Tag: Lake Albert Basin
Opinion: Museveni forgot about the Wayland Survey
“Coming to the East African oil pipeline and the business opportunities it offers, I first declare that I have never been intoxicated by oil. Uganda discovered petroleum in 2006. It is now 15 years but the oil has not been pumped out of the ground. Yet, the economy of Uganda is growing” (Museveni, 27.11.2021).
As the history lecture and President for Life. A man who often back thousands of years in his speeches. You would think that man could reiterate or recite history correctly. However, that is apparently too much to ask for by President Yoweri Tibuhurwa Kaguta Museveni. The President who has been His Excellency since 1986. This man has no bounds, but when coming to the Lake Albertine Graben and the oil exploitation there. He should know the truth.
If not? People like me have to remind the old fella this. You can try to rewrite history as the last victor. That is what all rulers does and especially when people tend to forget what happened before our own generation. Heck, we are soon forgetting the giant tragedies of the 1990s. Because, they are so many decades behind us.
Today, I am going back nearly 100 years. To a British Fellow and who started his work in East Africa before the 1920s, as he started his surveys from the year of 1919. He started his reports in 1920 about the preliminary findings in Uganda. This is written about the Uganda Journal by B.C. Kino, which was published in 1967. Therefore, Yoweri have to try better, as the survey where they found petroleum or was in 1925, 6 years after Wayland came to the Republic.
“In 1925, E.J.Wayland, Director of the Geological Survey of Uganda, carried out a survey which confirmed evidence of hydrocarbons, including oil and gas seeps, in the Albertine Graben (Kashambuzi, 2011). This caught the interest of the British colonial government and Anglo-Persian Oil Company which agreed to a joint venture project to prospect for and produce oil in Uganda in 1926, but the plans were later abandoned during Economic depression of 1929 (Guweddeko, 2000)” (KYOMUGASHO, MIRIAM, “Oil Industry in Uganda: The Socio-economic Effects on the People of Kabaale Village, Hoima, and Bunyoro Region in Uganda” (2016). Dissertations – ALL. 613).
For the ones taking his every word and printing it without questioning it. You could easily be fooled. I cannot fact check everything and neither do I care, as this sort of speeches is reckless propaganda and for the Movement crowds, because nothing is transparent about the oil exploitation or the pipeline transactions either.
We just know there will be issues with the routes of the pipeline, the cost of production and the settlements afterwards. There will be shady dealings and corruptions scandals involved. However, at this point, the resources and the oil/petroleum could easily become an asset for the creditors to seize the day it’s produced. Since the President and the Movement has been such steady lenders for every single development and infrastructure project of the Republic during the last decade or so. Therefore, don’t expect a fun adventure or a fairytale. No, expect a dark sinister tale of depression and disgraceful attitude.
Why? Well, we know the man at the helm and his not honest about anything. He cannot even recite history correctly. Nevertheless, that is just before his time and when they we’re a British Enclave… Peace.
A Breakdown: Oil Exploitation, which is so taxing… why are the deals confidential?
Today, the Government of Tanzania have together with the Government of Uganda signed off to a Host Government Agreement (HGA), also together with Total, the supposed builder of the East Africa Crude Oil Pipeline (EACOP).
Today, all the years of waiting, stalling and finding measures of taxes pays-off. We can still wonder what is basic fee structure and what is the price of taxation of the extraction of oil exploitation in the Lake Albertine basin. In the same regard, we can wonder is the specific route for the pipeline and what consequences it will have to nature, reserves and national parks. Because, the drill itself is just in the near proximity of Murchinson Fall National Park. Before it will continue or pass through other untouched areas of both Uganda and Tanzania.
There is still not answers or openness about the deals in the regards to the Uganda National Oil Company (UNOC) and the Tanzania National Oil Company (TNOC), in combination to the ownership and licences of China National Offshore Oil Company (CNOOC) and Total. Therefore, there are plenty of stakeholders and everyone wants to profit on the resources.
With both Republics signing of the HGA agreement and preparing for the Final Investment Decision (FID). The building of the pipeline and the industry can start off. This has also been stopped by taxation and the questionable acquisitions of exploitation licences in Lake Albert. Therefore, the whole Heritage and Tullow taxation case and the costs it had for Total to pay off that. Is still not shown to the public or if the Government of Uganda has forgiven the past company to give way. While Tullow surely wanted profits for their time and the valuable licences they had gotten rights too in earlier rounds.
