Strengthening the Management of the Oil and Gas Sector in Uganda (An expansion of “Strengthening the State Administration of the Upstream Petroleum Sector in Uganda” Programme) A Development programme in co-operation with Norway Ministry of Energy and Mineral Development March 2009 Table of Contents Table of Contents ..................................................................................................................ii Abbreviations ....................................................................................................................... iii 1.0 Background...................................................................................................................... 1 2.0 Purpose ............................................................................................................................. 4 2.1 Common Outputs ......................................................................................................... 4 2.2 Resource Pillar .............................................................................................................. 5 2.3 Revenue Management Pillar ...................................................................................... 6 2.4 Environment Pillar ........................................................................................................ 8 2.5 Programme Management ......................................................................................... 10 2.5.1 The Secretariat .................................................................................................... 10 3.0 Planning, design and sustainability elements ..................................................... 11 3.1 Planning process ........................................................................................................ 12 3.2 Programme design (See Annex1 &2) ..................................................................... 14 3.3 Sustainability and risks (See Annex I, Risk matrix) ............................................... 16 4.0 Coordination (See Annex2, Programme Organogram and mandates for key positions and functions) ................................................................................................... 19 4.1 Roles and responsibilities: Partner and donor ....................................................... 19 4.2 Alignment with Partner’s systems and procedures ............................................... 20 4.3 Coordination on the Norwegian side ....................................................................... 20 4.4 Donor coordination ..................................................................................................... 21 5.0 Implementation of the program ................................................................................ 23 5.1 Scheduling ................................................................................................................... 23 5.2 Priorities ....................................................................................................................... 23 5.3 Common tasks ............................................................................................................ 23 5.4 Budget (see Annex8, Overall Budget)..................................................................... 23 6.0 Reporting ........................................................................................................................ 23 6.1 M&E system ................................................................................................................ 23 6.2 The Secretariat (see Annex 7 secretariat Organogram) ...................................... 24 6.2 Annual meeting ........................................................................................................... 24 ANNEX1: LFA/ Matrix for the program document ........................................................... 25 ANNEX2: Program Management and Governance Structure ....................................... 43 ANNEX3: 2009 Work Plan and Budget for the Resource Management Pillar ............ 44 ANNEX4: 2009 Work Plan and Overall Budget for the Revenue Management Pillar .................................................................................................................................................. 48 ANNEX6: Budget for the Programme Coordination Committee ................................... 54 ANNEX 7: Programme Coordination Committee Structure .......................................... 56 ANNEX8: Overall budget for the Programme (Detailed budget is attached separately) .............................................................................................................................. 57 ii Abbreviations EA: Exploration Area FDP: Field Development Plan GIS: Geographical Information Systems GoU Government of Uganda HSE: Health, Safety and Environment MAAIF: Ministry of Agriculture Animal Industry and Fisheries MEMD: Ministry of Energy and Mineral Development MEP: Macro Economic Policy MFPED: Ministry of Finance Planning and Economic Development MWE: Ministry of Water and Environment NATOIL: National Oil Company NEMA: National Environment Management Authority NIMES National Integrated Monitoring and Evaluation Strategy PAU: Petroleum Authority of Uganda PEPD: Petroleum Exploration and Production Department PSA: Production Sharing Agreement PUP: Petroleum Utilization Plan UWA: Uganda Wildlife Authority iii 1.0 Background Uganda is a land locked country located in the East African region with a population of 28 million which grows at an annual rate of 3.4%. It is bordered by five countries, with Kenya to the east, Tanzania to the south, Rwanda to the south west, Democratic Republic of Congo to the west and Sudan to the north. Over the last two decades, Uganda’s economic performance has been strong with economic growth averaging 8.1% per annum and inflation controlled to single digit levels. During the same period, the number of people living below the poverty line substantially reduced from 56% in 1997 to 31% in 2005. This progress has been backed by a good track record on economic reforms and macroeconomic management which has also generated substantial external support in the form of aid, debt relief and technical assistance. While the country maintains adequate foreign reserves it continues to run a trade deficit with its major trading partners and petroleum products constitute over 15% of the total import bill. About 90% of Uganda’s petroleum imports are routed through Kenya using the port of Mombasa with the balance of 10% coming through Tanzania using the port of Dar es Salaam. Consumption of petroleum in Uganda currently stands at 935,659 m3 per annum. The average annual growth of petroleum consumption is estimated at 5%. Between 2005 and 2008, there was a steep growth in consumption of about 20% as a result of thermal electricity generation using diesel. The petroleum import bill is estimated at the value of US$ 320 million per annum, which constitutes about 8% of total national imports and represents slightly above 20% of total export earnings. Petroleum product prices in Uganda were deregulated in 1994 and since then pump prices have risen in nominal terms by nearly 67%. Like other countries in the region, Uganda incurs a high expenditure on petroleum products contributed by the long supply chain a distance of about 1200km off the coast into the hinterland, a long supply route characterized by inadequate and inefficient infrastructure, facing the land locked countries. Secondly, while increasing tax revenue collection is a critical 1 component of the Poverty Reduction Action Plan. The tax /GDP ratio in Uganda remains lower than in Sub Saharan Africa (SSA) average making the country considerably dependant on foreign aid. The effort to promote Uganda’s oil and gas potential has led to intensified exploration work being undertaken in the Albertine Graben. This culminated in the confirmation of the existence of commercial reserves of oil in the country during 2006. Nineteen wells drilled in Exploration Areas 1, 2, and 3A since the end of 2005 have all found oil and gas. This represents 100% technical success and appraisal drilling and well testing done so far shows about 700 million barrels of recoverable reserves and about 2 billion barrels of oil in place in the three exploration areas. It is now apparent that petroleum will be produced in the country, with a possible start up in 2010. This has occasioned the formulation of a National Oil and Gas Policy to supplement the country’s Energy Policy in aspects of petroleum exploration, development and production. The policy states that “Oil and gas are non-renewable extractive resources which are therefore finite. Their exploitation and utilisation shall therefore be undertaken in a manner that creates durable and sustainable social and economic capacity for the country. These resources have the potential to provide immense benefits to the country through creation of employment, generation of revenues, development of infrastructure, and subsequently fast-tracking social transformation of the country. Oil and gas resources and the revenues accruing from them can also pose challenges of windfall revenue phenomenon and the resource curse if not well managed. The oil and gas policy is designed to maximize the benefits and meet the challenges by providing for appropriate resource management systems and procedures in line with the National Development Plan (NDP). It seeks to achieve this by providing for; the setting up of relevant institutions and capacity building in the country; attraction of companies to invest in the development of the country’s petroleum sector; adequate and commensurate return on the 2 companies’ investments; ensuring the country’s receipt of appropriate share and benefits from any oil and gas resources and activities; and ensuring efficient and effective utilization of these resources together with the revenues accruing there from”. The development of the oil and gas sector presents potential environmental challenges. The main area with potential for commercial production of oil and gas coincides with wildlife protected areas, which mean that the planning and implementation of the programme is even more complex than usual. Unregulated actions by the oil and gas industry can also destroy habitats, damage biodiversity and important ecosystem services such as fresh water and bio energy. Emissions from the industry must be reduced in order to reduce the rate of global warming and climate change. Best practices are however emerging for identifying potential issues early and avoiding