Examples of PSA Definition
► Notice of Application for PSAs signed by Minister of Petroleum & Mineral Resources 9 Dec 2015
► Based on 5,000 sq km Block Grid defined by the Somali Ministry of Petroleum & Mineral Resources
Annex 30
Notice of Application for PSAs
► Soma signed a Notice of Application for
PSAs with the Somali Ministry of
Petroleum & Mineral Resources on 9
December 2015.
► The Notice of Application:
► Delineates up to 12 PSAs which
target prospects identified for
further exploration
► Delineates a total acreage of
54,807 square kilometres in
aggregate
34
2D seismic acquired by Soma 2014
Legacy Concession
Annex 30
INVESTMENT IN SOMALIA
35
Annex 30
Investments to date in Somalia (~$53 million)
• $39.5 million under Seismic Option Agreement:
– Regional evaluation, historical data purchases, technical analysis: $5 million
– Seismic survey: $20.4 million
– Seismic processing: $1.3 million
– Survey security: $12.2 million
– Data Room support: $0.1 million
– Legal Fees for government advisors: $0.5 Million
• Capacity Building Agreement for Ministry: $0.58 Million
• Mogadishu Office: $1.4 million
• $11 million in administration expenses since 2013
• Expenditure plan 2016: $15 million (fully funded)
36
Annex 30
Summary and next steps
37
► Established relationship with the Federal Government of Somalia
Provision of legacy and 2D seismic data to establish Data Room in Mogadishu
Support provided under separate Capacity Building Agreement
Support for Extractive Industries Transparency Initiative
Technical & social responsibility input to PSA framework
► Re-opened offshore Somalia for hydrocarbon exploration
► Evaluation of seismic & basin modelling shows deepwater is highly prospective
► Have applied for up to 12 PSAs (Soma Oil & Gas has rights up to 60,000 km2)
► Farm out process resumes
► Convert Notice of Application into PSAs when:
► Model PSA is available from Somali Ministry of Petroleum and Mineral Resources
► Federal Government agrees revenue sharing with Federal Member States
Annex 30
ADDITIONAL INFORMATION
38
Annex 30
EITI Support Statement
39
► Soma Oil & Gas supports the Extractive Industries Transparency Initiative (EITI) and its aim to
increase transparency, accountability and strong corporate governance
► We became a corporate supporter of EITI in February 2015
► Soma Oil & Gas is also actively supporting the Government of the Federal Republic of Somalia in
its ambition to become an EITI compliant country
► EITI website www.eiti.org
Annex 30
REOPENING OIL & GAS EXPLORATION
IN SOMALIA
40
Annex 30
Chronology of efforts to reopen exploration
• 7 Oct 2013, Soma lead sponsor & keynote speaker at the Premier Somali Oil and Gas Summit
• 6 Jun 2014, Soma announces Completion of the 2D Seismic Acquisition Programme
• 13 Jun 2014, on the back of Soma’s success. HE Minister Daud Mohamed Omar, Minister of
Petroleum and Mineral Resources visited Shell & ExxonMobil in The Hague
• 20 Oct 2014, Soma lead sponsor and keynote speaker at the 2nd Somalia Oil & Gas Summit
• 27/28 Apr 2015 Soma co-sponsors 1st International Forum on Somalia Oil, Gas & Mining
• 27 Apr 2015, at the conference, Soma announces completion of the Processing of the 2D
Seismic Data and anticipates transfer of Exploration Data to FGS by 1 Aug 2015
• 7 Sep 2015, Spectrum signed agreement with FGS to acquire 28,000 km of 2D seismic data
• 7 Sep 2015, Spectrum awarded the rights to sell Exploration Data on behalf of FGS
• 9 Dec 2015, Ministry of Petroleum & Mineral Resources new office with Data Room opened
• 28 Dec 2015, Ministry of Petroleum & Mineral Resources hires a legal advisor to develop a
model PSA
• 2 May 2016, Ministry of Petroleum & Mineral Resources announces that Spectrum ASA has
completed its seismic survey acquiring 20,583 km of 2D seismic data
41
Annex 30
Soma’s 2D Seismic Survey in 2014
Legacy 2D seismic lines in Green
Soma 2D seismic survey in red
• 20,500 2D kms acquired
• March to June 2014 (110 Days)
42
Annex 30
Spectrum’s 2D Seismic Survey in 2015-2016
Spectrum Survey Plan 2015 in Green
• Includes Shell & Exxon’s
Force Majeure acreage
• Covers more of shallow water
• Infill of Soma’s survey
• Explores to ultra deep ocean
• Excludes Jorra block in south
• Stops at Puntland in North
• 28,000 2D kms planned
• Started 9 December 2015
Completed on 2 May 2016
• BGP Pioneer acquired 2D
• 20,583 2D kms acquired
• Legacy Seismic in Black
• Soma 2D Seismic in Red
• Spectrum Survey Plan in Green
43
Annex 30
Annex 31
Schlumberger, Ltd., “Multiclient Latest Projects: Kenya Deepwater 2D 2013 Multiclient Seismic
Survey”, available at http://www.multiclient.slb.com/latest-projects/africa/kenya_2d.aspx (last
accessed 11 May 2018)
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Multiclient Latest Projects: Kenya Deepwater
2D 2013 Multiclient Seismic Survey
While major discoveries have been made along the East African margin in recent
years, the Lamu basin of Kenya remains underexplored. Covering both onshore
and offshore, the Lamu basin forms part of the Kenyan passive continental
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Over the past few years, Schlumberger has developed several large acquisition
and reprocessing projects in East Africa, including the introduction of 2D
multiclient ObliQ sliding-notch broadband acquisition and imaging technique in
2013.
In Kenya, the ObliQ technique is bringing a new understanding of the deepwater
offshore Lamu basin, imaging complex geological features and opening new
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First insights into deepwater offshore geology with data covering open
blocks L25, L26, L29, and L30.
Benefits
The benefits of broadband seismic technology can be seen in the clarification of
impedance contrasts within the data, enabling easier differentiation of
sedimentary packages that is vital in a previously unexplored and largely undrilled
area. The additional low frequencies give the signal an envelope that enables
lithological variations to be more easily distinguished and improves the correlation
of horizons across faults. The improved low-frequency content also enables good
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Based on its study of the available data, Schlumberger and its partner, National
Oil Corporation of Kenya (NOCK), are building a solid understanding of the basin
and producing a new generation of fit-for-purpose products.
This 2D multiclient seismic survey covers the deepwater blocks offshore Kenya
and provides new insights into the prospectivity of the Lamu basin. The data will
be available for the upcoming licensing round.
Key facts
Over 9,000 km of 2D broadband data acquired using the ObliQ technique,
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Tilted transverse isotropy (TTI) Kirchhoff prestack time migration (PSTM),
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Annex 31
Annex 32
Vivian Louis Forbes, The Maritime Boundaries of the Indian Ocean Region (1995)
Annex 32
THEM TIME BOUNDARIES
OF THE
INDIAN OCEAN REGION
Vivian Louis Forbes
Annex 32
© 1995 Singapore University Press
Kent Ridge, Singapore 0511
All rights reserved
ISBN 9971-69-189-2 (Paper)
9971-69-192-2 (Cloth)
Typeset by: Times Graphics, Singapore
Printed by: Photoplates Pte Ltd.
Annex 32
158 Appendix A
MAP2
MARITIME JURISDICTIONS IN THE VICINITY OF THE ARABIAN
PENINSULA AND THE HORN OF AFRICA
In the southern portion of the map only one negotiated maritime boundary exists. It is the
boundary between Kenya and Tanzania. Further east from this boundary the Seychelles
government has defined its EEZ.
The only negotiated boundary in the Red Sea is the Common Zone of Exploitation
established by Saudi Arabia and Sudan. The boundary of the Common Zone is the 1000
m isobath. The negotiated continental shelf boundaries in the Persian Gulf are analysed
in Map 6 and Maps 10 to 17 below. Excluding the undefined boundaries in the Persian
Gulf there are 14 potential boundaries to be negotiated in the region. They are the
boundaries between: Kenya and Somalia; Somalia and Djibouti; Somalia and Yemen;
Yemen and Oman; Djibouti and Yemen; Djibouti and Ethiopia; Ehtiopia and Sudan;
Ehtiopia and Saudi Arabia; Saudi Arabia and Yeman; Egypt and Saudi Arabia; Egypt and
Israel; Egypt and Jordan; Jordan and Israel; and, Jordan and Saudi Arabia.
..;
,j
~
l 1
]
.)
Annex 32
Annex 33
International Law Commission, Guiding Principles applicable to unilateral declarations
of States capable of creating legal obligations, with commentaries thereto in Report of the
International Law Commission on the work of its fifty-eighth session (1 May-9 June and 3 July-
11 August 2006), U.N. Doc. A/61/10 (2006)
Guiding Principles applicable to unilateral declarations of States
capable of creating legal obligations,
with commentaries thereto
2006
Text adopted by the International Law Commission at its Fifty-eighth session, in
2006, and submitted to the General Assembly as a part of the Commission’s report
covering the work of that session (A/61/10). The report, which also contains
commentaries on the draft articles, will appear in Yearbook of the International Law
Commission, 2006, vol. II, Part Two.
Copyright © United Nations
2006
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9. No obligation may result for other States from the unilateral declaration of
a State. However, the other State or States concerned may incur obligations in relation to
such a unilateral declaration to the extent that they clearly accepted such a declaration;
10. A unilateral declaration that has created legal obligations for the State
making the declaration cannot be revoked arbitrarily. In assessing whether a revocation
would be arbitrary, consideration should be given to:
(i) Any specific terms of the declaration relating to revocation;
(ii) The extent to which those to whom the obligations are owed have relied
on such obligations;
(iii) The extent to which there has been a fundamental change in the
circumstances.