What is also worrying to me? Well, the deals are not public. The agreements between the Corporations and the Republics are practically unknown and only mere fragments is out. Just like the power-sharing of 60% to Tanzania and 40% to Uganda. Is still not saying much, considering this will be still carved up by Total and CNOOC too, also some sort of deal with UNOC and TNOC. These will not operate on charity, but as a benefactor of the Republic itself.
The public should know this, because it is public resources, state resources and oil exploitation on public land. The companies are using licences and also the same licenses to transport the crude oil in the pipeline from Lake Albert to Port Tanga. Therefore, it is needed to get this knowledge to show the price, the agreements and the possible perks. Because, we don’t if they even have strings or not.
We should wonder why its confidential and kept a secret. The companies should also be displeased, unless they like to exploit without any transparency. Because, these deals and arrangements haven’t been made transparent or with accountability. It has been done in the chambers of Entebbe and in Tanzania. The general public will only see a fraction and not know the full extent.
That is a deliberate action by Presidents and their handlers. The UNOC, TNOC, Total and CNOOC can operate without to much scrutiny and just enjoy the cheers. There is a need to know, but don’t expect it. Since, the GoU and GoT haven’t delivered this in past, neither has the GoU showed anything from the previous deals with Heritage/Tullow. Why should they suddenly change of heart?
I don’t think so… unless there is a sudden miracle. If not … if there is a shady deal and one company feels used and will take it to an international court. Then, we will see some evidence of what went down. However, until then… we only know the bits and pieces. Peace.
A Breakdown: Oil Exploitation, which is so taxing… can start if Tanzania signs a deal too..
Last year in September 2019, the Farm Down Agreement of Tullow Oil was supposed to be traded to Total E&P Uganda. This was a long and prolonged negotiations, as the British Tullow Oil has been in dispute of taxation and payments of fees the Government of Uganda, which was deemed as the “Presidential Handshake”.
What happen yesterday with the Financial Investment Decisions (FID) of Total, as it has taken over the stakes of Tullow Oil. While agreeing on added terms in combination with the China National Offshore Oil Corporation (CNOOC) to drill after petroleum in various of blocks on Lake Albert, also build the petroleum pipeline from Hoima to Port Tanga, Tanzania.
The Port Tanga and Pipeline agreement was sealed in 2017 between the Government of Uganda (GoU) and Government of Tanzania (GoT). That after lots of meetings and consultations between the parties. There was some who even tried to get it Port Lamu in Kenya, but that was ditched. Also, causing a rift between Dodoma and Nairobi.
Now, the next step is that Total and CNOOC is able to get a Host Government Agreement (HGA) for the East Africa Crude Oil Pipeline (EACOP) project. That was agreed by the parties in Entebbe for the territory of Uganda, but it is not sealed with Tanzania.
Though it should be in the interest to sign an agreement with President Magufuli and the CCM. Now, that they have fixed the first part and the licences to drill on Lake Albert. Total and CNOOC needs the HGA in Tanzania too. That will be beneficial for the Republic there too.
This has been a long time… the first reports of agreements and production licenses to blocks on Lake Albert in early 2000s. This was agreements being made between the government and the Tullow/Heritage and ENI as well. Which later has caused rift between the companies and the Republic, as the Oil Companies wasn’t willing to pay taxes and the Uganda Revenue Authority (URA) needed to win a Court Case in 2014 to get taxes owned paid by Tullow, as they had to cover the loss of taxes from their acquisition of Heritage Oil.
So, the news today is big. Maybe, the President got another Presidential Handshake, as the Tullow Oil Taxes case brought a lot of kickbacks. The deals sealed between Museveni and Total is a secret. Therefore, only the agreement of what it does is in public, but not the costs, the tax-grade and the limitations of it. Total and CNOOC can have gotten it for cheap for all we know.
That is something for the time to tell. Now, the Lake Albert Basin, the Lake Albert Blocks for drilling is sealed, which has been in question and awaited a verdict for years. The same has the years of a agreement for a company to build the pipeline and pay the rates for having the operation going.