or mitigating impacts with advance planning. The current Norwegian-funded project for “Strengthening the State Administration of the Upstream Petroleum Sector” in Uganda comes to a close in June 2009 after three years of successful implementation. On 27 March 2008, The Norwegian Embassy received a request from the Ministry of Finance, Planning and Economic Development for continuation of support to the upstream petroleum sub-sector. This followed discussions between the Embassy, Oil for Development (OfD) and the Government of Uganda (GoU) concerning Norwegian support beyond 2008, when the current upstream petroleum project is scheduled to be completed. In order to address the environmental and revenue aspects in addition to resource, the new programme will have three pillars: Resource management, Revenue management and Environmental management. The program will have as its main reference document the National Oil and Gas Policy for Uganda, of January 2008. The policy goal of the Oil and Gas Policy is “to use the country’s 3 oil and gas resources to contribute to early achievement of poverty eradication and create lasting value to society”. This program reflects this goal. 2.0 Purpose Development of the oil and gas sector is a key priority of the GoU, as reflected in the National Oil and Gas Policy which was approved by Cabinet in January 2008. This policy states that: “There is a need to put in place the institutional framework required to manage and regulate this new sector of development. This framework will necessitate the introduction of new legislation and institutions, together with the enhancement of existing ones. Significant training and other capacity building efforts will have to be undertaken in order to enable the established institutions to effectively carry out their different mandates.” The overall objective (Goal) of the programme is: “Oil and gas resources used in an economical, social and environmentally sustainable manner to meet the needs of present and future generations.” The Purpose of the programme is: “Institutional arrangements and capacities in place ensuring well-coordinated and results oriented Resource management, Revenue management, Environmental management and HSE management in the oil and gas sector.” 2.1 Common Outputs The programme will, beyond the specific pillar activities, bring the three pillars together in certain common activities important for the successful implementation and planned achievement of the proposed objectives. These Outputs have been commonly decided upon and encompasses activities where two or all actors need to be involved. The Outputs include the training and implementation of a Strategic Environmental Assessment (SEA) exercise, the development of a common communication strategy towards other societal actors interested in the 4 progress of the programme and the efficient and effective governance and management of the programme, including the development of an internal monitoring and evaluation (management) system. 2.2 Resource Pillar Petroleum exploration and production activities in the country are guided by the Petroleum (Exploration and Production) Act, Chapter 150 of the Laws of Uganda 2000. Downstream petroleum activities (i.e. distribution, marketing and sale of petroleum products), are guided by the Petroleum Supply Act of 2003. The former gives the responsibility of directing the upstream petroleum sub-sector to the Minister responsible for the sector. The Minister receives applications for any petroleum rights, and is responsible for issuing, renewing and revoking petroleum exploration and production licences. The Act also provides for a Commissioner of Petroleum Exploration and Production Department (PEPD), who, together with the technical staff under him, carries out petroleum exploration promotion, initiate petroleum legislation and monitor oil companies’ compliance with existing laws, regulations and agreements. The Petroleum Act has served adequately the promotion, licensing and exploration for petroleum in the country, but will need to be reviewed after the Oil and Gas Policy is put in place, so as to operationalise the policy, make the Act more suitable to handle the development and production of oil and gas and appropriately capture the recent trends in the industry. The new Act will, among other things, include provisions for the development and production of natural gas; bring on board international best practices in areas like Improved Oil Recovery (IOR) together with Health, Safety and Environment (HSE) standards; provide a harmonious relationship with the proposed law on management of petroleum revenues; provide for National participation as an effort to enhance value creation by oil and gas activities; and provide for a more competitive licensing process. The new Act will also take cognisance of the Petroleum 5 Supply Act (2003), and adequately relate to the emerging issues of the midstream petroleum sub-sector (i.e. oil and gas transportation, processing and refining). The Petroleum (Exploration and Production) (Conduct of Exploration Operations) Regulations, which were made in 1993, are the set of regulations currently guiding the conduct of operations in the upstream petroleum sub-sector. There is need to revise these regulations in order to take into consideration the global improvements in technology over the recent past together with the increasing concern for environmental conservation and sustainable development. This will include implementation of international best practices like use of green dragon burners for flaring during flow testing of oil and gas wells instead of other types of burners which produce a lot of smoke and fumes and are therefore less friendly to the environment. The improved regulations will also better address the operations and activities undertaken during the development and production of oil and gas. The activities to be regulated under the upstream petroleum sub-sector shall include exploration, development and the production of oil and gas. The new regulations will be in harmony with those for midstream (refining and transportation) and downstream (petroleum products distribution, marketing and sales) petroleum activities. 2.3 Revenue Management Pillar The economy has more than tripled in size in real terms for the last 5 years, with real growth averaging 8.1% per annum. Strong private investment has been the backbone of overall economic growth, while exports of goods and services, excluding re-exports, have increased from US$243m in 1992/93 to over US$1bn in 2005/06. Equally as important, dependence on coffee export earnings has fallen from over 70% of total exports in 1994/95 to just 17.3% in 2005/06. Export 6 diversification has been achieved by re-invigorating other traditional export sectors (cotton, tea and tobacco) and promoting non-traditional goods export sectors (such as fish, flowers and vanilla) and tourism. Industrial growth has averaged 10.0% per annum in real terms, outpacing growth in both services (7.2%) and agriculture (3.6%). As a result, the share of industry in total output has increased from 11.0% of GDP in 1986/87 to 20.6% in 2005/06, while agriculture’s share has fallen from 53.1% to 34.2%. These shifts constitute the process of structural transformation from subsistence-based agriculture towards a mix of commercial agriculture, industry and services. Despite this progress Uganda remains among the least developed countries in the world and clearly has several challenges to overcome. These challenges include decreasing dependence on foreign aid by enhancing domestic revenues, the elimination of absolute poverty and income inequality, addressing infrastructural bottlenecks in the road and energy sectors, improving the quality of education and health care as well as value addition to its primary products. Additionally, the emergence of an oil and gas sector presents a unique opportunity for Uganda’s next phase in the development process, given that oil and gas wealth is expected to generate significant revenues to supplement existing resources. At the same time, if poorly managed or utilized, the oil and gas wealth could easily reverse the gains made in the last two decades especially in the areas of governance, export diversification, macroeconomic stability and structural transformation. The overall goal of the revenue management pillar is to manage oil and gas wealth sustainably by consolidating on gains achieved in governance, overall government revenue administration, government accounting and banking arrangements, and macroeconomic management while effectively contributing to the development agenda. The earning of significant revenues from oil and gas resources will create a new environment for the country. Managing these revenues in a manner that facilitates sustainable development and avoids 7 distortion and destruction of the economy will require well defined and deliberate efforts. These efforts will need to ensure that the state receives the right revenues and that these revenues are used to achieve equitable and value oriented national development for the current generation while also providing for future generations. 