2. Text of the Guiding Principles with commentaries thereto adopted
by the Commission at its fifty-eighth session
177. The text of the Guiding Principles together with commentaries921 thereto adopted by the
Commission at its fifty-eighth session is reproduced below.
Guiding Principles applicable to unilateral declarations of States
capable of creating legal obligations
The International Law Commission,
Noting that States may find themselves bound by their unilateral behaviour on the
international plane,
Noting that behaviours capable of legally binding States may take the form of
formal declarations or mere informal conduct including, in certain situations, silence, on
which other States may reasonably rely,
Noting also that the question whether a unilateral behaviour by the State binds it
in a given situation depends on the circumstances of the case,
Noting also that in practice, it is often difficult to establish whether the legal
effects stemming from the unilateral behaviour of a State are the consequence of the
intent that it has expressed or depend on the expectations that its conduct has raised
among other subjects of international law,
921 These commentaries are explanatory notes reviewing the jurisprudence of the International Court of Justice and
pertinent State practice analysed by several members of the Working Group and the Special Rapporteur and
summarized in the eighth report of the Special Rapporteur (A/CN.4/557).
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Adopts the following Guiding Principles which relate only to unilateral acts
stricto sensu, i.e. those taking the form of formal declarations formulated by a State with
the intent to produce obligations under international laws.
1. Declarations publicly made and manifesting the will to be bound may have the effect
of creating legal obligations. When the conditions for this are met, the binding character of
such declarations is based on good faith; States concerned may then take them into
consideration and rely on them; such States are entitled to require that such obligations be
respected.
Commentary
(1) The wording of Guiding Principle 1, which seeks both to define unilateral acts in the
strict sense and to indicate what they are based on, is very directly inspired by the dicta in the
Judgments handed down by the International Court of Justice on 20 December 1974 in the
Nuclear Tests case.922 In the case concerning the Frontier Dispute (Burkina Faso v. Republic of
Mali), the Court was careful to point out that “it all depends on the intention of the State in
question”.923
(2) Most of the cases studied illustrate this principle. Besides the declarations made by
France in 1974 on the cessation of nuclear tests in the atmosphere, the public nature of the
declaration made by Egypt on 24 April 1957 on the Suez Canal924 and Jordan’s waiver of claims
to the West Bank territories925 represent an important indication of their authors’ intention to
commit themselves. The Ihlen Declaration, made during a purely bilateral meeting between the
Minister for Foreign Affairs of Denmark and the Norwegian ambassador to Copenhagen,926 and
the Colombian diplomatic note addressed solely to the Venezuelan authorities are not
counter-examples: they relate only to bilateral relations between the two States concerned.927
922 Nuclear Tests (Australia v. France; New Zealand v. France), Judgments dated 20 December 1974,
I.C.J. Reports 1974, pp. 267-8, paras. 43 and 46 and pp. 472-3, paras. 46 and 49.
923 Case concerning the Frontier Dispute (Burkina Faso v. Republic of Mali), Judgment of 22 December 1986,
I.C.J. Reports 1986, p. 573, para. 39.
924 Document A/CN.4/557, paras. 55-58; see also paras. 62 and 63.
925 Ibid., paras. 44-45.
926 Ibid., paras. 116-126; Legal Status of Eastern Greenland, Judgment of 5 April 1933, P.C.I.J., Series A/B,
No. 53, p. 71. It should, however, be pointed out that whether this declaration constituted a unilateral act is
controversial (see A/CN.4/557, para. 122).
927 See Guiding Principle 6 below.
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2. Any State possesses capacity to undertake legal obligations through unilateral
declarations.
Commentary
Just as “(e)very State possesses capacity to conclude treaties”,928 every State can commit
itself through acts whereby it unilaterally undertakes legal obligations under the conditions
indicated in these Guiding Principles. This capacity has been acknowledged by the International
Court of Justice.929
3. To determine the legal effects of such declarations, it is necessary to take account of
their content, of all the factual circumstances in which they were made, and of the reactions
to which they gave rise.
Commentary
(1) The wording of Guiding Principle 3 is also inspired by a passage in the ICJ Judgments in
the Nuclear Tests cases;930 allusion is made to this jurisprudence in the Judgments of
22 December 1986 in the Frontier Dispute (Burkina Faso v. Republic of Mali) case931 and
of 3 February 2006 in the Armed Activities on the Territory of the Congo case.932 In the Military
and Paramilitary Activities in and against Nicaragua and Frontier Dispute cases, the Court
found nothing in the content of the declarations cited or the circumstances in which they
were made “from which it [could] be inferred that any legal undertaking was intended to
exist”.933
(2) Generally speaking, the cases studied by the Commission confirm the relevance of this
principle. In the Commission’s view, it is particularly important to take account of the context
928 Vienna Convention on the Law of Treaties, 23 May 1969, article 6.
929 See the jurisprudence cited in support of Guiding Principles 1 and 3.
930 Nuclear Tests (Australia v. France; New Zealand v. France), I.C.J. Reports 1974, pp. 269-70, para. 51, and
pp. 474-5, para. 53.
931 Case concerning the Frontier Dispute (Burkina Faso v. Republic of Mali), I.C.J. Reports 1986, pp. 573-4,
paras. 39-40.
932 Case concerning Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of
the Congo v. Rwanda), Jurisdiction of the Court and Admissibility of the Application, para. 49.
933 Case concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of
America), Judgment of 27 June 1986, I.C.J. Reports 1986, p. 132, para. 261, and Case concerning the Frontier
Dispute (Burkina Faso v. Republic of Mali), I.C.J. Reports 1986, p. 573, para. 39.
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and circumstances in which the declarations were made in the case of the Swiss statements
concerning the privileges and immunities of United Nations staff,934 the Egyptian declaration of
1957935 and Jordan’s waiver of claims to the West Bank territories.936
(3) Several of these examples show the importance of the reactions of other States concerned
in evaluating the legal scope of the unilateral acts in question, whether those States take
cognizance of commitments undertaken937 (or, in some cases, rights asserted938), or, on
the contrary, object to939 or challenge the binding nature of the “commitments” at issue.940
4. A unilateral declaration binds the State internationally only if it is made by an
authority vested with the power to do so. By virtue of their functions, heads of State, heads
of Government and ministers for foreign affairs are competent to formulate such
declarations. Other persons representing the State in specified areas may be authorized to
bind it, through their declarations, in areas falling within their competence.
Commentary
(1) Guiding Principle 4 is also inspired by the consistent jurisprudence of the P.C.I.J. and
I.C.J., on unilateral acts and the capacity of State authorities to represent and commit the State
internationally. In its recent Judgment on jurisdiction and admissibility in the case of Armed
Activities on the Territory of the Congo, the International Court of Justice observed, referring to
934 A/CN.4/557, para. 157.
935 Ibid., paras. 58-60 or 66. See also, by analogy, in the case of conduct other than unilateral statements, the
courses of conduct followed by Thailand and Cambodia in the Temple of Preah Vihear case (ibid., paras. 160-167
and Case concerning the Temple of Preah Vihea (Cambodia v. Thailand) Judgment of 15 June 1962, I.C.J. Reports
1962, pp. 32-34).
936 Ibid., paras. 47-48.
937 Cf. the international community’s reactions to the Egyptian statement on the Suez Canal (ibid., paras. 63-64);
also the reactions to Jordan’s statement about the West Bank (ibid., paras. 48 and 50-51).
938 Cf. the reactions of certain States to the Truman Proclamation (ibid., paras. 132-134); also the note
dated 22 November 1952 by the Venezuelan Government concerning the Los Monjes archipelago (ibid., para. 17 -
yet like the Ihlen Declaration (see footnote 926 above) this note was clearly a matter of bilateral negotiations with
Colombia).
939 See in particular Uruguay’s refusal of a donation of vaccines from Cuba (ibid., paras. 38-39) or the Russian
protest at the law passed by Turkmenistan in 1993 on the delimitation of its internal and territorial waters in the
Caspian Sea (ibid., paras. 84-98).
940 Cf. the reactions of the non-nuclear-weapon States to the statements made in April 1995 to the Conference on
Disarmament by the permanent members of the Security Council (ibid., paras. 113-115); their scepticism is,
incidentally, vindicated by the content of those statements.
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the similar customary rule in the law of treaties,941 that “in accordance with its consistent
jurisprudence (Nuclear Tests (Australia v. France), Judgment, I.C.J. Reports 1974, pp. 269-270,
paras. 49-51; Application of the Convention on the Prevention and Punishment of the Crime of
Genocide (Bosnia and Herzegovina v. Yugoslavia), Preliminary Objections, Judgment,
I.C.J. Reports 1996 (II), p. 622, para. 44; Arrest Warrant of 11 April 2000 (Democratic Republic
of the Congo v. Belgium), Judgment, I.C.J. Reports 2002, pp. 21-22, para. 53; see also Legal
Status of Eastern Greenland (Denmark v. Norway), Judgment, 1933, P.C.I.J., Series A/B, No. 53,
p. 71), it is a well-established rule of international law that the Head of State, the Head of
Government and the Minister for Foreign Affairs are deemed to represent the State merely by
virtue of exercising their functions, including for the performance, on behalf of the said State of
unilateral acts having the force of international commitments”.942
(2) State practice shows that unilateral declarations creating legal obligations for States are
quite often made by heads of State or Government943 or ministers for foreign affairs944 without
their capacity to commit the State being called into question. In the two examined cases in
which problems relating to the extent of the speaker’s authority arose both related to compliance
with the domestic law of the State concerned.945 The statement by the King of Jordan relating to
the West Bank, which some considered to be ultra vires under the Constitution of the Kingdom,
941 Cf. article 7 of the 1969 Vienna Convention on the Law of Treaties.
942 Case concerning Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic
of the Congo v. Rwanda), Judgment of 3 February 2006, Jurisdiction of the Court and Admissibility of the
Application, para. 46.