Now, there is one final agreement that needs to be sealed in Tanzania. By all means, the Republic’s needs also to settle the routes, the land-acquisitions and other arrangements too. While the other HGA is necessary to get started. As the process is now moving. The initial agreements are made, but the companies still needs goodwill elsewhere to make this pop-off. This will be years in the making. As the state of Uganda is scheduling a Oil Refinery in 2023, but that depends on everything else goes as planned at this point.
And in this business, at this point, everything that can be stalled and discontinued can happen. Even, if one of the companies stops seeing the financial viability and lack of profits. Than, they might suspend and try to sell the Producing Licenses Agreement to someone else again.
I wouldn’t be shocked, if Total bails out or something. There been so many companies involved and we are still not starting production. This being in the works since the early 2000s with the modern day deals and new arrangement for petroleum activity in the Lake Albert basin. That is why I am reluctant. Because, at any given moment, someone gives way and it sto
Africa Institute for Energy Governance (AFIEGO): Youth and CSO Case angainst TIlenga EIA Certificate set for hearing today (01.10.2019)
A Breakdown: Oil exploitation, which is so taxing…
In the Republic now its official that the companies that was supposed to buy the stake and the licences to drill for oil from Tullow Oil have backed out. This means, that Total and CNOOC is not operating or willing to foot-the-bill that Tullow left behind.
This is all a play for guards, they all want the slice of the price, but don’t want to be taxed for it. They want tax-holidays for operating and extracting the oil, even as the incentives to build the oil pipeline to Tanga, Tanzania is put on hold. Since a big part of the Lake Albert Basin is still in question. Since, the Tullow Oil doesn’t want to deal with the taxes in question.
Tullow Oil have to back-pay taxes, which it lost in court. They are obliged to pay these, but want the other companies to foot-the-bill, since they will drill and exploit situation. The others gather that this has occurred before they did and that Tullow should pay it. That is why it’s a dead-lock. Because, none of the companies want to pay the taxes.
This is the infamous taxes, which led to the Presidential Handshake drama and wobbling defence of it. That made all the people and civil servants dance for a hot minute. Now, we are seeing the deadlock because of this one.
The state is allowed and should tax the ones whose operating in their territory. Without a question or without any hesitation. Because, they should be able to pay for your rights to be able to do business somewhere. However, here it’s a mismatch of the amounts gained in courts and the planned surrender of Tullow.
Tullow considered that their Farm-Down deal with Total and CNOOC would clear their old debts with the Republic. Instead, the other companies want its shares, but not its past invoices. Which is natural. Because, your paying for other peoples misfortune and cost of operating. That is simple math.
It is Tullow that has done business, who has been operating and whose been in charge of certain parts of Lake Albert Basin. They got to stay responsible. Now, they just looking like a shell-company wanting to be a tax-evasion corporation, who puts their costs on their trading partners.
Within that reason, its understandable that Total and CNOOC wants to have other options and other obligations, also pay their taxes and returns, if they start to drill on the licences previously kept by Tullow. But at this moment, the company think it can get the hook and crook.
Because the victory of the President Handshake isn’t a bargain, but a huge toll for the company. That is why it wish to push the envelope to someone else. This is not natural, but not without a consequence. That they are backing out and giving way. Instead of going into business on these sectors of Lake Albert.
The loss, is also the proposed earnings, the supposed development of the oil sector and the pipeline to Tanzania. As everything stops and shuts its operations. As the CNOOC is sacking employees and who knows what Total does too. Tullow might even do it too, until they find someone who wants to pay their bills. Because, from history they showing that they don’t want too.
The state one, what was theirs, but the companies doesn’t want to pay to play. They want tax-holidays and a free ride to the promised land. That doesn’t happen and therefore, the stalemate and yet another set-back for the oil development there. Peace.
Uganda: Statement on the Status of Tullow Farm Down (29.08.2019)
Tullow Oil terminate agreement with Total and CNOOC over a tax dispute in Uganda
Today, the agreement published between Tullow, Total and CNOOC made a Sale and Purchase Agreement (SPA) on Area 1 and Area 2 in the Lake Albert Basin in the Republic of Uganda. That deal was issued on the 30th August 2016.