2.4 Environment Pillar Environmental management in Uganda is aimed at achieving National Objectives and Directive Principles of State Policy, that promote sustainable development and public awareness of the need to manage land, air, and water resources in a balanced and sustainable manner for the present and future generations as enshrined in The 1995 Constitution of the Republic of Uganda. The high overlap between ecologically sensitive and biodiversity rich areas and the occurrence of exploitable hydrocarbons in the Albertine Graben poses a particular challenge for oil exploration and development in Uganda. The Albertine Graben is the most species rich eco-region for vertebrates in Africa and contains 39% of Africa’s mammal species, 51% of its bird species, 19% of its amphibian species and 14% of its plant and reptile species. On the other hand, the rate of biodiversity loss in Uganda is high and was calculated in 2004 to be 10-11% per decade or about 0.8% annually. The principle threats to biodiversity in Uganda persist including habitat loss, modification and alteration along with unsustainable harvesting, pollution as well as introduction of alien species. The surroundings are key ecotourism sites and have even higher tourism potential. Oil and Gas exploitation and production activities have the potential for a variety of negative impacts on the environment. They induce, economic, social; and cultural changes through alteration in land use patterns, local population levels, social economic, and cultural systems. They also result into increases aqueous and gaseous waste streams which may affect plant and animal 8 communities due to changes in their environment through variations in water, air and soil/ sediment quality and through disturbance by noise, extraneous light and changes in vegetation cover. These negative impacts need to be mitigated and addressed to ensure ecosystem integrity. Oil exploration and development environment issues are largely regulated through the National Environment Act and the other related regulations that prohibit degradation of the natural environment (Water, Air and Land), and promotes the protection of biological diversity. Specific petroleum laws, guidelines and policies that enforce/ provide for detailed requirements for environment pollution control are however inadequate and the existing legal framework (policies, laws and regulations) in other sectors need to be updated as well. . In many cases, human capacity and technical infrastructure in government agencies is inadequate to handle upstream and downstream oil and gas impacts on the environment. In addition there is insufficient knowledge about the environment and possible environmental impacts of oil and gas exploration in the potential oil and gas areas. This calls for integrating environmental safeguards in all stages of exploration, development and production, including Strategic Environmental Assessment (SEA), oil spill contingency planning and stakeholder sensitization. In the context of the programme, the objective of the environment pillar is to prevent and mitigate the deterioration of the environment due to hydrocarbon exploration and exploitation by strengthening the capacity of the environmental authorities to regulate the oil and gas industry in accordance with Uganda’s environmental policies. This includes the development of an appropriate legal framework, guidelines and procedures, risk assessments, compliance monitoring, oil spill contingency planning, and to carry out a Strategic Environmental Impact Assessment. Preparation of SEA is critical in providing 9 guidance to the oil and gas sector and the basis for all other interventions. Skills development in SEA, EIA, waste management and ecosystem management will go a long way in strengthening the capacity for addressing environmental aspects of upstream and down stream oil activities. 2.5 Programme Management 2.5.1 The Secretariat The Programme Coordination Committee (PCC) shall ensure that the Programme is carried out in an efficient manner according to the approved work plans and budgets and that the results achieved are properly reported to the institutions and the sponsors involved. Under Programme management, the program secretariat will support the Pillar managers in technical and administrative matters. The secretariat will provide administrative functions such as accounting and day-to-day oversight of the activities proposed under the program. The secretariat shall also coordinate procurement of goods and services for the programme, prepare reports to the Steering Committee, handle preparations for the annual meetings and provide support to the Pillar Managers. 2.5.2 Budget (see Annex6) The structure of the PCC secretariat will be manned by senior staff and two support staff as shown in annex7. The secretariat will be managed by an administrator who will participate in recruiting secretariat staff, evaluate their performance and handle the relationship between the Pillars and the PCC. The Administrator will be responsible for the preparation of reports of the PCC including those to the steering committee and those for the Annual meeting. The Secretariat will have an accountant who will be responsible for managing the accounts of the programme; this will include planning for the audits of the programme. The accountant will receive requisition for funds from Pillars, 10 process the requisition through the accounting office of the coordinating Ministry and make the payments available to the Pillars as required. The accountant will manage the programme account including preparation of requisitions for replenishment of funds from the donor when due. The accountant will be supported by 3 account assistants to handle the more specific aspects of each Pillar. The secretariat will also have a procurement assistant and secretary to manage the procurement aspects of the programme and the secretarial /clerical work for the secretariat respectively. 2.5.3 Communication Strategy The recent developments in oil and gas sector in Uganda have led to heightened anxiety and expectations in the country’s population. Most of the anxiety arises out of lack of absence of regular and up to date information regarding developments in this sector. The recently approved National Oil and Gas Policy for the country recommends putting in place a plan and implementation of a communication strategy for the sector. Implementation of this strategy is expected to address among others, the anxiety and expectations referred to above. The programme will support the putting in place and implementation of a communication strategy for the oil and gas sector. The strategy is considered a cross cutting issue i.e. relevant for the three pillars of the programme. Its implementation will therefore, be undertaken by the Project Coordination Committee (PCC). The programme secretariat will therefore include a communications officer who will facilitate the putting in place of the strategy and its implementation. 3.0 Planning, design and sustainability elements 11 3.1 Planning process On 27 March 2008, The Norwegian Embassy received a request from the Ministry of Finance, Planning and Economic Development for continuation of support to the upstream petroleum sub-sector. The Norwegian Government through the Embassy committed herself to continue, and expand, its support to the Government of Uganda in this vital area. Following the request for support and acceptance by the Norwegian Government, four consultative workshops were held at the Norwegian Embassy, in May, June, August and November 2008, respectively. Key Ugandan government institutions attended as well as representatives from Oil for Development and consultants from Scanteam. Ugandan institutions which participated in the consultation process since May 2008 include: Ministry of Finance, Planning and Economic Development, Petroleum Exploration and Development (Ministry of Energy and Mineral Development), Uganda Wildlife Authority, National Forestry Authority, and Department of Fisheries Resources (MAAIF), Directorate of Water Resources management (MWE), Directorate of Environment Affairs (MWE) and National Environment Management Authority. As indicated earlier, consultations started in May 2008 with individual organization meetings and later joint meetings in May, June, August and November. The Norwegian embassy was responsible for all the coordination until the lead Ministry (Ministry of Energy and Mineral Development) was agreed upon by the three Ministries. After the June workshop, NEMA called a meeting of the Environment pillar members to come up with the sector needs based on an indicative budget of 2 million dollars. The meeting was attended by UWA, Department Fisheries 12 Resources and NEMA. Although Directorate of Water Resources Management did not attend this meeting, they submitted to NEMA a comprehensive proposal for consideration. The identified sector needs were submitted to the Norwegian team. Based on the input from the Ugandan teams, the Norwegian team prepared the first logical framework matrix which was discussed at the August workshop. The August workshop mainly focused on agreeing on outputs under each pillar including drafting. During this workshop, joint outputs for the all the pillars and the draft governance and management structure was presented. Following input from the August workshop, the Ugandan teams provided more input into the matrix especially on indicators and assumptions. The result of this effort was used to prepare for the November workshop. The major focus of the November workshop was to agree on the governance and management structure, identify activities under each output and start on the budget build up process. At the beginning of February 2009, meetings were held between Pillar managers and the Norwegian team to discuss programme operations. The programme responds to particular capacity and technology gaps identified by the different institutions and organisations of the GoU participating in the programme. The programme intends to influence positively the ability of the GoU to assess, regulate, plan, monitor, support and enforce the oil and gas sector and its actors, to collect and manage revenues from the sector and to monitor, advise and enforce when it comes to the environmental impacts from the oil and gas sector. 13 Although a number of activities may be continued in the new programme, the previous programme has done a lot regarding building the necessary capacity, undertaking technical studies and kick-starting development of policy, legal and regulatory framework. The proposed programme is therefore building on the Norwegian supported “Strengthening of the State Administration of the upstream Petroleum sector” project. The programme may be influenced by the progress and success of the exploration and development efforts. The current programme has been largely driven by development within the upstream petroleum sector. 