943 See the statement made on 31 July 1988 by the King of Jordan waiving Jordan’s claims to the West Bank
territories (A/CN.4/557, para. 44), the Egyptian declaration of 24 April 1957 on the Suez Canal, made by the
Egyptian Government (ibid., para. 55), the statements of 8 June and 25 July 1974 and the letter of 1 July 1974 by the
President of the French Republic (ibid., para. 71) or the statement made on 28 September 1945 by President Truman
of the United States concerning the continental shelf (ibid., para. 127).
944 See the note dated 22 November 1952 from the Colombian Minister for Foreign Affairs relating to Venezuelan
sovereignty over the Los Monjes archipelago (ibid., para. 13), the statement from the Minister for Foreign Affairs of
Cuba about the supply of vaccines to Uruguay (ibid., para. 36), the statement by the French Minister for Foreign
Affairs to the United Nations General Assembly on 25 September 1974 about the cessation of nuclear tests in the
atmosphere (ibid., para. 71), the statements made, as representatives of nuclear-weapon States, by the Minister for
Foreign Affairs of the Russian Federation and the United States Secretary of State to the United Nations
Security Council (ibid., para. 106), and the statement by Mr. Ihlen, the Minister for Foreign Affairs of Norway
(ibid., para. 116).
945 See the case of the statement made by the Colombian Minister for Foreign Affairs on 22 November 1952 (ibid.,
paras. 24-35) and the statement by the King of Jordan about the West Bank (ibid., paras. 53-54).
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was confirmed by subsequent domestic acts.946 In the case of the declaration by the Colombian
Minister for Foreign Affairs about Venezuelan sovereignty over the Los Monjes archipelago, the
note itself was set aside in domestic law because its author had no authority to make such a
commitment, yet the Colombian authorities did not challenge the validity of the commitment at
the international level.947
(3) In its Judgment of 3 February 2006,948 the I.C.J., did, however, note that “with increasing
frequency in modern international relations other persons representing a State in specific fields
may be authorized by that State to bind it by their statements in respect of matters falling within
their purview. This may be true, for example, of holders of technical ministerial portfolios
exercising powers in their field of competence in the area of foreign relations, and even of
certain officials”.949
5. Unilateral declarations may be formulated orally or in writing.
Commentary
(1) It is generally accepted that the form of a unilateral declaration does not affect its validity
or legal effects. The I.C.J. mentioned the relative unimportance of formalities950 in its Judgment
in the Temple of Preah Vihear case in connection with unilateral conduct.951 In the Nuclear
Tests cases, the Court emphasized that “[w]ith regard to the question of form, it should be
observed that this is not a domain in which international law imposes any special or strict
requirements. Whether a statement is made orally or in writing makes no essential difference,
946 Ibid., para. 54.
947 Ibid., para. 35.
948 Case concerning Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic
of the Congo v. Rwanda), Jurisdiction of the Court and Admissibility of the Application, para. 46.
949 Ibid., para. 47.
950 See The Mavrommatis Palestine Concessions, Judgment of 30 August 1924, P.C.I..J,. Series A, No. 2, p. 34;
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia-Herzegovina
v. Yugoslavia), Judgment of 11 July 1996, I.C.J. Reports 1996, p. 612, para. 24 and p. 613, para. 26.
951 Case concerning the Temple of Preah Vihear (Cambodia v. Thailand), Preliminary Objections, Judgment
of 26 May 1961, I.C.J. Reports 1961, p. 31.
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for such statements made in particular circumstances may create commitments in international
law, which does not require that they should be couched in written form. Thus the question of
form is not decisive”.952
(2) State practice also shows the many different forms that unilateral declarations by States
may take. The various declarations by France about the cessation of atmospheric nuclear tests
took the form of a communiqué from the Office of the President of the Republic, a diplomatic
note, a letter from the President of the Republic sent directly to those to whom the declaration
was addressed, a statement made during a press conference and a speech to the
General Assembly.953 Other examples also go to show that, while written declarations prevail,954
it is not unusual for States to commit themselves by simple oral statements.955
(3) France’s statements on the suspension of atmospheric nuclear tests also show that a
unilateral commitment by a State can come about through a series of declarations with the same
general thrust, none of which might, in isolation, have bound the State. In its Judgments of 1974
on the Nuclear Tests cases, the I.C.J. did not concentrate on any particular declaration by the
French authorities but took them, together, to constitute a whole: “[the] statements [by the
President of the French Republic], and those of members of the French Government
acting under his authority, up to the last statement made by the Minister of Defence
(of 11 October 1974), constitute a whole. Thus, in whatever form the statements were
952 Nuclear Tests (Australia v. France; New Zealand v. France), I.C.J. Reports 1974, pp. 267-268, para. 45, and
p. 473, para. 48.
953 Cf. Eighth report, A/CN.4/557, paras. 71 and 72.
954 Consider the examples of the note dated 22 November 1952 from the Colombian Minister for Foreign
Affairs (ibid., para. 13), the Egyptian declaration of 24 April 1957 (ibid., paras. 55 ff.), the protests by the
Russian Federation against Turkmenistan and Azerbaijan (ibid., paras. 85 and 99), the statements by the
nuclear-weapon States (statements made before an international body, ibid., paras. 106-107), the Truman
Proclamation of 28 September 1945 (ibid., para. 127) and the Swiss statements concerning the United Nations and
its staff members (tax exemptions and privileges) (ibid., paras. 140-142).
955 See, for example, Jordan’s waiver of its claims to the West Bank territories in a public speech, (ibid., para. 44) or
the Ihlen Declaration (ibid., para. 117 - see Legal Status of Eastern Greenland, Judgment of 5 April 1933, P.C.I.J.,
Series A./B., No. 53, p. 71.
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expressed, they must be held to constitute an engagement of the State, having regard
to their intention and to the circumstances in which they were made”.956
6. Unilateral declarations may be addressed to the international community as a
whole, to one or several States or to other entities.
Commentary
(1) Several of the cases examined remain within the scope of strictly bilateral relations
between two States; accordingly these unilateral declarations by a State had another State as the
sole addressee. Such was the case of the Colombian diplomatic note addressed to Venezuela,957
the Cuban declarations concerning the supply of vaccines to Uruguay,958 the protests by the
Russian Federation against Turkmenistan and Azerbaijan959 and the Ihlen Declaration.960
(2) Although initially concerning a limited group of States, other declarations were addressed
to the international community as a whole, containing erga omnes undertakings. Thus, Egypt’s
declaration regarding the Suez Canal was not addressed only to the States parties to the
Constantinople Convention or to the States members of the Suez Canal Users’ Association, but
to the entire international community.961 Similarly, the Truman Proclamation,962 and also the
French declarations regarding suspension of nuclear tests in the atmosphere, although the latter
were of more direct concern to Australia and New Zealand, as well as certain
neighbouring States963 were also made erga omnes and, accordingly, were addressed to the
956 Nuclear Tests (Australia v. France; New Zealand v. France), I.C.J. Reports 1974, p. 269, para. 49, and p. 474,
para. 51. See also the Swiss statements concerning the United Nations and its staff members (tax exemptions and
privileges) A/CN.4/557, paras. 138-156).
957 A/CN.4/557, paras. 15 and 16.
958 Ibid., para. 36.
959 Ibid., paras. 85 and 99.
960 Ibid., para. 117.
961 Ibid., para. 62.
962 Ibid., para. 127.
963 Fiji filed an application to intervene in the proceedings. The Government of Argentina, Fiji and Peru requested
that the pleadings and annexed documents should be made available to them. See Nuclear Tests (Australia v.
France; New Zealand v. France), I.C.J. Reports 1974, p. 6, paras. 7 and 9.
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international community in its entirety.964 The same holds for the declaration by the King of
Jordan of 31 July 1988, waiving Jordan’s claims to the West Bank territories, which was
addressed simultaneously to the international community, to another State (Israel) and to another
entity the Palestine Liberation Organization (PLO).965
7. A unilateral declaration entails obligations for the formulating State only if it is
stated in clear and specific terms. In the case of doubt as to the scope of the obligations
resulting from such a declaration, such obligations must be interpreted in a restrictive
manner. In interpreting the content of such obligations, weight shall be given first and
foremost to the text of the declaration, together with the context and the circumstances in
which it was formulated.
Commentary
(1) In its Judgments in the Nuclear Tests cases, the International Court of Justice stressed
that a unilateral declaration may have the effect of creating legal obligations for the State making
the declaration only if it is stated in clear and specific terms.966 This understanding has been
adopted without change by the Court in the case concerning Armed Activities on the Territory of
the Congo.967
(2) In case of doubt concerning the legal scope of the unilateral declaration, it must be
interpreted in a restrictive manner, as clearly stated by the Court in its Judgments in the
Nuclear Tests cases when it held that, “when States make statements by which their freedom of
action is to be limited, a restrictive interpretation is called for”.968 The interpreter must therefore
proceed with great caution in determining the legal effects of unilateral declarations, in particular
when the unilateral declaration has no specific addressee.969
964 Ibid., p. 269, paras. 50 and 51 and p. 474, paras. 52 and 53.
965 A/CN.4/557, para. 45. Other unilateral declarations are addressed to one or more international organizations, as
is the case with Switzerland’s declarations concerning the United Nations and its staff (tax exemptions and
privileges) (ibid., paras. 138 et seq.)