Now, nearly three years later. Tullow Oil has now back-tracked and said the deal didn’t go through. Surely the SPA and the Joint Venture Agreement wasn’t settled properly. If not, then the press release of Tullow wouldn’t say this:
“Tullow Oil plc (“Tullow”) announces it has been informed that its farm-down to Total and CNOOC will terminate at the end of today, 29 August 2019, following the expiry of the Sale and Purchase Agreements (SPAs)” (…) “The termination of this transaction is a result of being unable to agree all aspects of the tax treatment of the transaction with the Government of Uganda which was a condition to completing the SPAs. While Tullow’s capital gains tax position had been agreed as per the Group’s disclosure in its 2018 Full Year Results, the Ugandan Revenue Authority and the Joint Venture Partners could not agree on the availability of tax relief for the consideration to be paid by Total and CNOOC as buyers” (…) “Tullow will now initiate a new sales process to reduce its 33.33% Operated stake in the Lake Albert project which has over 1.5 billion barrels of discovered recoverable resources and is expected to produce over 230,000 bopd at peak production” (Tullow Oil plc – ‘Termination of farm-down agreement with Total and CNOOC in Uganda’ 29.08.2019).
This deal fell through because the companies didn’t want to compensate each other for back-taxes or the taxation of the possible profits to the Government of Uganda. Something that was approved upon the Joint Venture Agreement in August 2016 with Total and CNOOC.
This shows how hard it is start-up and the issues by operating in Uganda. Even Tullow Oil plc is trying to figure this one out. It was only in January 2017, when the Total was supposed to buy the biggest part of operated stake of 21,5% from Tullow. Surely, with the announcement in 2018 and now in 2019. This has all backfired and stopped, because URA and the companies couldn’t agree on their fees.
That dispute is the one that was interconnected with the “Presidential Handshake” of 2017. As the 6 billions shillings was doled around to civil servants and high ranking officials, who secure the capital tax gain from Heritage/Tullow Oil, which was awarded in February 2015.
Therefore, Tullow has to now find new buyers for their USD $167m stake in the Lake Albert Basin. This would be the payment of the Capital Gain Taxes (Awarded $157 Million) to the Uganda Revenue Authority. Apparently, Total and CNOOC didn’t want to do that apparently.
So from August 2016 to August 2019, the three companies and URA couldn’t come to an agreement on Capital Tax Gain, which Tullow owe URA after losing their case in February 2015. This shows, that the big victory of the state in this matter. Is actually making it harder to find someone who can afford or see it feasible to drill for oil in Area 1 and Area 2.
This is how it seems and the two other companies didn’t want to pay for what Tullow did before them. Peace.
The Presidential Handshake report doesn’t say much, but it was a clear “error” by Museveni!
I finally got the whole COSASE report of the Presidential Handshake, what has been reported on my blog or page, has been comments of it. This time it would be direct quotes from the report that was put forward in Parliament from the Parliamentary Committee. That the President had an “error” was been weak, the whole ordeal was a bribe and the Committee didn’t have the courage to say so. Even as the position of every one was spelled out in the Report. Every single person paid out bribe was spelled out and the whole part of the allocation was broth to the daylight. Not that the insights was saying much new. But it still, shows how the President is controlling the Parliament and the use of funds. Since he was shocked of certain acts and that he was making it bonafide, but it wasn’t so. This story has been written back- and fourth.
Before more comments, let’s look at quotes from the report!
“The Committee was informed by the management team of URA led by the Commissioner General that before the final arbitration ruling, the Uganda Government team briefed Cabinet on the 19th of November 2014 on the progress of the HOGL arbitration and H.E. the President promised to reward the team if they won the case” (…) “The Final Award on the merits of the arbitration was delivered on the 24th February, 2015 wherein the full panel of three Arbiters agreed in favour of Uganda Government and dismissed the entire claim of HOGL and awarded USD 4,083,840 in cost. The then Attorney General Hon. Fred Ruhindi on the 13th April 2015 (App. B1) wrote to H.E. the President reminding him of his promise to reward the team and requested him to consider a reward for noble team. He also attached a list of 24 proposed beneficiary” (…) “The Committee was informed that the Attorney General further led the Government team to meet H.E. the President at his country home in Rwakitura on the 17th May 2015 where the victory in the Heritage arbitration case was among other things discussed. That the H.E. The President thanked the team and directed the Commissioner General of URA to propose an appropriate reward for the team. H.E. The President also guided that the other Public Officers who had tremendously Contributed to the success of the case but had not been included on the first list generated by the Attorney General be included too” (COSASE, P: 8-9. 2017).