3.2 Programme design (See Annex1 &2) The objectives of the programme are developed by the actors directly involved in the programme and reflect the intentions in the National Oil and Gas policy of January 2008. The Goal of the programme is: “Oil and gas resources managed in a (economical, social and environmentally) sustainable manner [for prosperity] to meet the needs of present and future generations.” The Purpose of the programme is: “Institutional arrangements and capacities in place ensuring well-coordinated and results oriented Resource management, Revenue management, Environmental management and HSE management in the oil and gas sector.” The Outputs and Activities of the programme are divided into four categories: i) Common Outputs, deliverables the programme and its actors will produce together, ii) Resource Pillar Outputs, deliverables the Resource Pillar (headed by PEPD of MEMD) will produce, iii) Revenue Management Pillar Outputs, deliverables the Revenue Management Pillar (headed by MEP of Ministry of Finance, Planning and Economic development) will produce and iv) 14 Environmental Pillar Outputs, deliverables the Environmental Pillar (headed by NEMA of MWE) will produce. All the Outputs have corresponding activities, as shown in the detailed planning of activities for 2009 (Annex1). The Inputs to the programme will be funds from the Norwegian programme, as well as staff, technology and capacities from the participating Ugandan institutions and organisations. The Goal, Purpose and all Outputs have corresponding sets of Indicators developed by the actors involved. The Indicators will form an integral part of the internal monitoring and evaluation (M&E) system that will provide the management and governance of the programme with timely input for efficient and effective implementation as well as a solid basis for results based reporting. Recipient’s monitoring system for the programme There is no complete baseline data available for the programme at the outset, but a number of data sets exists that will form the foundation for such a baseline; since the programme mainly focuses on the institutional and organisation development of the participating actors the functional assessments conducted by PETRAD throughout 2008 and completed in 2009 will be used as baseline data for measuring increased institutional and organisational improvement. Means of Verification Pillar meetings will be held every month to review progress of implementation. The Pillar Managers will prepare, coordinate and follow up activities under their respective pillars and coordinate with their Norwegian counter parts (Resource Managers) on the progress of the project and present them at the meetings The PCC meetings will be held on a quarterly basis to review the implementation of the programme. The PCC will support the Resource Managers and Pillar Managers in technical and administrative matters. The committee should 15 comprise of Pillar Managers, who are appointed by the respective ministries and a chairperson appointed by the coordinating ministry. The committee shall spearhead preparations for the annual meeting. The committee will be supported by a secretariat which will handle both national procurement and that of external assistance together with coordination of reporting. An annual meeting will be held to review the progress of the programme and make budget plans for the following year. Annual meetings shall be conducted between Norway as co-operating partner and representatives from the Government of Uganda. The annual meeting shall be held during the first quarter of the year and will agree on the annual work programme and budget. Preparation for the annual meeting shall be the responsibility of MEMD as executing agency and the PCC, shall prepare the report to be discussed at the Annual meeting. There will be a midterm review of the programme. This will be undertaken by someone outside the programme and will review progress of the programme. Financial audits will be undertaken annually on the Programme. 3.3 Sustainability and risks (See Annex I, Risk matrix) Policy and framework conditions The policy and framework conditions for the oil and gas sector in Uganda are favourable; there is a lot of attention surrounding the explorative efforts and expectations are high. At the same time Uganda is dealing with corruption and the natural resources revenues traditionally are avenues for rent-seeking. The programme in and of itself are responding to some of these challenges by updating laws and regulations and closing gaps in the policy and regulatory framework. 16 Dutch Disease: The economy is likely to promote the activities in the petroleum sector and boost the respective economic linkages. This may disorient the economy into a single commodity economy. Efforts to promote and maintain interventions in other sectors of the economy and other domestic revenue sources must be addressed. Socio-cultural and gender aspects The cross-cutting issues in general, and specifically socio-cultural, HIV-aids concerns and gender, are very relevant risks interfacing the programme. The constitution of Uganda guarantees equality between women and men before and under the law in the spheres of political social and cultural life. The Uganda Gender Policy requires that there should be achievement of gender equality and women’s empowerment as an integral part of Uganda’s socio-economic development. The programme therefore takes into consideration the fact that gender equality and gender equity are an integral part of national development and reinforce the overall development objectives in the country. With relative reference to the rights as per acceptable national regulations, and other factors, gender aspects play a vital role in the creation of a harmonious society. The world of work has specifically born the brunt of HIV/AIDS since the most affected groups coincide with the economically productive and mobile ages of 15 to 49 years. HIV/AIDS has affected and still continues to affect both the formal and informal sectors in various aspects including productivity thus still pausing a big challenge. The programme takes into account the intervention measures and practices as spelt out in the National Policy on HIV/AIDS in the World of Work. This is in principle to provide a guiding tool for the benefit of employers and workers and the general public. Economic and financial aspects Export diversity: Oil and gas resources have the potential to generate significant windfalls in terms of export earnings, which if not well managed, would 17 lead to significant appreciation of the exchange rate and undermine the competitiveness of other exports and lead to over reliance on the oil and gas sector. Inflation: The oil and gas sector has the potential to generate significant revenue for the national budget. To the extent that government outlays are made on the non tradable sector, these expenditures need to be made in line with the absorptive capacity of the economy to avoid inflationary pressures. Tax evasion: This is a major challenge to revenue collection. Uganda’s fiscal system is a hybrid type consisting of four main features, namely Royalty, Production (Profit Oil) Sharing, State Participation and Corporate Income Tax. For the state to adequately benefit from produced oil and gas, each aspect of the fiscal system requires stringent administration. Fluctuations in the price of oil: Need for conservative estimates on price of oil in national budget assumptions. It is important to have a feature in the PSA to deal with extremely high oil prices, to avoid the reduction of governments take as oil prices increase (i.e., a regressive fiscal system). The PSA’s should allow revisions to be made to have a price-based royalty, or a royalty based on a combination of production volumes and price. Institutional and organisational aspects The programme in and of itself are responding to some of these challenges by updating laws and regulations and closing gaps in the policy and regulatory framework. Climate Change Exploitation of oil- and gas resources increases emissions of green house gases. The Intergovernmental Panel on Climate Change (IPCC) has documented that the global emissions must be reduced by 50-80 % by 2050. The largest cut in emissions must take place in industrialized countries, but Uganda also needs to 18 consider a development path that limits the emissions from fossil energy sources. In order to meet the energy need of Uganda, there is thus a need to encourage development of renewable energy sources in parallel with oil and gas development. Uganda will also need to consider adaptation measures to climate change Environmental aspects The programme in and of itself are responding to some of these challenges by updating laws and regulations and closing gaps in the policy and regulatory framework, and institutional capacity building. Technical/technological aspects There are no significant technical risks to the program; deciding on the appropriate “technology” in terms of training and capacity building in general is a design issue and not a risk as such. It will be important to monitor the actual effect of technology chosen, both in terms of training and capacity building and in terms of more “direct” technologies chosen (like IT equipment/ GIS etc). Cooperation between participating ministries The good cooperation between participating ministries, agencies and the society at large will be important if the programme is to succeed. 4.0 Coordination (See Annex2, Programme Organogram and mandates for key positions and functions) 4.1 Roles and responsibilities: Partner and donor The programme will consist of three pillars: Resource Management, Revenue Management and Environmental Management. Each pillar will be headed by a Ugandan Pillar Manager (PM), who will be assisted by a Norwegian Resource Manager (RM) from one of the cooperating institutions. The Norwegian lead institutions will be the Norwegian Petroleum Directorate, the Ministry of Finance 19 and the Ministry for the Environment. In addition, several directorates will be involved. Norad, as OfD Secretariat, will have a coordination and technical assistance role. The Pillar Managers will report to a Programme Coordination Committee (PCC), which again provides input to the Annual Meeting (AM) between Norway and Uganda. The PCC will have a Secretariat to support it. The Secretariat will be headed by a Programme Coordinator (PC) on the Ugandan side to ensure sufficient coordination of the three projects, and a Programme Assistant (PA) to ensure that input from the various projects is sewn together before it is presented to the PSC (as will be the case with e.g. the programme document, programme reports etc.). The chosen model should ensure maximum ownership by the GoU, and should as much as possible be managed by existing (strengthened) GoU institutions. There will be one Ugandan lead institution for each pillar. The lead institution, through the PM, will be responsible for coordinating activities with other relevant institutions in each pillar. The PCC, the Secretariat and the PMs must ensure coordination on cross-cutting issues. 4.2 Alignment with Partner’s systems and procedures All the programme activities are based within the institutions participating in the programme. 4.3 Coordination on the Norwegian side OfD will set up a Working Group in Norway to ensure proper coordination between the various Norwegian institutions which will provide support under the OfD programme. In addition, OfD will recruit a Coordinator from Norway who will be responsible for overseeing and coordinating the total Norwegian technical contribution. The role and responsibilities of the Working Group should be 20 clarified, in light of the Embassy’s overall responsibility for managing the Programme. 