966 Nuclear Tests (Australia v. France; New Zealand v. France), I.C.J. Reports 1974, p. 267, para. 43, p. 269,
para. 51, and p. 472, para. 46, p. 474, para. 53.
967 Armed Activities on the Territory of the Congo (New application: 2002) (Democratic Republic of the Congo
v. Rwanda), Jurisdiction and Admissibility, paras. 50 and 52.
968 Nuclear Tests (Australia v. France; New Zealand v. France), I.C.J. Reports 1974, p. 267, para. 44, and pp. 472
and 473, para. 47.
969 Frontier Dispute (Burkina Faso v. Republic of Mali), I.C.J. Reports 1986, p. 574, para. 39.
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(3) With regard, in particular, to the method and means of the interpretation, attention is
drawn to the observation by the International Court of Justice that “[t]he régime relating to the
interpretation of declarations made under Article 36 of the Statute [970] is not identical with that
established for the interpretation of treaties by the Vienna Convention on the Law of Treaties
(...). Spain has suggested in its pleadings that ‘[t]his does not mean that the legal rules and the
art of interpreting declarations (and reservations) do not coincide with those governing the
interpretation of treaties’. The Court observes that the provisions of that Convention may only
apply analogously to the extent compatible with the sui generis character of the unilateral
acceptance of the Court’s jurisdiction”.971 Applying the Court’s dictum and by analogy with
article 31, paragraph 1, of the 1969 Vienna Convention on the Law of Treaties, priority
consideration must be given to the text of the unilateral declaration, which best reflects its
author’s intentions. In addition, as acknowledged by the Court in its Judgment in the
Frontier Dispute case, “to assess the intentions of the author of a unilateral act, account must be
taken of all the circumstances in which the act occurred”,972 which constitutes an application by
analogy of article 31, paragraph 2, of the 1969 Vienna Convention.
8. A unilateral declaration which is in conflict with a peremptory norm of general
international law is void.
Commentary
The invalidity of a unilateral act which is contrary to a peremptory norm of international
law derives from the analogous rule contained in article 53 of the 1969 Vienna Convention on
the Law of Treaties. Most members of the Commission agreed that there was no obstacle to the
application of this rule to the case of unilateral declarations.973 In its Judgment in the Armed
970 Declarations accepting the compulsory jurisdiction of the International Court of Justice made under Article 36 of
the Statute of the Court lie outside the scope of the present study (see above, footnote 1). That said, the Court’s
reasoning is fully applicable to unilateral acts and declarations stricto sensu.
971 Fisheries Jurisdiction (Spain v. Canada), Merits, Judgment of 4 December 1998, I.C.J. Reports 1998, p. 453,
para. 46. See also Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria),
Preliminary Objections, Judgment of 11 June 1998, I.C.J. Reports 1998, p. 293, para. 30.
972 Frontier Dispute (Burkina Faso v. Republic of Mali), I.C.J. Reports 1986, p. 574, para. 40; see also Armed
Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v. Rwanda),
Jurisdiction and Admissibility, para. 53, and Nuclear Tests (Australia v. France; New Zealand v. France), I.C.J.
Reports 1974, p. 269, para. 51, and p. 474, para. 53.
973 Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 10 (A/54/10), p. 332, para. 557;
ibid., Fifty-fifth Session, Supplement No. 10 (A/55/10), p. 203, para. 597.
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Activities on the Territory of the Congo case, the Court did not exclude the possibility that a
unilateral declaration by Rwanda974 could be invalid in the event that it was in conflict with a
norm of jus cogens, which proved, however, not to be the case.975
9. No obligation may result for other States from the unilateral declaration of a State.
However, the other State or States concerned may incur obligations in relation to such a
unilateral declaration to the extent that they clearly accepted such a declaration.
Commentary
(1) It is well established in international law that obligations cannot be imposed by a State
upon another State without its consent. For the law of treaties, this principle has been codified in
article 34 of the 1969 Vienna Convention.976 There is no reason why this principle should not
also apply to unilateral declarations; the consequence is that a State cannot impose obligations on
other States to which it has addressed a unilateral declaration unless the latter unequivocally
accept these obligations resulting from that declaration.977 In the circumstances, the State or
States concerned are in fact bound by their own acceptance.
(2) The 1945 Truman Proclamation, by which the United States of America aimed to impose
obligations on other States or, at least, to limit their rights on the American continental shelf, was
not strictly speaking accepted by other States. All the same, as the Court has stressed, “this
régime [of the continental shelf] furnishes an example of a legal theory derived from a particular
source that has secured a general following”.978 In fact, the other States responded to the
Truman Proclamation with analogous claims and declarations979 and, shortly thereafter, the
content of the Proclamation was taken up in article 2 of the 1958 Geneva Convention on the
974 The declaration in this case was a reservation, a unilateral act which lies outside the scope of the present Guiding
Principles (see paragraph 174 above).
975 Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo
v. Rwanda), Jurisdiction and Admissibility, para. 69.
976 This article states: “A treaty does not create either obligations or rights for a third State without its consent.”
See also Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide,
I.C.J. Reports 1951, p. 21.
977 Or if there was a general norm authorizing States to take such action; but the unilateral acts made pursuant to a
norm of this kind lie outside the scope of the present Guiding Principles (see paragraph 174 above).
978 North Sea Continental Shelf (Federal Republic of Germany v. Denmark; Federal Republic of Germany
v. Netherlands), I.C.J Reports 1969, p. 53, para. 100.
979 See the case of Mexico, A/CN.4/557, para. 132.
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Continental Shelf. It could therefore be said to have been generally accepted and it marked a
point of departure for a customary process leading, in a very short time, to a new norm of
international law. The International Court of Justice remarked in that context: “The Truman
Proclamation however, soon came to be regarded as a starting point of the positive law on the
subject, and the chief doctrine it enunciated ... came to prevail over all others, being now
reflected in article 2 of the 1958 Geneva Convention on the Continental Shelf.”980
10. A unilateral declaration that has created legal obligations for the State making the
declaration cannot be revoked arbitrarily. In assessing whether a revocation would be
arbitrary, consideration should be given to:
(a) Any specific terms of the declaration relating to revocation;
(b) The extent to which those to whom the obligations are owed have relied on
such obligations;
(c) The extent to which there has been a fundamental change in the
circumstances.
Commentary
(1) In its 1974 Judgments in the Nuclear Tests cases, the International Court of Justice states
that “the unilateral undertaking resulting from [the French] statements cannot be interpreted as
having been made in implicit reliance on an arbitrary power of reconsideration”.981 This does
not, however, exclude any power to terminate a unilateral act, only its arbitrary withdrawal (or
amendment).
(2) There can be no doubt that unilateral acts may be withdrawn or amended in certain
specific circumstances. The Commission has drawn up an open-ended list of criteria to be taken
into consideration when determining whether or not a withdrawal is arbitrary.
(3) A similar case obtains where the declaration itself stipulates the circumstances in which
its author may terminate it982 or when its addressees have relied on it in good faith and have
980 North Sea Continental Shelf (Federal Republic of Germany v. Denmark; Federal Republic of Germany
v. Netherlands), I.C.J Reports 1969, para. 47.
981 Nuclear Tests (Australia v. France; New Zealand v. France), I.C.J. Reports 1974, p. 270, para. 51, and p. 475,
para. 53.
982 When the condition of the circumstances do not exist.
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381
accordingly been led “detrimentally to change position or suffer some prejudice”.983 A unilateral
declaration may also be rescinded following a fundamental change of circumstances within the
meaning and within the strict limits of the customary rule enshrined in article 62 of the 1969
Vienna Convention on the Law of Treaties.984
983 Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America),
Jurisdiction of the Court and Admissibility of the Application, I.C.J. Reports 1984, p. 415, para. 51.
984 Fisheries jurisdiction (Germany v. Iceland), Jurisdiction of the Court, I.C.J. Reports 1973, p. 63, para. 36, and
Case concerning the Gabcikovo-Nagymaros Project (Hungary v. Slovakia), I.C.J. Reports 1997, p. 64, para. 104.
Annex 33
Annex 34
Caitlyn Antrim, “International Law and Order: The Indian Ocean and South China Sea” in
Indian Ocean Rising: Maritime Security and Policy Challenges (D. Michel & R. Sticklor
eds., 2012)
Indian Ocean Rising:
Maritime Security and
Policy Challenges
Edited by David Michel
and Russell Sticklor
JULY 2012
Annex 34
International Law and Order:
The Indian Ocean and South China Sea
Caitlyn Antrim
Chapter Five
The Indian Ocean and South China Sea encompass a wide range of geographical, geological,
and biological features. The region includes several of the most heavily travelled international
straits, major fisheries, and areas with high potential for discovery of energy resources.
Meanwhile, the nations bordering the region range from some of the most prosperous and
dynamic countries of the developing world to some of the developing world’s poorest and
most dysfunctional states. The diversity of interests of nations bordering this region can
lead to conflict. International law, particularly the 1982 UN Convention on the Law of the
Sea, plays a pivotal role in peacefully resolving such conflicts. Yet while legal measures and
policy initiatives have helped mitigate international tensions through diplomatic processes,
political, economic, and environmental issues can still lead to disputes and conflict.
Introduction
In the decades since World War II, advances in maritime technology, increases in maritime
trade, and the growing economic value of offshore energy, mineral, and living resources
have collectively led to a breakdown of the centuries-old division of the ocean between
three-mile territorial seas under coastal state authority and the high seas, where freedom
of navigation and exploitation typically reigned. Following a period of expanding coastal
state claims over the sea and its resources, the 1982 UN Convention on the Law of the
Sea (UNCLOS) established a new order of the oceans that promised the stability needed
to protect sovereignty, provide for national security, promote trade and development, and
safeguard the marine environment.
