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Guyana’s Production Sharing Agreements (PSAs)…Clauses which honour law in breach can be challenged -Attorney-at-Law

Dec 23, 2019 News

Since the Guyana-ExxonMobil Production Sharing Agreement (PSA) was released and perused by local anti-corruption advocates, there have been arguments that the contract contains provisions which honour the nation’s laws in breach rather than obedience.
There are contentions for example; that the PSA allows ExxonMobil to hold onto 600 blocks when the law prescribes that it should only be 60.
There are also arguments that the failure to use the auctioning process for the award of the blocks, goes against the Constitution which requires that the nation’s resources be awarded competitively and in the interest of the people.
During a recent appearance on Kaieteur Radio’s Programme, Guyana’s Oil and You, Attorney-at-Law, Sajeev Datadin said that he is indeed aware of the aforementioned perceptions, among others.
He said, too, that he is also aware that some individuals hold the view that since there are provisions which do not honour the law, then there could be no sanctity or respect for the PSA.
Datadin noted however, that Guyana is not in an entirely hopeless position. The lawyer said that such clauses which are deemed controversial or deficient, can be severed and dealt with separately, then it could be removed. This is provided that it is proven to be unlawful.
The lawyer said that if the clause is deemed too fundamental to the entire contract to be dealt with separately then the whole contract would fail.
Datadin said, “…We should have, for example, people who are capable of assessing whether changes in this contract would be good or bad. We have to be careful about what we want to change in the contract and understand why we want to pursue this and what will it achieve.”
But at the end of the day, Datadin said that the contracts must not contain parts which offend the law.

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