“As a follow up to the H.E. the President’s letter of 16th November, 2015, the Commissioner General of URA wrote to the Permanent Secretary/Secretary to Treasury (PS/TS) in a letter dated 11th December, 2015 (App. B6) requesting him to formally designate her as accounting Officer through whom the reward would be paid and to formally requisition for the UGX 6,000,000,000 (Uganda Shillings Six Billions Only)” (…) “The Commissioner General, as advised and in a letter dated 5th May 2016 (App. B8) sought authority from the Hon. Ministry of Finance, Planning and Economic Development to reallocate UGX. 6 Billion (Uganda Shillings Six Billion Only) from URA Tax Refund Account to URA Expenditure Account so that the 42 Public Officers could be paid and suggested that a supplementary to URA for that amount to be considered and handled by the Hon. Minister of Finance, Planning and Economic Development. The Hon. Minister of Finance, Planning and Economic Development did not grant this authority. However, by letter dated 19th October, 2016 (App. B10) he requested the Auditor General to issue an audit warrant for UGX 6 Billion” (COSASE, P: 10-11, 2017).
“The Committee reviewed the budget for Financial Year 2016/2017, which was approved by the Board and subsequently appropriated by Parliament for URA activities and the UGX 6 Billion “handshake” was not budget for. The Committee further received evidence from the Board of URA to the effect that such money had not been provided for and they were hearing of that expenditure for the first time” (COSASE, P: 29, 2017).
“The Committee observers therefore:
1. That it is true that USD 157 Million, which would have accrued as part of the Capital Gain Tax, was waived.
2. The contention arose out of a clause in the PSA which provided for waiver of tax signed by the then minister Hon. Syda Bbumba.
3. That the dispute would not have arisen if the PSA did not have a waiver of tax.
4. The then Ministry of Energy, Hon. Syda Bbumba, did not have authority to waive tax in that transaction and her auction of not having read the agreement before signing was irregular.
5. All the then Ministry of Energy who signed PSAs with similar clause acted ultra vires the law” (COSASE, P: 44, 2017).
“This “handshake” expenditure was not budgeted URA activity and therefore, a diversion of the UGX 6 Billion without lawful authority was contrary to the PFMA” (…) “H.E. The President’s approval of this “handshake” was bonafide. However, it was an error of judgement” (…) “That all funds paid out of URA account to the beneficiaries of the “handshake” should be refunded” (…) “The Executive should come up with a Bill within 90 days to regulate and streamline the Presidential Donations Budget” (COSASE, P: 45, 2017).
The Presidential Handshake has clearly showed the proof of how a visit at the Presidents farm in 2015 can lead-up to. President Museveni offered honorarium and bonuses to all the staff in the Tullow/Heritage Oil Tax Case, so all their work would benefit them. Without having it in budgets, without any votes or any sort of procedural activity, therefore it was an illegal allocation. That the Uganda Revenue Authority did allocations without proper actions, that the Ministry of Finance, Planning and Economic Development and Ministry of Energy all actors did wrong in this scenario. They misused the tax to their own benefit and the President allowed it to happen. Therefore, it is weird that the only thing the Committee concludes with a new legislation to stop it. Secondly, also refunds of the benefits for the civil servants and the NRM cronies. That the act was done without lawful authority, but that was well-known and not rocket science. IT was clear misuse of government funds to give someone an extra payday, which wasn’t allocated or had the proper legal stamp. Therefore, a clear bribe… not solicited funds which the state should pay their civil servants. Peace.
The Committee on Commissions, Statutory Authorities and the State Enterprises (Cosase) – ‘Report of the Committee on Commissions, Statutory Authorities and the State Enterprises (COSASE) on the Investigations into the Circumstances under which the reward of UGX 6 BN was given to 42 Public Officers who participated in the Heritage Oil and Gas Arbitration Case’ (May, 2017)
Sekatawa claims the Presidential Handshake is Patriotic, I beg to differ!