UNCLOS defines ocean zones and the rights and obligations of states within those zones
(see Figure 5.1). It establishes organizations to carry out collective responsibilities for both
defining the boundaries of national jurisdiction and managing mineral resources beyond
those limits. It also provides alternative processes for conflict resolution, with some issues
subject to mandatory settlement of disputes.
UNCLOS is also a framework agreement upon which more specialized treaties,
organizations, and activities are established. These agreements, organizations, and activities
include a framework convention governing fish stocks on the high seas; the operation of
the International Seabed Authority in managing minerals beyond national jurisdiction;
and the implementation of security and environmental pacts negotiated under the
International Maritime Organization, as well as security partnerships such as the Proliferation
Security Initiative.
Annex 34
68 | Indian Ocean Rising
Figure 5.2: Jurisdictional Claims in the Indian Ocean Region
Seabed Minerals Beyond National Jurisdiction
All parties to UNCLOS are also members of the International Seabed Authority (ISA), the
agency that manages the mineral resources of the seabed beyond the limits of national
jurisdiction. There are three known classes of hard minerals on the world’s deep seabed:
› Polymetallic nodules of manganese and iron oxides enriched in nickel, copper, cobalt,
and rare earth elements are found on the abyssal plains;
› Cobalt crusts consisting of iron and manganese oxides enriched in cobalt and rare earth
elements, and found on the slopes of seamounts; and
› Polymetallic sulfides of copper and zinc, sometimes enriched with gold, that are found
near spreading centers and subduction zones.
Over the past decade, rising demand (particularly in China) for seabed minerals with
industrial applications drove metal prices upward, resulting in increased commercial
interest in seabed mineral deposits. India and China have each sponsored national
applicants for ISA recognition of exclusive rights to explore mineral sites in the Indian
Ocean. India’s claim is for a deposit of polymetallic nodules, while China’s claim is for a
deposit of polymetallic sulfides.
Source: Stimson
Annex 34
International Law and Order: The Indian Ocean and South China Sea | 69
Maritime Safety and Security Agreements
All of the coastal states of the Indian Ocean and South China Sea are members of the
International Maritime Organization (IMO). The IMO is the source of international rules
and guidelines governing shipping operations that flag states, port states, and coastal states
apply to international shipping in order to protect against vessel-source marine pollution.
The IMO also works with straits and archipelagic states to gain agreement on the designation
of sea lanes in international straits.
Several key maritime safety and security conventions have been negotiated under the
auspices of the IMO. With regard to shipping, two of the most important are the Convention
on Safety of Life at Sea (SOLAS) and the Convention on the Suppression of Unlawful Acts
(SUA). Both are evolving agreements that have been supplemented and modified through
subsequent protocols. Most recently, protocols to the SUA have been negotiated to address
acts of international terrorism.
The IMO also supports regional efforts to promote maritime security. In 2009, the IMO
convened a meeting in which East African nations adopted a “Code of Conduct Concerning
the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and
the Gulf of Aden.” The signatories requested that IMO and other international organizations
provide support in implementing the Code of Conduct, particularly in building national
maritime and legal capacity to implement it effectively.
In addition to the IMO, the UN Security Council has the authority to intervene in matters
affecting peace and security in the oceans. In recent years, the threat of piracy off the
coast of Somalia led the Security Council to issue a series of resolutions encouraging a
maritime response and authorizing actions that would otherwise exceed national authority
as recognized by UNCLOS. For example, UNSC Resolution 1946 provided (for a period
of 12 months) explicit authority for foreign ships to enter the territorial sea of Somalia to
counter piracy and armed robbery as if they were on the high seas. It also ensured that this
authority did not undercut the rights normally accorded by UNCLOS and did not establish
new customary international law. This authority, and the conditions placed on it, has been
renewed in successive Security Council resolutions.2
Smaller groupings of coastal states have also established specific regional initiatives. In
2004, the states bordering the Strait of Malacca began tripartite cooperation in anti-piracy
activities. A Regional Cooperation Agreement on Anti-Piracy—including East, Southeast,
and South Asian states—focuses on information sharing, capacity building, and cooperative
agreements, including an Information Sharing Center established in Singapore.
Annex 34
LOS
Status
Fish
Stocks IMO
Ext. Shelf
Claim
Submission
Date
Fishery
Commissions*
Excessive
Navigation
Restrictions**
Regional Seas
Programme Disputed Islands Claims & Maritime Boundaries
South Africa Party Party Member 5/5/2009 &
5/6/2009
IOTC (assoc.),
SWIOFC East Africa
Tanzania Party No Member IOTC,
SWIOFC East Africa
Kenya Party Party 5/6/2009
IOTC,
SIOFA (sign),
SWIOFC
East Africa Unresolved boundary with Somalia
Somalia Party No Member SWIOFC TS East Africa Unresolved maritime boundary with Kenya
Madagascar Party No Member 4/29/2011
IOTC,
SIOFA (sign),
SWIOFC
East Africa
Madagascar claims Bassas da India, Europa Island, Glorioso Islands, and
Juan de Nova Island (all administered by France); the cays of Banc du
Geyser, which were claimed by Madagascar in 1976, also fall within the EEZ
claims of the Comoros and France
Comoros Party No Member SWIOFC,
IOTC East Africa Comoros claims French-administered Mayotte, and challenges France and
Madagascar’s claims to Banc du Geyser in the Mozambique Channel
France,
Reunion and
Southern
Lands
Party Party Member 5/6/2009 &
5/8/2009
APFIC, IOTC,
SIOFA, (sign)
SWIOFC
East Africa
Mauritius Party Party Member 12/1/2008 &
5/6/2009
IOTC, SIOFA
SWIOFC TS, EEZ East Africa Mauritius and Seychelles claim the Chagos Islands; Mauritius claims
French-administered Tromelin Island
Mozambique Party Party Member 7/7/2010
IOTC (assoc.),
SIOFA (sign),
SWIOFC
East Africa
Seychelles Party Party Member 12/1/2008 &
5/7/2009
IOTC, SIOFA,
SWIOFC TS East Africa Mauritius and Seychelles claim the Chagos Islands (UK-administered British
Indian Ocean Territory)
Figure 5.6: International Organization Memberships and Jurisdictional Claims in the Indian Ocean Region
Annex 34
LOS
Status
Fish
Stocks IMO
Ext. Shelf
Claim
Submission
Date
Fishery
Commissions*
Excessive
Navigation
Restrictions**
Regional Seas
Programme Disputed Islands Claims & Maritime Boundaries
Maldives Party Party Member 7/26/2010
BOBP-IGO,
IOTC,
SWIOFC
TS, EEZ,
ArBL South Asian
Yemen Party No Member 3/20/2009 SWIOFC TS
Oman Party Party Member IOTC TP
Iran Signed Party Member IOTC TS, EEZ, CS
There is no agreed maritime boundary between Iraq and Iran along the
Shatt al Arab Waterway, which prompts jurisdiction disputes beyond the
mouth of the Shatt al Arab into the Persian Gulf; Iran and UAE continue to
dispute the Tunb Islands and Abu Musa Island, which are occupied by Iran
Pakistan Party Signed Member 4/20/2009 APFIC, IOTC TS, EEZ South Asian See India
India Party Party Member 5/11/2009 APFIC, BOBPIGO,
IOTC TS, EEZ South Asian
India and Pakistan seek technical resolution of the disputed boundary in
Sir Creek estuary at the mouth of the Rann of Kutch in the Arabian Sea;
Bangladesh has referred its maritime boundary claims with Burma and
India to the International Tribunal on the Law of the Sea Potential EEZ/CS
boundary with Bangladesh
Bangladesh Party Signed Member 2/25/2011 APFIC, BOBPIGO
TS, EEZ South Asian Maritime boundary with Myanmar at ITLOS
Sri Lanka Party Party Member 5/8/2009 APFIC, BOBPIGO,
IOTC TS South Asian
Myanmar Party No Member 12/12/2008 APFIC TS, EEZ Maritime boundary with Bangladesh at ITLOS
Thailand Party No Member APFIC, IOTC East Asia
Cambodia Signed No Member APFIC East Asia
Malaysia Party No Member 5/6/2009 APFIC, IOTC TS, EEZ East Asia Central SCS with China
Singapore Party No Member East Asia
Indonesia Party Party 6/16/2008 APFIC, IOTC TS, ArBL East Asia Central SCS with China
Annex 34
Source: US Defense Department, Excessive Maritime Claims, 2005.
*APFIC . . . . . Asia Pacific Fishery Commission
BOBP-IGO . . Bay of Bengal Program-Inter Governmental Organization
IOTC . . . . . . . Indian Ocean Tuna Commission
SIOFA . . . . . . Southern Indian Ocean Fisheries Agreement
SWIOFC . . . . South West Indian Ocean Fisheries Commission
**TS . . . . . . . . Territorial Sea
TP . . . . . . . . . Transit Passage
EEZ . . . . . . . . Exclusive Economic Zone
CS . . . . . . . . . Continental Shelf
ArBL . . . . . . . Archipelagic Base Lines
LOS
Status
Fish
Stocks IMO
Ext. Shelf
Claim
Submission
Date
Fishery
Commissions*
Excessive
Navigation
Restrictions**
Regional Seas
Programme Disputed Islands Claims & Maritime Boundaries
Brunei Party No Member Central SCS with China
Vietnam Party No 5/6/2009 &
5/7/2009 APFIC TS East Asia Paracel Islands, Central SCS with China
China Party Signed Member APFIC, IOTC TS, EEZ East Asia Spratley & Paracel Islands, Central SCS
Philippines Party Signed Member 4/8/2009 APFIC, IOTC ArBL East Asia Spratley Islands with China
UK Island
Territories Party Party Member APFIC, IOTC Dispute with displaced indigenous people over
proposed marine protected area
Annex 34
Annex 35
Dominik Balthasar, The Heritage Institute for Policy Studies, Oil in Somalia: Adding Fuel to
the Fire? (2014)
Annex 35
Oil in Somalia
Adding Fuel to the Fire?