4.4 Donor coordination OfD has an agreement to contribute to the Petroleum Governance Initiative (PGI) with the World Bank. The Bank may become involved in the petroleum sector in Uganda outside of the programme (see below). If and when the bank gets involved, its involvement will be in corporation with the programme. Resource management: Norway has developed frameworks of cooperation in petroleum matters with other North Sea countries. Uganda signed an agreement of cooperation with DRC for cooperation in petroleum exploration and exploitation of common fields in 1990. Consideration has been made on the need to update this Agreement as per the review by a consultant supported by the Norwegian Government during 2006/07. Support will be required to develop a framework under which the various oil and gas activities can be implemented in the spirit of the above Agreement. Revenue management: The MFPED has informed Norway that it intends to use Norway and the IMF for support related to petroleum revenue management. This will require some coordination efforts so as to avoid duplication of activities. The African Development Bank has asked Norway for support for previous and planned seminars and conferences on the topic. As mentioned, OfD gives financial support to several non-governmental organisations active in Uganda, including Revenue Watch, Publish What You Pay and the Norwegian Confederation of Trade Unions (LO). The IMF is assisting the Uganda Revenue Authority through short term technical assistance to analyze training needs and deliver a series of training courses 21 during 2009 with output of guidance manuals for future use. The Technical assistance elements are three training courses over a period of 60 days, covering oil and gas accounting, auditing of upstream activities and trading operations of the oil and gas industry. Environmental management: Different government partners have expressed interest and commitment to provide both technical and financial resources related to environmental aspects of oil and gas activities. The Norwegian government provided financial support during preparation of the first phase of the environmental sensitivity atlas (ESA) for the Albertine Graben. Prior to this, The Belgian Technical Cooperation (BTC) financed a feasibility study for the development of the Environmental Sensitivity Atlas of Albertine Graben, but has no plans to give additional support to the sector. The Norwegian government also supports a World Wildlife Fund (WWF) programme related to minimising the negative impact of petroleum-related activities on the environment in Uganda. The World Bank has pledged to support petroleum / environment related activities through its environmental capacity building programme in the amount of USD 1.5 million. Since 2004 Norway has also provided technical and financial support for the establishment of the National Forestry Authority (NFA). In 2009 Norway will continue its support for another 4 year period, and the focus will be on restoration of forest in Northern Uganda. This programme will complement the OfDprogramme in terms of management of forest reserves in oil and gas exploration areas. The Ministry of Water and Environment has and will continue to ensure that contribution of development partners in addressing environmental aspects of oil and gas development activities are coordinated and harmonised. 22 5.0 Implementation of the program 5.1 Scheduling The Outputs of the program have been broken down into detailed activities which the different participating actors will start implementing upon commencement of the programme. The activities are also scheduled as far as the programme has felt comfortable in terms of knowledge about the future and the prioritised sequence of the activities and their effect on each other (see Annex3, 4 &5 Activities, Scheduling/ Gantt chart) 5.2 Priorities As far as possible the participants have prioritised the activities according to importance and coordinated effect. 5.3 Common tasks The Common Tasks have been scheduled separately, but in coordination with the other activities. 5.4 Budget (see Annex8, Overall Budget) A programme budget has been made for all the planned Outputs, including the management of the programme. This budget is indicative and will be detailed in due time for renew and acceptance by the Annual Meeting. In addition a more detailed budget is prepared for the first year (2009) activities and Outputs (see Annex3, 4 &5). 6.0 Reporting 6.1 M&E system 23 The internal M&E system is set up to provide timely data to the Pillar managers and the different project managers within each pillar on the progress of the programme. It is based on the Outputs indicators and the corresponding Means of Verification, as well as the detailed activity plans, schedule and budget for each year. 6.2 The Secretariat (see Annex 7 secretariat Organogram) The proposed secretariat will be responsible for regular reporting to the PCC and to the heads of the three Pillars on the day-to-day implementation (activity reporting). The PCC will then, with the help of the secretariat, prepare quarterly and annual reports outputs, expenditures, planned activities and budgets. 6.2 Annual meeting Annual meetings will be held at the beginning of every calendar year of the programme. 24 ANNEX1: LFA/ Matrix for the program document Name for the programme: Strengthening the Management of the Oil and Gas Sector in Uganda ` OBJECTIVES PROGRAMME GOAL Oil and gas resources used in a (economical, social and environmentally) sustainable manner [for prosperity] to meet the needs of present and future generations. INDICATORS Means of Verification (M O V) Official statistics Activity indicators from the industry Environmental monitoring National budget documents Central bank reports Industrial investments Resource data bank PROGRAMME PURPOSE Institutional arrangements and capacities in place ensuring well-coordinated and results oriented Resource management, Revenue management, Environmental management and HSE management in the oil and gas sector. Poverty reduction Sustainable (efficient) resource management Sustainable economic development Legislation in place Institutions in place No incidents/accidents Public at large informed at regular intervals Depletion figures (recovery rate) System producing good quality indicators in a timely manner Revenue Management Law in place Fiscal policy strategy in place RISKS/ASSUMPTIONS Political leadership in Uganda use the revenue generated from oil and gas in a sustainable way International growth rates Oil price International environmental standards 25 No negative externalities Global environmental resistance (NGO`s) Reduced investment in the sector PROGRAM OUTPUTS 1 Resource pillar (see below) 2 Revenue pillar (see below) 3 Environmental pillar (see below) 4 The [governance or structure and] management of the Programme for Resource and HSE, Revenue and Environment Management for the Oil and Gas Sector planned and implemented 5 Interaction/dialogue/communication program with other stakeholders (public at large, private sector, civil society actors, media) developed and implemented 6 A Monitoring and Evaluation system for Activity plans followed each year, with mitigation measures implemented where deviation Quarterly meetings held in Coordination Committee 5 annual meetings held 5 annual audits conducted finding no major issues or challenges 1-2 open conferences annually Meetings with local authorities Joint communications platform Data gathering tools Programme reporting Pillar reporting 26 the program has been developed and developed implemented, securing compliance with Database developed the NIMES where possible. Compliance and feed to NIMES secured PILLAR 1 OUTPUTS: RESOURCE MANAGEMENT 1.1 Legal and Regulatory framework Petroleum Law Petroleum upstream and Petroleum resource Management Law, Oil midstream regulations Refining, Gas Conversion, Commodities, Guidelines for Resource Transportation Law, Upstream and and HSE management, Midstream regulations and Model PSA Revised model PSA in revised. place (The necessary regulatory framework for prohibiting venting and restricting flaring is developed and operational. Incl. legislation for national content, Including regulation of access to pipelines) 1.2 Institutional Development and Capacity Building Coordination of supervision Institutions: A document that describes coordination of supervisory institutions has been developed and Support to Coordination of activities Regulation for coordination e.g. supervision of petroleum sector Organizational issues and infrastructure: A Adequate plans for personnel strategy for the establishment of the and infrastructure relevant institutions and assistance development for institutions Legislations Published in the Uganda Gazette Revised Model PSA and guidelines available Delay in approvals at different stages of the process Inadequate public participation Norm/standard/ requirementsdocuments approved and available Lack of coordination/ cooperation Responsibilities not clarified Establishment of Institutions Appropriate Inadequate budget/Financial resources 27 regarding development of facilities Good facilities for institutions Capacity Building: Recruitment Assistance, Plans for Human Capacity Building, Implementation of Training Plans, Implementation of IT systems(for the Petroleum Directorate, Petroleum Authority and other Government Institutions), HR plan in all institutions Adequate institutions and personnel in place Well performing institutions IT systems upgraded infrastructure in place Organisational development strategy in place Activity plan for different Institution under implementation Training reports Annual/quarterly reports Delays in the law formulation process Lack of training capacity within Uganda Lack of management capacity Lack of local competence Adequate compensation systems 1.3 National Local Participation: Skills Development for the Oil and Gas sector: Education Curriculas, Trainers Educated, Petroleum related Courses at Professional, Technical and Crafts level, Contribution to Implementation of Petroleum Related Training Develop competencies and opportunities for the country's entrepreneur sector. A plan to support development of the skills and competitive competencies necessary for the country’s entrepreneurs to participate in the delivery of goods and Reviewed National Curricula Petroleum Geo-science and Engineering training introduced at different post secondary education levels. Reviewed curriculum in place Petroleum related training within Uganda Procurement practices facilitating national