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Comprehensive review of local content framework on horizon as citizens complain about exclusion from oil sector
Kaieteur News – The Government of Guyana will soon be reviewing the country’s local content framework with a view to remedying complaints lodged by citizens that they are being excluded from opportunities in the oil and gas sector.
Attorney General, Anil Nandlall, SC
Attorney General and Minister of Legal Affairs, Anil Nandlall during a recent airing of his programme, ‘Issues in the News,’ announced that there will be a comprehensive review of the local content framework. Nandlall said that despite government’s efforts to strengthen laws and regulations some sects are dissatisfied.
“We continue to receive complaints in relation to the local content framework and the local content legislation. Reports indicate that Guyanese citizens are being denied fair opportunities to participate in the oil and gas sector and related industries,” Nandlall said.
He emphasized that, “When the legislation was enacted, we acknowledged its pioneering nature in the Caribbean region and anticipated the need for adjustments as we gained more experience in this new sector… With each passing day, our understanding of the sector deepens, drawing attention to pertinent issues that necessitate our immediate focus.”
The government is keen on addressing emerging issues such as fronting. The private sector has complained about foreign companies employing “rent-a-citizen” tactics which run counter to the spirit of the Local Content law. He said government will soon initiate consultations with stakeholders.
Guyana’s Local Content Secretariat (LCS) has been looking into amending the Local Content Act of 2021, particularly, that they are seeking to amend the term which describe ‘who is considered a Guyanese National.’
The move came after the Government lost a court case to Ramps Logistics.
After the Government denied Ramps a Local Content Certificate for not reaching the requirement of being a 51 percent Guyanese-owned Company, Ramps had filed an application at the Demerara High Court challenging the decision. Stemming from the case, the Government was warned about arbitrariness due to the lack of rules and regulations in the Local Content Act.
The Local Content Act described a Guyanese National as a citizen of Guyana, and a Guyanese company as, “any company incorporated under the Companies Act – which is beneficially owned by Guyanese nationals who ultimately exercise, individually or jointly, voting rights representing at least 51 percent of the total issued shared of the company and that has Guyanese nationals holding at least 75 percent of the executive and senior management positions and at least 90 percent of non-managerial and other positions…”
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