Dominik Balthasar
Annex 35
Published in 2014 by the Heritage Institute for Policy Studies
Amira Hotel Road, KM5 Junction, Mogadishu, Somalia
About the Author
Dr. Dominik Balthasar is a development policy fellow with the Heritage Institute.
He currently holds a position with the Transatlantic Postdoctoral Fellowship for
International Relations and Security, working with Chatham House, the United
States Institute of Peace, and the European Union Institute for Security Studies.
Dominik’s work focuses on issues pertaining to conflict and state fragility, as well
as international efforts towards state reconstruction and development, particularly
in Somalia. Dominik has taught at the London School of Economics and Political
Science and the School of Oriental and African Studies, and has consulted with a
number of international development organizations in Somalia and other g7+
countries.
The Heritage Institute for Policy Studies
The Heritage Institute for Policy Studies is an independent, nonpartisan, nonprofit
policy research and analysis institute based in Mogadishu, Somalia.
Cover: Somali Fuel Company 2 fuel station in Mogadishu.
Photograph by the Heritage Institute for Policy Studies
Rights: Copyright © The Heritage Institute for Policy Studies
Text published under Creative Commons Licence Attribution-Noncommercial-No
Derivative www.creativecommons.org/licences/by/nc-nd/3.0.
Available for free download at www.heritageinstitute.org
Annex 35
economy (Bazilian et al., 2013).
Somalia hardly possesses the well-trained cadre of
technocrats and administrators necessary to
counter the politically and economically
detrimental effects of the paradox of plenty
(Shepherd, 2013). Moreover, the state not only lacks
clear property rights and sufficient capacity to
enforce these, but it also exhibits extraordinarily
weak bodies of political oversight, while
simultaneously featuring entrenched corruption.
Although perceptions about the current trajectory
of the country’s levels of corruption are ambiguous,
Somalia remains ranked as the most corrupt
country in the world (Transparency International,
2012). For these and other reasons, it seems
unlikely that Somalia is in a position to successfully
tackle the challenge of countering the adverse
economic effects generated by the resource curse.
As if that was not enough, the country faces a
multitude of additional challenges associated with
the early stages of re-defining and re-constructing
statehood.
Catalysing regional power play
It is well-established that a country’s natural
resources can provoke political tensions with
neighbouring states (see Billon, 2004). This is the
case in Somalia, where neighbouring countries as
well as states further afield have been alleged to
have interests beyond the humanitarian and
political situation. The links in the early 1990s
between the international humanitarian
intervention and the interest of Western oil
companies have been pointed out by a number of
analysts, and today’s international military
engagement is frequently believed to be partially
driven by a quest for oil exploration (see, for
example, Gibbs, 2000; Assl, 2012). One clear
indication of this can be found in the fact that one
of the US government’s six conditions it put in
place prior to recognizing the FGS lay in the Somali
government recognizing the rights of US oil
companies that had declared force majeure when
the regime of Siyad Barre crumbled (Heritage
Institute for Policy Studies, 2013).
Similarly, Kenya’s interest in Somalia’s
hydrocarbon endowments appears to have been a
key driver behind Nairobi’s 2011 decision to
militarily intervene in Somalia, and lend its
support to the regional administration of
Jubbaland (Jopson, 2007). The circumstances under
which Kenya opened a liaison office in Kismaayo
without seeking prior permission from the FGS,
and the fact that Italy-based Eni “intentionally
signed a contract with Kenya over a territory that
clearly belongs to Somalia”, support this
proposition.3 While the FGS is hardly in a position
to dispense of international partners like Kenya in
its fight against al-Shabaab, it seems that Nairobi’s
desire for near-term hydrocarbon exploration and
exploitation in Somalia not only adds a layer of
complexity to the situation, but may actually run
counter to re-establishing a stable and functioning
state.
Enhancing sub-national divisions
The yet greater hurdle for Somalia’s trajectory lies
with the likelihood that oil will also catalyse rifts
and political tensions at the sub-national level. This
risk is particularly likely in an environment in
which demands for federal state structures have
gained momentum. During the ‘roadmap process’
designed to end Somalia’s transitional era, and
since the selection of President Hassan Sheikh
Mohamud in September 2012, sub-national fissures
have increasingly come to the fore. Puntland has
felt increasingly marginalized by President
Mohamud’s government. Analysts judge that
“Mogadishu’s relations with Puntland are far from
good and could worsen if oil prospects prove
fruitful,” (Africa Confidential, 2013a). Similarly,
tensions with Somaliland also remain significant –
as shown not least in the recent dispute between
Hargeisa and Mogadishu over the control of Somali
airspace – and are likely to harden if commercially
viable oil is found in Somaliland.
Even more acute fissures have emerged within
south-central Somalia. Recent discussions
concerning the envisaged nature and shape of a
future Somali state have been strongly marked by
demands for federalism by both national and
international actors.4 Even though the President
has shown reservations – due in part to the
8
Annex 36
F. Oluoch & M. Kimani, “War hits Kenya’s bid to expand waters”, The East African
(29 Jan. 2012)
War hits Kenya’s bid to expand waters
theeastafrican.co.ke/news/War-hits-Kenyas-bid-to-expand-waters-/2558-1316006-6i73hjz/index.html
Sunday January 29 2012
Kenya is currently listed number 35 in the UN Commission on Limits of the Continental Shelf
list. The commission has only looked at applications of only 15 applicants. But sources say
Kenya could overtake some earlier applicants who still have border disputes with their
neighbours.
By FRED OLUOCH and MWAURA KIMANI
The lack of a boundary agreement between Kenya and Somalia and the continuing instability
in the latter country is likely to delay Kenya’s quest to add 150 additional nautical miles to its
territorial waters in the Indian Ocean.
The Ministry of Foreign Affairs, in a report to Treasury, says the bid is facing a challenge
meeting international approval because of the above factors.
Tanzania is also seeking an extension of its territorial waters via an application made
on January 18. In June 2008, Tanzania and Norway signed a two-year agreement to provide
$4.6 million in funds for a Delineation of the Continental Shelf project.
Kenya’s application to acquire an additional 103,000 square kilometres in what is being billed
as the second and last scramble for the world, seeks to delineate the outer limits of the
country’s continental shelf outside the Exclusive Economic Zone of 200 nautical miles.
Annex 36
This would give Kenya the right to explore and exploit non-living and mineral resources on the
seabed and sub-soil of the extended continental shelf adjacent to the EEZ in accordance with
the United Nations Convention on the Law of the Sea.
The Task Force on Delineation of Kenya’s Outer Continental Shelf now headed by Juster
Nkoroi, deposited the application at the United Nations for approval in May 2009; The decision
is expected to be made in 2014.
This leaves Kenya with one year to meet the criteria for approval, a task that is now being
complicated by the situation in Somalia — a key neighbour with which it must be in agreement
with before it can get the extra sea territory.
Currently, Kenya does not have a maritime border agreement with Somalia, whereas one of
the UN requirements is that countries that share the ocean must reach an agreement on the
border issue.
Kenya has relied on the Statement of Understanding criteria in its submission to the UN.
Kenya and Somalia’s Transitional Federal Government signed a memorandum of
understanding in April 2009 granting each other, no objection in respect of submissions on the
outer limits of the continental shelf to the UN Commission on Limits of the Continental Shelf.
But this MOU was strongly contested by Puntland, which argued that the TFG was selling the
country’s resources. The TFG parliament also voted against the agreement soon after its
signing.
Dr Muhamed Ali, a security expert on the Horn of Africa, argues that the ongoing war in
Somalia and the absence of a legitimate government are likely to complicate Kenya’s
application.
“The question is whether TFG — which is transitional in nature and does not enjoy the
people’s mandate or have jurisdiction over the entire country — has the right to enter into
major agreements with other countries,” he said. But, Defence Minister, Yusuf Haji maintained
that TFG is a legitimate government with a seat in the UN and the African Union and that the
Somalia issue is not likely to affect Kenya’s application.
“We are not taking part of Somali territory, even though it is accepted international standards
that neighbours sharing the ocean must give consent. All our neighbours have given consent,”
he said.
According to the roadmap, Somalia is scheduled to hold elections in August this year after
writing a new constitution. But, that will depend on whether the African Union Mission in
Somalia will have freed the entire country from the grip of Al Shabaab by then.
Application challenges
According to Patrick Wamoto, Political and Diplomatic Secretary at the Ministry of Foreign
Affairs, Kenya nevertheless has a strong case.
Annex 36
“We will deal with the issues as they arise. But the application remains a strong one, having
been developed with the help of countries like Norway,” he said. Kenya has already secured a
maritime agreement with Tanzania, its neighbour to the south.
The submission is estimated to have cost Kenya about $8.9 million.
Other challenges facing Kenya’s application include the fact that the country is yet to enact
comprehensive laws to deal with environmental protection in the exploitation of marine
resources. Proper domestication of international and regional treaties that enhance good
ocean management and governance is lacking.
Kenya’s existing laws are relics of the colonial era, except for the Environment Management
and Co-ordination Act of 1999, which is more comprehensive and responsive to recent
environmental challenges facing the country.
Kenya, like any other coastal state, faces a myriad environmental challenges and impacts due
to rapid development and socio-economic activity in its coastal and marine areas.
