Latest update April 3rd, 2026 12:35 AM
Local Content Policy… Legal constraints in Exxon deal warranted use of confidentiality provisions – Dr. Bynoe
Energy Department Head, Dr. Mark Bynoe has finally provided answers to several queries made by Kaieteur News, which sought to garner a better understanding of why confidentiality provisions were included in Guyana’s Local Content Policy.
Energy Department Head, Dr. Mark Bynoe
Dr. Bynoe said that the drafters of the policy, one of which was ExxonMobil’s contact, Dr. Michael Warner, had to honour the contractual terms of Articles 18 and 19 in Guyana’s current legally binding Petroleum Agreements. But when perused, Kaieteur News did not find a single provision in the Articles referenced which demanded that the Local Content reports of the oil companies must not be disclosed in full. This publication has attached two images of the said articles so that citizens can peruse same and form their own conclusions.
Articles 18 and 19 from the Guyana ExxonMobil Production Sharing Agreement (PSA)
With respect to Kaieteur’s question on what Local Content Policy that is in use by other countries, was referenced to justify or support the need for the secrecy provisions in Guyana’s policy, Dr. Bynoe said that Guyana’s policy is built around being fit-for-purpose for the country. He said that this includes “legal consistency (or at least not obvious inconsistency) with any contractual terms which pre-existed and which pre-date the 2020 policy.”
Further to this, the Energy Department Head said, “Consistency with the PAs (Production Agreements) was the all-important starting point for position of the Policy on disclosure. However, the Policy has also sought to interpret those particular articles in a highly favourable manner, by including the provisions which support the need for as much disclosure as is reasonably possible.”
Dr. Bynoe said that the current provisions support and develop local content, up to the limit of avoiding the possibility of any legal battles with operators over breaches of contractual terms. Dr. Bynoe said, “We wish to again point out that Guyana’s 2020 Local Content Policy is a live document intentionally designed to respond to legal and other contextual developments as they evolve; all with the view of delivering the best value for the people of Guyana.”
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