The Ali Sekatawa, the Uganda Revenue Authority lawyer has this recent week addressed in his own way, the report from the Committee on Commissions, Statutory Authorities and State Enterprises (COSASE), that delivered the report on the Presidential Handshake to Parliament. This report spelled out the initial idea and talk of refunding the handshake back to URA, as the monies was commissioned correctly. Certainly, the Lawyer want to defend his responsibility and be part of illegal activity. Therefore, his defense is ridiculous, just take a look!
“According to Sekatawa, the committee selectively evaluated evidence leading to wrong conclusions on certain aspects and was populist in certain aspects. He says he is angry with the fact that the MPs and sections of the public are challenging the patriotism he and his colleagues exhibited while arguing the tax dispute against two British firms then involved in Uganda’s oil sector. Sekatawa is also challenging the fact that Parliament went ahead to adopt a report, which was not signed by all the members of the committee that investigated the matter. He is also of the view that Parliament has no authority to call on him and others that benefited from the bonanza to refund it because the money wasn’t given by Parliament” (URN, 2017).
I wonder if doing clerical work as your supposed to do in a government organization, that is collecting taxes is so patriotic. In the mind of Lawyer Sekatawa it apparently is. There are certain aspects that I have to dive in to, as he explanation is weak tea. I cannot let this one fly for the sake of foolishness. If there are someone who defends corruption, it should be the corrupt leader President Museveni. Not one of his cronies inside the URA. URA are working and following provisions delivered by Parliament and the President. They follow the guidelines and regulations of taxation that has been given. The same happen as the paperwork on the Presidential Handshake has leaked. It isn’t a secret, it is in the open.
The lawyer is clearly blind by brown-envelopes filled with money, instead of working as a civil servant. The civil servants are working for the state and are paid for their duty. The duty of working inside their offices and get their designated salaries. They are not supposed be bribed or misuse state funds for their own personal gains. That is what happen in the case of the Tullow-Heritage Oil Tax Case that gave monies to all that we’re a part of the court case. The civil servants that served the state and tried to get the ill-gained funds from the companies that was supposed to be part of the consolidation fund. A fund that are used to pay for government and state projects.
Instead, the government and the URA employees we’re served with a Presidential Handshake, that the state didn’t get it designated funds, but the civil servants who worked the case. Which is a bribe and direct looting of state coffers. It isn’t anything other than thieving, a petty theft and it was sanctioned by all the cronies. Not being patriotic trying to build a state, this was state officials and inner-circle of the state giving themselves a massive pay-raise without any procedure or protocol, feeding of a criminal case and foreign investors. Not trying to build a possible foundation or security of the funds, but dole it out to the willing and the ones who knew about the transactions.
The ones that photo-copied the paperwork, the ones that took the phone-calls, the ones that wrote on the settlement, the ones that argued the case in the United Kingdom and the ones that are loved cronies of Museveni. That isn’t patriotic, that is misusing and breaking down a system for personal gains. You don’t love your nation when you sponge of it, when you eat taxes, instead of using it on schools, health-care and other necessities.
Sekatawa doesn’t love Uganda, he loves the Presidential Handshake, he loves the MONEY. MONEY is what makes his world go-around and pays for his SUV and his mansion. He doesn’t love Uganda, he isn’t loving the Republic or the history. He doesn’t respect it’s constitution and it’s laws, when he defends bribes and corrupt behavior. That he benefited from. That is lie… a damn lie. A big fat LIE.
A Presidential Handshake isn’t patriotic, neither are bribes, they are petty theft of state reserves and state funds, that was supposed to go elsewhere, than into the pockets of ill-informed men and woman who liked to corrupted by the state itself. He needs to figure this out and get his mind out the fat corrupted brown-envelopes, maybe even try to figure out the real value of patriotism. Because this is not! Peace.
URN – ‘URA lawyer to sue Parliament over Shs 6bn oil cash bonanza’ (24.06.2017) link: http://observer.ug/news/headlines/53523-ura-lawyer-to-sue-parliament-over-shs-6bn-oil-cash-bonanza.html