These activities are mostly associated with industry, tourism, agriculture, fishing and more
recently oil exploration in the offshore area. There is no comprehensive policy on ocean
governance.
Extension of Kenya’s Exclusive Economic Zone could increase the chances of Kenya striking
oil offshore.
Annex 36
Annex 37
Fred Oluoch, “UN unveils new look Amisom as Kenya joins up”, The East African
(11 Feb. 2012)
UN unveils new look Amisom as Kenya joins up
theeastafrican.co.ke/news/UN-unveils-new-look-Amisom-as-Kenya-joins-up/2558-1324660-12nxtmp/index.html
Saturday February 11 2012
Djibouti soldiers arrive at Mogadishu’s Adan Ade international airport on December 20, 2011.
Picture: File
By FRED OLUOCH
Kenya is to send close to 5,000 soldiers to serve under a new look African Union Mission to
Somalia. The United Nation Security Council last week released details on the strength and
command structure of the expanded Amisom peacekeeping force.
A report by the UN Secretary-General Ban Ki-moon reveals that Kenya will provide 4,700
troops and will be based in Sector 2, covering Middle and Lower Juba regions (Kismayu). Till
now, the Kenya Defence Forces, which entered Somalia in October last year, have been
secretive on the number of troops on the ground, although it is estimated Nairobi has at least
2,000 soldiers in the neighbouring country.
The UN has authorised Uganda and Burundi to increase their troop levels in Somalia to reach
the 12,000 mark, up from their current strength of 9,500 troops.
Kenya, defence officials said, is awaiting a decision by the AU and the UN Security Councils
on when the country can formally join the Somalia mission. The cost of deploying 17,731
troops is likely to double Amisom’s budget from the 2011 figure of $247 million to between
$450 million and $500 million.
Annex 37
Assistant Minister for Defence David Musila said Kenya must complete its self-declared
Operation Linda Nchi before joining Amisom. It is understood that the thinking is that this would
avoid creating a power vacuum that could see a resurgence of Islamist militants in the lawless
Horn of Africa country.
Once Kenya joins, the total number of Amisom troops will be 17,731 uniformed personnel.
They will be based in four sectors:
Sector 1 with 9,500 troops from Uganda and Burundi operate from Banadir (Mogadishu) and
Middle and Lower Shabelle regions;
Sector 2, covering Middle and Lower Juba regions (Kismayu), where Kenya will provide 4,700
troops;
Sector 3 will cover Gedo, Bay and Bakool (Baidoa) and western part of Hiraan and will be
policed by the 2,500 fresh troops to be generated from Burundi and Uganda; Sector 4 will
cover Galgudud, Mudug and part of the Hiraan regions (Beledweyne) and will be policed by
1,000 troops from Djibouti
Each sector will have a logistical hub, with structures to house headquarters, medical facilities
and stores. The remainder of the sector forces will maintain tactical camps to allow them to
respond to the changing operational situation. The Force Commander would have two Deputy
Force Commanders, one for operations and plans and another for support, as well as a Force
Chief of Staff.
Earlier, there were concerns that Kenya would not be willing to place its troops under Ugandan
command once it joined Amisom. But Mr Musila said that the command structures have been
negotiated and no country will feel inferior to the other because it will be a joint command.
The UN will continue to provide the current support package and limited self-sustainment in
accordance with previous Security Council resolutions. In addition, the reimbursement of
contingent-owned equipment, including enablers and multipliers, will be covered from
assessed contributions under an extended logistical support package.
Only equipment deployed by the troop-contributing countries and considered to be owned by
troop-contributing countries will be reimbursed. Equipment donated to Amisom or where the
ownership still remains with the donor would not be reimbursed.
Mr Ki-moon however noted that failure to secure enablers (equipment) and force multipliers
would have a negative impact on consolidating the gains achieved and expanding operations,
requiring higher costs of operations in the long run.
At the moment, the AU and UN planners are working to develop a strategic concept for future
Amisom operations in Somalia. The concept aims at joining all the separate ongoing military
operations in Somalia into a co-ordinated and coherent effort against Al Shabaab, which will be
critical to extending the authority of the Transitional Federal Government beyond the capital
and to creating space for the effective implementation of the Somalia peace roadmap.
Annex 37
In Mogadishu, Amisom has continued to consolidate its control over all districts of the city and
has begun operations on its outskirts. Outside Mogadishu, the combined operations of Kenyan
military and Ethiopian troops working with forces allied with the TFG have continued to gain
ground, including taking Beledweyne in December 2011.
Annex 37
Annex 38
Samuel Kamau Mbote, “COFEK question National Oil Western Geco contract to store Kenya
Oil Data”, Oil News Kenya (22 Mar. 2014)
Annex 38
Annex 38
Annex 38
Annex 39
“Spectrum ASA completes the acquisition of 2D seismic data offshore Somalia”, Oil News
Kenya (5 May 2016)
Spectrum ASA completes the acquisition of 2D
seismic data offshore Somalia
Leave a Comment / Top News / By OilNews / May 5, 2016
Spectrum ASA has successfully completed the acquisition of 2D seismic data offshore south Somalia that
commenced 5 th September, 2015 when Spectrum ASA and the Federal Government of Somalia entered
into a Multi-client master cooperation agreement with the federal government.
According to Spectrum ASA the total number of sail line Kms acquired equates to 20,582.75 Km and was
completed without any major incident.
The new acquisition will complement 20,000 km of existing seismic that was acquired in 2014 by Seabird
Exploration under contract from oil explorer Soma Oil and Gas with the data placed in the Ministry’s data
room in Mogadishu and will will allow the in-depth study of hydrocarbon prospectivity offshore Somalia.
In 2014 Seabird acquired over 20,500 km lines of 2D seismic data across a 114,000 sq km offshore
evaluation area.
Soon Spectrum says it will start to process and interpret the data and and its findings will be announced
by the Federal Government.
This effort will reveal the resources, whether oil or gas, hidden beneath the sea-floor of the Indian Ocean.
Furthermore, seven Somali geo-scientists participated on the acquisition of the data and trained on the
ship excuting the seismic shooting. These trainees will go to Cairo, Egypt where they will further learn
more on data processing and geologic interpretation at Spectrum’s centre there.
The seismic acquired by BGP includes Shell & Exxon’s Force Majeure acreage covering more of shallow
water to ultra deep ocean and will be an infill of Soma’s survey.
The seismic did however exclude Jorra block in the south and stopped at Puntland to the North.
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Annex 39
Annex 40
United Republic of Tanzania, Government Notice No. 209 (24 Aug. 1973), published in Gazette
of the United Republic of Tanzania, No. 36, Vol. LIV, Supplement No. 48 (7 Sept. 1973)
Annex 40
No. 5.~66 \J
19 SEP 19/J ...
supplement No. 48
7th September, /973
SUBSIDIARY LEGISLATION
10 thl Gault• of IM Unlt•d &public of Tanzania Ni 36 r, • o. , rol. LIY, dat.d 7th Septemb.r, 1973
Printed by the Government Printer Dar es Salaa • m, ent.
G OVERNMENT NOTICE No. 209 publish <d on 9
THE INTERIM CONSTITUT--
Made under section 2
WHEREAS the Law of Nations recognizes that the sovereign power of a
state extends to a belt of sea adjacent to its coasts:
A~o WHEREAS, in the absence of uniformity in international practice
rclatmg to the extent of the terr :to rial waters of states., it is necesisary
that a declaration be made of the extent of the territorial waters of the
United Republic of Tanzania:
Now THEREFORE, I, JULIUS KAMBARAGE NYERERE, President of th•e
United Republic of Tanzania, in exercise of the powers vested in me by
the Interim Constitution of Tanzania 1965, and other written laws
of th;: United Republic do hereby declare and ,proclaim that,
notwithstanding any rule of law or any practice wh:ch may have
been observed hitherto in relation to the United Republic of Tanzania
or the territorial waters of the United Republic of Tanzania, the
territorial waters of the United Republic of Tanzania extend across
the sea a distance of fifty nautical miles measured from the appropriate
base lines along the coasts and adjacent isl~~d~ as marked ?~ charts
numbered 1 to 4 issued by the Surveys D1v1swn of the Mm1stry of
Lands, Settlement and Water Development, Dar es Salaam, on ~0th
March, 1967 and registered with the Secretary-General of the United
Nations·
Provided that in respect of the island of Pemba wh~re the distance
between the base line measured on Pemba and the mamland of Kenya
is less than one hundred nautical miles, the territ?rial. waters, of t_he
United Republic of Tanzania extend up to the median )me _every pomt
of which is equidistant from the nearest point on the base-Im~ between
Pemba and the mainland of Kenya as marked on the aforesaid charts.
The Proclamation made by me on the tenth day of July, 1963 and
published as Government Notice numbered 353 t 19:3 1 ~~~ th~
Proclamation made by me on the thirtieth day of hrc b :~
Published as Government Notice No. 137 of 1967 are ere Y revo ·
~ Signed and sealed with the Public seal at Dar es Salaam
Qthis twenty-fourth day of August, 1973.
JULIUS K. NYERERE,
President
.,
l
r
1.:
Annex 41
International Hydrographic Organization, Hydrographic Dictionary (5th ed., 1994)
INTERNATIONAL HYDROGRAPHIC ORGANIZATION
HYDROGRAPHIC DICTIONARY
Part I
Volume I, English
Special Publication No. 32
FIFTH EDITION
MONACO
1994
600-XII-1994 S-32
Annex 41
P R E F A C E
The preparation of the Fifth Edition of the Hydrographic Dictionary was undertaken by a Working
Group established in accordance with the Bureau's Circular Letter CL 45/1984 of 13 December 1984.