participation Database for planned contracts Bidding procedures Bidding procedures for supplies to the industry in place Reports on local content developed Lack of qualified lecturers/teachers Lack of cooperation with respective institutions Lack of IT-infrastructure and adequate facilities and equipment Lack of capital Lack of competence Low standards Few registered local registered companies Unwillingness of 28 services for the oil and gas sector has been developed. Implementation of recommendations of the Local Content Study Certified training Information database for certified contractors inc. personnel QA-systems Compliance with international standards Information database established GIS-system developed Relevant QA/QC-procedures and standards established and updated Efficient retrieval of data High quality data available Relevant software in place QA/QC procedures in place Rapid technological changes and incompatibility IT systems failures Lack IT-experts and competence Lack of reporting procedures Update resource database IT systems failures Lack IT-experts and competence Lack of reporting procedures Inadequate G&G capacity operator to cooperate 1.4 Data, Records and information Management: Management Systems for Petroleum Geoscience and Technical data, resource data, administrative data, incidents and accidents data, production and cost data: Improved data and records management systems. Development of procedures for operations and records management systems 1.5 Resource Assessment A system for continuously updating resource inventory developed Plan and contribute to the assessment of the country's oil and gas resources and to the national oil and gas inventory: System for continuously updating resource inventory, developed capacity and Play-models established Resource inventory system in place Updated resource assessments o Yet to find resources o Discovered resources 29 procedures to assess petroleum resources. 1.6 Licensing Strategy and Plan A licensing strategy/policy is established, implemented and continuously updated: Assessment of regional and international competitiveness of fiscal terms; Development of a strategy for promotion of the country's petroleum potential; development of a grid system for licenses; implement a licensing round; undertake due diligence on acreage applicants 1.7 Monitoring and Regulation 1.7.1 Oil and Gas Exploration An appropriate supervisory (regulatory) framework for monitoring and regulating petroleum exploration programmes in place with regards to; Data collection, studies, drilling, relinquishment, HSE, Costs Inferior data quality o Reserves Assess regional competitiveness of fiscal terms Update the PSA in light of new legal framework Use open bidding as a basis for licensing and only consider other licensing options where necessary Promotion of the country’s petroleum potential Appropriate due diligence undertaken on applicants for licenses. This may be undertaken with a view of pre-qualifying applicants. Negotiate adequate work programs and fiscal terms Regulatory framework in place; Well executed work programs with regards to Data collection, studies, drilling, relinquishment, HSE and costs. Use of open bidding in licensing New E&P licences Well negotiated work programmes Monitoring reports Inspection and Audit reports Efficient approval for planning document Poor bidding response Incompetent negotiators Negative exploration results Lack of transparency in the licensing process Lack of cooperation with industries Lack of cooperation between supervisory institutions Inadequate supervisory systems and enforcement mechanism 30 Non qualified operators and licensees Lack of public and political consensus 1.7.2 Oil and Gas Development and Production : An appropriate supervisory framework for monitoring and regulating petroleum development and production programmes in place: Well implemented field development plans, systems to handle FDP's and supervisory framework for monitoring Use FDP’s to ensure that the oil and gas resources are produced optimally through cost effectiveness, good reservoir management and where necessary enhanced recovery. Follow up approved EIA Follow up HSE-management systems Optimal and effective use of production and transportation infrastructure Well monitored plans for licensees with regard to; regulation, development progress and costs Well implemented production plans with regard to reporting, reservoir performance, metering, operators adherence to HS-regulations and capacity building Reports - HSE performance - incidents and accidents reporting systems - High production regularity - recovery factor - high utilisation of the infrastructure - high efficiency Record of inspection and audits Lack of experienced personnel and procedures Lack of coordination and cooperation between relevant institutions Inadequate predictability for the industry Absence of holistic approach regarding the individual projects 31 1.7.3 Health and Safety Compliance: An appropriate supervisory (regulatory) framework for monitoring and regulating HSE-compliance put in place. Develop tools for undertaking HS audits 1.7.4 A system to handle FDP`s tested and in place Draft detailed regulations for supervisory activities: Procedures for supervisory activities Supervisory planning Independent evaluations where necessary with a view of identifying any points of divergence from the plans presented by oil companies Dialogue with companies during preparations of plans for development Ensure that the PDO sees to that the oil and gas resources are produced optimally through cost effectiveness and where necessary, enhanced recovery. Undertake area studies to ensure optimal and effective use of production and transportation infrastructure Plan and implement tail end production. Adequate systems for fiscal measurement Adequate requirements in place Reports - HSE performance - incidents and accidents reporting systems Procedures in place Reports Reports Proper systems for measurement in place Lack of adequate supervisory system which includes use of means of enforcements Lack of management systems, institutional arrangements and competent personnel Delays in the law process Lack of cooperation with the companies Substandard equipment Incompetence Luck of transparency /trust 32 1.7.5 An appropriate supervisory (regulatory) framework for monitoring and regulating development and production programme put in place and operational 1.8 Midstream Development 1.8.1 Institution responsible for midstream activities strengthened 1.8.2 A plan for efficient utilisation of the resources and development of attendant facilities established 1.8.3 A licensing framework for midstream activities/facilities established Follow up PDO: Development progress Costs Follow up production plans Reporting Reservoir performance Metering Operators adherence to HSE-regulation Capacity building Definitional/functional analysis report Adequate institutional arrangements and personnel in place A Petroleum Utilization Plan Plan for the development of midstream facilities catering for the upstream requirements and with the aim to maximise the value of the resources A licensing framework for midstream activities/facilities developed Reports Record of Inspections and Audits Institution with competent personnel can be identified to be in place Resources efficiently utilised and facilities developed on plan Facilities licensed Lack of adequate supervisory system Lack of management systems, institutional arrangements and competent personnel Delay in the law process Delays in procuring the expertise to undertake the analysis Delays in recruitment of human resource Public and political consensus Approval process of plan Competence and capacity to undertake proper planning Failure to mobilize investments required Lack of ready standards Delays in approval 33 1.8.4 Establish an operational monitoring system for midstream facilities and activities An operational monitoring system 1.8.5 Ensure least cost processing and operations of midstream facilities and third party access to capacity in midstream facilities A pricing and tariff methodology and third party access procedures establish Facilities developed and operated on set standards. Tariff methodology available and third party access guidelines published 1.8.6 Study to evaluate the opportunities for the development of a petrochemical industry in the country has been conducted A study report on petrochemical development 1.8.7 Establish standards for midstream activities /facilities Standards developed Report Standards gazetted process of framework Software development problems Lack of data Lack of expertise and trained personnel Lack of expertise and trained personnel Lack of predictability and incentives for cooperation between licence holders Delays in the approval process Government approval of acceptable third party tariffs Lack of data and information Lack of expertise and trained personnel Lack of governmental initiative and guidance to the industry regarding development of new standards. Lack of expertise and 34 trained personnel 1.9 Monitoring of Oil and Gas Policy and Programs The National Integrated Monitoring and Evaluation Strategy (NIMES) assessed and enhanced, to incorporate oil and gas monitoring and evaluation systems. 