The Working Group was comprised of staff members of the Hydrographic Offices of Argentina,
Croatia (associate member), France, and the United States of America (NOS). It carried out its work under
the chairmanship of Captain H.-P. Rohde, IHB.
The Hydrographic Dictionary is published in two parts. Part I contains terms and definitions in the
two official IHO languages and is published in separate volumes for each language. The definitions are
intended to give concise explanations of terms, without necessarily considering specific applications or
interpretations as, for example, for legal matters. Definitions of terms in Part I which were taken from
publications of other authorities, are given without quoting these authorities. Other IHO publications
containing glossaries were consulted to ensure consistency.
Part II will consist of separate supplements that provide a translation of the terms into various
languages other than the official IHO languages. In each supplement, the terms will be listed alphabetically in
English, with their equivalent in the other language, but without a translation of the definition. Each
supplement will also contain an alphabetical listing of the terms in the other language, giving the relevant
index number of the term in the English volume of Part I.
The English text in Volume I of this Dictionary has been modified to ensure maximum agreement
with the French text and also to take into account certain more recent sources which have become available
since the date of the Fourth Edition.
Valuable advice has been received from the Hydrographic Offices of a number of Member States
and from other users of the Hydrographic Dictionary which sent the Bureau lists of proposed amendments to
the 1990, Fourth Edition.
__________
Annex 41
135
2925 louver shutter. See SHUTTER.
2926 love wave (or Q-wave). See WAVE.
2927 low. See DEPRESSION.
2928 lower branch. That half of a MERIDIAN or CELESTIAL MERIDIAN from POLE to POLE which passes through the
ANTIPODE or NADIR of a place.
2929 lower culmination. See MERIDIAN TRANSIT.
2930 lower high water (L.H.W.). The lower of two HIGH WATERS occurring during a TIDAL DAY if the DIURNAL
INEQUALITY prevails.
2931 lower high water interval. See LUNITIDAL INTERVAL.
2932 lower limb. See LIMB.
2933 lower low water (L.L.W.). The lower of two LOW WATERS occurring during a TIDAL DAY if the DIURNAL
INEQUALITY prevails.
2934 lower low water interval. See LUNITIDAL INTERVAL.
2935 lower transit. See MERIDIAN TRANSIT.
2936 lowest astronomical tide. The lowest tide level which can be predicted to occur under average meteorological
conditions and under any combination of astronomical conditions.
2937 lowest low water. An arbitrary LEVEL conforming to the lowest TIDE observed at a place, or somewhat lower.
2938 low frequency (LF). See FREQUENCY: RADIO.
2939 lowland. Low and relatively level LAND at a lower ELEVATION than adjoining districts.
2940 low oblique photograph. See PHOTOGRAPH.
2941 low tide. See LOW WATER.
2942 low-tide elevation. A naturally formed area of land which is surrounded by and above water at low tide, but submerged
at high tide.
2943 low velocity layer. Any LAYER in which the VELOCITY of compressional wave propagation is lower than in the
adjacent LAYERS. Such a LAYER can act as an efficient channel for the propagation of elastic WAVES for great
distances.
2944 low water (L.W.). The lowest LEVEL reached at a place by the water surface in one OSCILLATION. Also called low
tide.
2945 low water: double. A LOW WATER consisting of two minima separated by a relatively small elevation. See TIDE:
DOUBLE.
2946 low water full and change (L.W.F. and C.). The average interval of time between the TRANSIT (upper or lower) of
the full or new MOON and the next LOW WATER.
2947 low water inequality. See DIURNAL INEQUALITY.
2948 low water interval. See LUNITIDAL INTERVAL.
2949 low water line. See LOW WATER MARK.
2950 low water lunitidal interval (L.W.I.). Low water interval. See LUNITIDAL INTERVAL.
2951 low water mark. The intersection of the plane of LOW WATER with the SHORE. The line along a COAST, or
BEACH, to which the SEA recedes at LOW WATER. Also called low water line.
Annex 41
Annex 42
United States National Geospatial-Intelligence Agency, Chart 61220: Manda Island to Kismaayo
(20 Jan. 2014)
Annex 42
Annex 43
Consumers Federation of Kenya, “How the latest string of National Oil Corporation of Kenya
(NOCK) contracts will affect you the consumer” (20 Mar. 2014), available at http://www.cofek.
co.ke/index.php/news-and-media/399-how-the-latest-string-of-national-oil-corporation-ofkenya-
nock-will-affect-you-the-consumer
The National Oil Corporation of Kenya Managing Director Ms Sumayya Hassan-Athmani has signed numerous commitments with far-reaching implications to the
consumer.
Even as the Board of Directors meet tomorrow Friday March 21, 2014, the thorny issue of renewal of the current MD's contract is not listed
(http://www.cofek.co.ke/NOCK%20BoD%20Notice%20for%20March%2021-2014.pdf). Meanwhile the Energy & Petroleum Cabinet Secretary Mr Davis Chirchir (pictured)
has maintained his loud silence as the energy sector suffers sever governance challenges.
Let us sample a few such non-competitive contracts and how they are likely to affect you, the taxpayer sooner than later.
In the MOU between NOCK and Western Geco (http://www.cofek.co.ke/Western%20Geco%20-%20National%20Oil%20Corporatio…-
%20July%202013.pdf)
Section 2-2.2
NOCK has granted Western Geco exclusive rights to acquire any data over any offshore acreage- These exlusive permits are usually granted by the Minister for Energy
and not NOCK
NOCK has granted Western Geco the right to store any existing data- Any existing data belongs to the government of Kenya and if NOCK allows Western Geco to host
any such existing data especially where there are activePSCs the confidentiality of the data will be at risk.
NOCK has awarded the contracts for:
How the latest string of National Oil Corporation of Kenya (NOCK) contracts will aect you the consumer
Created: Thursday, March 20, 2014
Page 1 of 3
-Setting up a National data centre
-Setting up a seismic data Processing Centre
© 2017 Consumers Federation of Kenya (COFEK)
Annex 43
-and setting up a visualization centre to Western Geco
This will involve a lot of money and single sourcing of the contractor has been done without any competitive bidding process
In clause 4.4 NOCK agrees to provide Western Geco with all current and future licence agreements
All PSCs are signed between the Government of Kenya and the license operators and whereas NOCK has agreed that this clause is binding to it and Western Geco ;
NOCK is only a government agency allowed to keep copies of PSC and has no legal right to give such documents to Western Geco as stated in the MOU.
In the signed non-exclusive permit withWesten Geco/ Schlumberger (/National%20Oil%20-
%20Fugro%20Agreement%20on%20Non-
Exclusive%202D%20Marine%20Seismic%20Data%20in%20Kenya.pdf)
In clause 6.2 of the MOU, NOCK agrees to shut competition from other Multi client survey providers such as PGS and ION Geoventures and reserve the rights to
Western Geco.
It is important to note companies such as ION Geoventures had proposed negotiable terms similar to Western Geco's final terms- If negotiations were held between
NOCK and ION Geoventures there was a possibilty of arriving at better terms. It is also important to note that over the same area NOCK had negotiated better terms
with FUGRO than what has been signed with Western Geco.this is shown by comparison of the financial terms of both agreements from the second and third tiers.
Page 2 of 3
Annex 43
Module Cost in USD per user per
year
Equivalent Cost in KShs per
user per year
Archive only 8,1000.00 696,600.00
Archive and logs 13,500.00 1,161,000.00
Archive and Seismic 13,500.00 1,161,000.00
Enterprise Solution (Logs
and Seismic)
18,900.00 1,625,400.00
Page 3 of 3
In clause 3.2 NOCK agrees to assist Western Geco in Customs exemption for equipment yet Schlumberger has a Kenyan office. This is an avenue that is likely to be
misused with the support of NOCK
In article 4 NOCK commits to influence promotion of the data packages and Licensing of the blocks.This is a good avenue to enlist corrupt practices
Whereas the right to license blocks is vested in the Cabinet Secretary for Energy & Petroleum, NOCK in clause 4 commits that if the Cabinet Secretary so grants a license
to another party other than through brokerage by Western Geco, the PSC holder must purchase the data from Western Geco at their price.
There is a danger that if such company is not compelled under any law to purchase the data and NOCK has agreed to this arrangement NOCK will be penalized with
Western Geco deducting such amounts from NOCK's revenue share
At appendix 4
Under the NDC project all Kenyan Petroleum Data will be hosted by Schlumberger in UK
-On top of the software license fees not to mention the software is leased to NOCK, there are daily data management rates ranging from USD 1,850 to USD
4,100 (or KShs 159,100.00 to KShs 352,600.00)
For the project implementation phase which the contract does not offer specific details to be included NOCK has agreed to an implementation cost of USD 525,000.00 (or
KShs 45,150,000.00)
The amounts involved are huge and no procurement procedures have been followed for this service. NOCK will continue paying the daily data management costs.
Other costs of access to be paid by NOCK per single user per year for the service:
In Appendix 5
NOCK has contracted the same company to establish a Data Processing
Centre at a cost of USD 247,607.00 (or KShs 21,294,202.00 ) without
following any competitive procurement procedure. On top of this NOCK will
incur anotherUSD 98,000.00 (KShs 8,428,000.00) to train its staff on the processing of the data. Thus the total for data processing centre including staff training is KShs
29,722,202.00
In appendix 6
NOCK has awarded the establishment of the data visualization centre to the same company at costs which the company says may range from USD 800,000.00 to
1,000,000.00 ( or KShs 68,800,000.00 to 86,000,000.00). this was equally not competitively done and the final cost is left to contractor to determine
Annex 43
Volume II - Figures and annexes