2 Sector investment strategy/plan, develop a scenario analysis for the sector 3 Regional Cooperation, DRC, Technical standardization and bilateral treaties NIMES uses oil and gas data reports Inadequate knowledge of the sector in NIMES Lack of support to NIMES Sector Investment Plan developed Sector Investment Plan in place Institutional capacity for sector planning in place Agreements and memorandum of understanding in place Guidelines in place Lack of Institution cooperation Lack of expertise and trained personnel National legislation Lack of capacity Delay at Cabinet Parliament Delay in funding of T.A Bilateral treaties/Agreements in place Technical standardization guidelines in place PILLAR 2 OUTPUTS: REVENUE MANAGEMENT 2.1 Legal framework & revenue policy Revenue Management Law component 2.1.1 A law to establish revenues accruing from oil and gas activities payment Lack of incentives for bilateral cooperation Lack of expertise and trained personnel Limited access to external expertise 35 Political approval modalities and enforcement enacted 2.1.2 Existing tax legislation and regulations reviewed and updated, ensuring coherency with the new Revenue Management Law Model PSAs Income Tax Laws How to capture windfall gains Government take framework Delays in Parliament Local competence T.A competence 2.2 Revenue Pillar Secretariat 2.2.1 Assessment of the existing institutions conducted 2.2.2 Human resource plan analysed and updated Improved government take from oil and gas activities Reforms made in the existing institutions New human resource plan for all relevant institutions Tax revenues Strong administrative structure Annual reports for relevant institutions Local competence Division of responsibility 2.3 Revenue administration components 2.3.1 Adequate systems for fiscal measurement and tax assessment developed 2.3.2 A system for collection of revenues from oil and gas activities established Right government take from oil and gas activities Tax revenues Timely audits Local competence Loss of trained staff 2.4 Fiscal policy component 2.4.1 The current fiscal framework assessed, taking into account the impact of oil and gas activities Oil and gas activities are incorporated into macroeconomic models. A special Petroleum Revenue Model will also be developed as a separate module that can National budget documents State budget documents Local competence Technical facilities Public and political consensus 36 2.4.2 A fiscal policy strategy paper drafted 2.5 Monetary policy management component The current monetary framework assessed and updated, taking into account the impact of oil and gas activities 2.6 Banking arrangements and accountability components A petroleum fund assessed and be interfaced with the other macroeconomic frameworks. All revenues and public investments are accommodated within the government Medium and Long Term Fiscal Framework Assessment of the existing fiscal policy guidelines (deciding on a speed limit for the use of oil and gas revenues) Development of adequate saving instruments (Petroleum Fund). A Petroleum Fund Investment Portfolio proposed. Broad public consultation involving key stakeholders made. Developing an efficient system for handling capital outflow Designing an appropriate monetary policy framework Governance model Investment strategy Fiscal and monetary framework National budget documents White paper Inadequate public inquiry of strategy Local competence Public and political consensus Reports on the conduct of monetary policy Local competence Public and political consensus Annual reports on the management of the fund Local competence Public and political consensus 37 Reporting on management performance Transparency. PILLAR 3 OUTPUTS: ENVIRONMENTAL MANAGEMENT OUTPUT INDICATORS Transparency established 3.1 Strategic Environmental Assessment (SEA) for the Albertine Graben conducted and results widely disseminated. 3.2 Capacity development programs, to conduct SEAs and review Environmental Impact Assessments (EIA) and SEAs, planned and conducted within relevant institutions. 3.3 Capacity development programs developed and implemented in all relevant institutions, for areas identified as relevant/critical to the oil/gas sector (based on capacity needs assessment). Report prepared Number of reports distributed to stakeholders Number of dissemination workshops Organisational needs assessments conducted in all relevant agencies based on agreed ToR Capacity plan, specific for SEA and EIA work, for all relevant institutions Staff trained in SEA and EIA in Oil Study tours conducted Capacity needs assessments conducted in all relevant organisations based on agreed ToR Capacity plan for all relevant institutions Performance level of MOV RISKS/ASSUMPTIONS Assessment report Workshop reports Acknowledgement receipts Activity plans for relevant institutions Annual reports from Program secretariat Training reports Cooperation from stakeholders Staff available in respective agencies Enabling human development policies in place National private environmental practitioners participate on the training Approved plan documents Performance reports from institutions Cooperation from relevant institutions Government avails staff 38 institutions 3.4 Environmental and biodiversity related policies reviewed with respect to oil and gas (incl biodiversity off-sets), and presented for approval. Policies reviewed and updated for Wildlife, Forestry, Wetland, Water resources management, Fisheries, Environment management, Land use, and Occupational health and safety Review report with proposed amendments The relevant political bodies approve the recommended changes and amendments 3.5 Existing Acts reviewed, recommendations drafted and presented for approval Acts reviewed and updated for Wildlife, Forestry, Wetland, Water resources management, Fisheries, Environment management, Land use, and Occupational health and safety Review report with proposed amendments The relevant political bodies approve the recommended changes and amendments 12 wildlife protected area management plans reviewed and or prepared 7 Central Forest Reserves management plans reviewed Local forestry reserves plans Land use and physical plans developed for EPS, Hoima and Buliisa Districts Indicator list Published management plan documents Consultation reports Enabling policy and legal framework exists Cooperation from stakeholders Baseline data Reliable baseline data 3.6 Management plans for protected areas, and relevant sector plans for the AG, reviewed and updated taking the oil and gas issues into consideration 3.7 An environmental monitoring system for the AG, with clear and agreed 39 indicators, is established. 3.8 Environmental regulations and standards relevant to the oil/gas sector developed and existing acts reviewed and amendments drafted and presented for approval. 3.9 Mechanisms for oil and gas industry (hazardous) waste strengthened. 3.10 Framework for compliance monitoring and enforcement of the oil and gas industry strengthened (incl. the issue of payment from industry). Baseline data collected on indicators Database IT equipment Data collection tools (specified) Draft amendments proposed for waste management, effluent discharge, air quality Final draft regulations and standards presented for approval Waste types identified and categorised Handling procedures developed Collection and disposal sites available Staff trained (including private sector) to manage hazardous waste Compliance management information system developed Compliance assistance provided to companies report Regular reports generated from the system available Acceptance of the indicators by stakeholders Documents available Minutes of presentation The relevant political bodies approve the recommended changes and amendments Report on categories and composition of wastes generated List of licensed facilities Published procedures for handling different wastes Training reports Published checklists Minutes of monitoring teams Published Industry best practices available Cooperation between government and private sector Willingness of operators to comply Company take up voluntary initiatives Commitment from 40 Monitoring checklists developed Monitoring teams established and meet regularly Public disclosure procedure developed Licensed facilities inspected and audited Monitoring equipment procured and installed Key personnel of government agencies trained in using monitoring equipment Compliance and enforcement manual developed Data management systems reviewed and improved. Develop GIS-system Establish and update relevant QA/QC-procedures and standards Establish play-models disclosure procedure Inspection and audit reports Training reports Published manual government agencies to allocate resources Reliable baseline data available 41 3.11 National Oil spill contingency mechanism in place and operational. Environmental sensitivity atlas regularly updated Equipment in place Response units established Staff trained (private and government agencies) Published updated atlas Dissemination reports Functionality of equipment Spill response reports Training reports Reliable baseline data available Cooperation between government and private sector 42 ANNEX2: Program Management and Governance Structure Uganda MoFPED MEMD MWE PM 1/2/3 Norway Embassy OfD Coordinator (observer) Draft Agreement MoFPED-Embassy Annual Meeting Meeting in Q1 Abbreviations (NB: to be verified) Uganda PDU Petroleum Directorate of Uganda PAU Petroleum Authority of Uganda NatOil Ugandan National Oil Co MFPED Ministry of Finance, Planning and Economic Development BoU Bank of Uganda URA Uganda Revenue Authority NEMA National Environment Management Authority NFA National Forestry Authority UWA Uganda Wildlife Authority DFR Directorate Fisheries Resources Oslo Uganda Head PM1 PM2 PM3 Norway Coordinator (observer) Pillar 2 Resource management Pillar Mgr (PM 1) Quarterly meetings(?) Pillar 3 Revenue management Resource Mgr (RM 1) Coordinator Norad MPE [NPD] FIN MD [SFT, DN] Norad/OfD Working Group Programme Support Quarterly meetings(?) Pillar 1 Contract TBD Programme Coordination Committee (PCC) Pillar Mgr (PM 2) Environmental management Resource Mgr (RM 2) Pillar Mgr (PM 3) Resource Mgr (RM 3) Cross-cutting issues & overlaps Norway MEMD MFPED PDU MWE BoU NEMA UWA PAU URA NFA MoJ MoJ DFR ... ... Policy and Legislative frameworks MPE Ministry of Petroleum and Energy Planning & management tools NPD Norwegian Petroleum Directorate Data management PSA Petroleum Safety Authority Communication strategy FIN Ministry of Finance Supervision & Compliance monitoring MD Ministry for the Environment SFT Norwegian Pollution Control Authority DN Directorate for Nature Management OfD Oil for Development ... ... Good governance (Transparency) ... Parliament Media Civil Society Coordination ... ... 43 ANNEX3: 2009 Work Plan and Budget for the Resource Management Pillar OUTPUT/Activities Inception workshop Component 1: Legal and Regulatory Framework Legal and Regulatory framework for the upstream and midstream petroleum sectors a) Completing formulation of resource management law b) Formulating the law for oil and gas utilization c) Preparing subordinate regulations for upstream petroleum sector (including HS) and local content d) Preparing subordinate regulations for midstream petroleum sector (including HS) and local content e) Preparing revision of model PSA Licensing strategy and plan a) Assessment of regional and international competitiveness of fiscal terms b) Development of a strategy for promotion of the country’s petroleum potential c) Development of a grid system for licenses d) Promote the country’s petroleum potential e) Implement a licensing round f) Appropriate due diligence undertaken on applicants for licensing Monitoring and Regulation Time frame (Jul-Dec 2009) Jul Aug Sep Oct Budget (NOK) Nov Dec 429,000.00 1,266,500.00 381,000.00 1,990,000.00 44 a) Oil and gas exploration: Development of an appropriate supervisory (regulatory) framework for monitoring and regulating petroleum exploration programmes b) Oil and gas development and production: Development of an appropriate supervisory (regulatory) framework for monitoring and regulating petroleum development and production programmes c) HS Compliance: Develop a supervisory strategy and plan; Develop procedures for supervisory activities; Develop tools for undertaking HS audits Monitoring of Oil and Gas policy and programmes Component 2: Capacity building Institutional Development and Capacity Building a) Coordination of supervision: Coordination of supervision Completing the functional analysis and harmonizing the roles for the institutions, drafting the coordination document and implementing coordination activities. b) Organizational issues and infrastructure: Preparations of the organizational development plans, definition and procurement of the necessary facilities c) Capacity Building: Recruitment Assistance, Plans for Human Capacity Building, Implementation of Training Plans, and Implementation of IT systems National/Local participation 216,500.00 1,371,000.00 2,063,500.00 45 a) Skills development for the oil and gas sector: Skills Development for the Oil and Gas sector: Education Curricula, Trainers Educated, Petroleum related Courses at Professional, Technical and Crafts level, Contribution to Implementation of Petroleum Related Training a) Develop competence and opportunities for the country’s entrepreneur sector: Contribute to development of entrepreneurs in the oil and gas sector and implementing of recommendations of the local content study Data and Records Management a) Identification and definition of necessary computer software b)Development of procedures for operations and maintenance of data and records management systems c) Upgrading the present data and records management systems d) Development of QA/QC- procedures e) Evaluation and compilation of data Resource Assessment a) Define play-models in the Albertine Graben b) Develop a resource inventory system c) Study the potential of the country’s unconventional resources d) Asses the country’s oil and gas resources Sector investment strategy/plan Develop a scenario analysis for the petroleum sector · 1,780,000.00 · · · · · 950,000.00 437,500.00 46 Regional and international Cooperation Update and review bilateral treaties, Agreement with DRC and Technical standardization Component 3: Midstream (please note that these may not be done in 6 months but within 1 year) a) Complete the structuring of the midstream institutional set up b) Develop a plan for the utilisation of resources and plan for development of midstream facilities c) Develop an operational monitoring system d) Develop a licensing framework for midstream activities/facilities e) Undertake a study of petrochemical development f) Develop a strategy and plan for the refining of oil in Uganda g) Support to monitoring of midstream activities and facilities h) Develop a tariff methodology and third party access procedures for capacity utilization of midstream facilities 610,000.00 1,487,100.00 · · i) Develop standards for midstream activities /facilities j) Undertake a study of the transportation options · Subtotal Contingency 10% Total · · · · · · · · · · · · · · 12,982,100.00 1,298,210.00 14,280,310.00 47 December November October September August ANNEX4: 2009 Work Plan and Overall Budget for the Revenue Management Pillar 201 2 439,440 - - 797,300 - - 831,600 831,600 - - 1,464,800 292,960 732,400 439,440 - - 1,287,200 993,400 293,800 - - - Assesment of existing institutions 615,000 615,000 - - - Analysing and updating HR plan 293,800 - - - - Inception Workshop 378,400 378,400 - - - 1,758,600 293,800 1,464,800 - - - 1,758,600 293,800 1,464,800 - - 4,818,800 1,713,3 00 3,105,500 2,284,400 1,142,2 00 1,142,200 July 2011 component 1: Legal framework & policy Revenue management law Review and updating of existing legislation Developing adequate system for fiscal measurement Component 2: Pillar Secretariate Component 3: Revenue administration Establishing a system for colletction and accounting of revenues Component 4: Fiscal Policy Framework Assessing the fiscal framework Total costs 2009 4,722,600 1,921,8 60 2,361,300 1,594,600 797,300 1,663,200 2010 293,800 - - 2013 - - - - Comments MoFPED (TPD) leads, MoJCA,U RA MoFPED URA MoFPED (MEPD) lead 48 Developing a fiscal policy strategy paper and Petroleum model Component 5: Monetary Policy Framework Assessing the monetary framework Developing a monetary policy strategy paper Component 6: Oil & Gas Accounting & Banking Framework Designing the establishing a petroleum fund Subtotal Continge ncy Grand Total 2,534,400 571,100 1,963,300 - 737,800 368,900 368,900 - 737,800 368,900 368,900 2,992,800 748,200 2,244,600 - 2,992,800 748,200 2,244,600 - 16,317,80 0 6,039,4 60 9,838,900 439,440 1,631,780 603,946 983,890 17,949,58 0 6,643,4 06 10,822,790 - - - - - - BoU MoFPED (Acct.Gen, Auditor Gen take lead - - - - - 43,944 483,384 49 ANNEX5: 2009 Work Plan and Budget for the Environment Management Pillar OUTPUT/Activities Time frame (Jul-Dec 2009) Aug Sep Oct Nov Dec Jul Budget Inception workshop 439,000 Component 1: Ecosystem planning Strategic Environmental Assessment (SEA) for the Albertine Graben conducted and results widely disseminated. Activities: a) Scoping Process (Concept note, stakeholder workshop, guidelines for Terms of Reference) b) Drafting and approval of the Terms of Reference (ToR) c) Procure and approve (incl. assessment of proposal from consultancies) consultancy (ies) (national/international) d) SEA Inception workshop Management plans for protected areas, and relevant sector plans for the AG, reviewed and updated taking the oil and gas issues into consideration a) Review and propose recommendations for existing management plans for PA in exploration area 2, 1, 3A 540,000 50 Component 2: Capacity building Capacity development programs, to conduct SEAs and review Environmental Impact Assessments (EIA) and SEAs, planned and conducted within relevant institutions. a) Carry out capacity needs assessment for SEA and EIA among government relevant institutions and develop training programs c) Review and update SEA/EIA guidelines Capacity development programs developed and implemented in all relevant institutions, for areas identified as relevant/critical to the oil/gas sector (based on capacity needs assessment). a) Conduct capacity needs assessments in all relevant organisations based on agreed ToR · b) Develop capacity plans for all relevant institutions · · · · · · · Activities c) Develop integrated capacity development plan Component 3: Policy and legal frameworks · · · · 34,000 · Environmental and biodiversity related policies reviewed with respect to oil and gas (incl biodiversity off-sets), and recommendations presented to Government for approval Existing Acts reviewed, recommendations drafted and presented for approval 51 Environmental regulations and standards in relation to the oil/gas sector developed and framework for discharge permits reviewed and updated a) Review and update waste management and effluent discharge regulations and standards, · · · · · · 500,000 b) Develop air quality standards Component 4: Monitoring and compliance 200,000 An environmental monitoring system for the AG, with clear and agreed indicators, is established. Mechanisms for oil and gas industry (hazardous) waste strengthened a) Identify and categorise waste types b) Compile existing “best practices” for handling oily and hazardous waste c) Develop framework for handling oily and hazardous waste Framework for compliance monitoring and enforcement of the oil and gas industry strengthened (incl. the issue of payment from industry). · c) Review and update compliance management tools · · · · · · 100,000 52 National Oil spill contingency mechanism in place and operational. a) Complete national oil spill contingency plan c) Establish, develop, maintain and update the sensitivity atlas 3,970,000 53 ANNEX6: Budget for the Programme Coordination Committee ITEM/ACTIVITY YEAR 2009 USD 2010 USD 2011 USD 2012 USD 2013 USD TOTAL A. SALARIES 1. ADMINISTRATOR 1 12,000 24,000 24,000 24,000 24,000 108,000 2. COMMUNICATIONS OFFICER (ONE @ USD2000.00) 12,000 24,000 24,000 25,000 24,000 24,000 3. ACCOUNTANT 6,000 12,000 12,000 12,000 12,000 54,000 4. ACCOUNTS ASSISTANTS 3 (ONE FOR EACH PILLAR @ USD500.00) 9,000 18,000 18,000 18,000 18,000 81,000 5. PROCUREMENT ASSISTANT 1 3,000 6,000 6,000 6,000 6,000 27,000 6. SECRETARY 1 3,000 6,000 6,000 6,000 6,000 27,000 7. OFFICE ATTENDANT 1 1,500 3,000 3,000 3,000 3,000 13,500 46,500 93,000 93,000 94,000 93,000 334,500 1. ANNUAL MEETINGS 342 342 342 342 342 1,710 2. PCC MEETINGS (HELD QUARTERLY) 527 1,053 1,053 1,053 1,053 4,737 3. COMMUNICATION COSTS 4,200 8,400 8,400 8,400 8,400 37,800 4. TRANSPORT 4,500 9,000 9,000 9,000 9,000 40,500 5. STATIONERY 6. OFFICE EQUIPMENT (LAPTOP AND PRINTER) 3,000 6,000 6,000 6,000 6,000 27,000 5,000 5,000 2,500 5,000 2,500 20,000 SUBTOTAL FOR B 17,569 29,795 27,295 29,795 27,295 131,747 SUBTOTAL FOR A B. OFFFICE EXPENSES C. COMMUNICATION STRATEGY 1. STAKEHOLDER CONSULTATION MEETINGS 54 1.1 NATIONAL STAKEHOLDER MEETINGS (TWICE A YEAR) 1.2 REGIONAL STAKEHOLDER MEETINGS 28,529 57,059 57,059 57,059 57,059 256,764 0 •HOIMA (ONCE A YEAR) 6,389 6,389 6,389 6,389 6,389 31,947 •ARUA (ONCE A YEAR) 6,362 6,362 6,362 6,362 6,362 31,808 17,904 17,904 17,904 17,904 17,904 89,518 3,000 2,000 •KASESE (ONCE A YEAR) 2. WEBSITE CREATION AND MAINTENANCE •CREATION •MAINTENANCE 3. CONSULTANCY COST 5,000 1,000 1,000 1,000 1,000 4,000 77,158 77,158 77,158 77,158 308,632 SUBTOTAL FOR C 62,184 167,871 165,871 165,871 165,871 727,669 TOTAL (LESS CONTINGENCY) 126,253 290,666 286,166 289,666 286,166 1,193,916 CONTINGENCY 10% OF TOTAL 12,625 29,067 28,617 28,967 28,617 119,392 TOTAL (USD) 138,878 319,733 314,783 318,633 314,783 1,313,308 972,144.37 2,238,128.10 2,203,478.10 2,230,428.10 2,203,478.10 9,847,657 TOTAL (NOK) (I USD=7.00 NOK) 55 ANNEX 7: Programme Coordination Committee Structure ADMINISTRATOR ACCOUNTS ASSISTANT (3) COMMUNICATIONS OFFICER ONE FOR EACH PILLAR SECRETARY PROCUREMENT ASSISTANT OFFICE ATTENDANT DRIVER 56 ANNEX8: Overall budget for the Programme (Detailed budget is attached separately) Year 2009 2010 2011 2012 2013 Sum Pillar Resource 7,858,142.00 7,057,542.00 4,211,992.00 Revenue 6,643,406.00 10,822,790.00 483,384.00 Environment 7,059,584.21 10,349,069.86 2,354,360.81 1,639,360.81 2,376,214.14 23,778,589.84 972,144.37 2,238,128.10 2,203,478.10 2,230,428.10 2,203,478.10 9,847,656.78 22,533,276.58 30,467,529.97 9,253,214.91 8,154,234.91 9,134,290.24 79,542,546.61 Programme Coordination Sum Programme 4,284,446.00 4,554,598.00 27,966,720.00 17,949,580.00 57