Oil and Gas

Many oil and gas companies have long recognised that the most attractive growth opportunities are to be found within the African region. East Africa has become one of the most exciting markets for international energy explorers. The sheer volume of oil and gas in the region has made it impossible for energy investors to ignore.

Merger, acquisition and disposal activity in the African energy market continues to gather pace; hence, oil and gas law issues have recently gained significant prominence.

FB Attorneys supports and advises its clients so that they are in a position to embrace change as the industry embarks on a new decade of challenges. Our team comprises lawyers who have a thorough understanding of the technical and commercial aspects of the energy industry as well as an in-depth knowledge of both the traditional principles and current trends in the marketplace. Apart from oil and gas we advise clients on a wide spectrum of industries including but not limited to government agencies, oil and gas companies, electric transmission companies, exploration and distribution companies, and renewable energy participants.

Our oil and gas team assists clients in a multitude of service needs. From major oil refiners to small oil and natural gas producers to pipeline companies, matters are as large as drilling contracts and production sharing negotiations and as small as obtaining individual import permits.

Our experience in Energy

Negotiated in farm in farm out agreements including reviewing and vetting such agreements Involved in the preparation, negotiation and finalisation of joint operating agreements in the oil and gas sector.

Carried out tax restructuring of companies entering into farm in farm out arrangements including Advised on the relevance and applicability of applying for anti-trust (competition law) approvals.

Acted for one of the largest oil and gas players in the world to get regulatory approvals in Tanzania.

Advised and represented investors in a pipeline project worth over USD 3B from North West Tanzania to Eastern Tanzania in all aspects of the law including land rights and acquisition, taxation, exemptions, environmental, anti-trust, compliance and regulatory issues, local content, immigration, insurance, project financing, securitisation, corporate law, and contracts.

Tax team involved in some of the biggest litigation related to oil and gas contracts including withholding tax issues.

Tax team regularly advises clients on oil and gas related taxation issues with recently having consulted on a multi-million dollar dispute on whether a farm in farm out is taxable under the Income Tax Act.

Involved in preparation, negotiation and finalisation of gas sales agreement including negotiating gas sales price with the Government Negotiating Team (GNT).
Advised oil and gas clients on land laws and Tanzania Investment Act applicability to land ownership related matters.
Involved in the drafting and negotiation of production sharing agreements.
Consulted for companies seeking opinion on the legality of tax stability (tax freeze) clauses in PSAs.
Conducted training on the oil and gas laws and regulations in Tanzania, including presenting on the newly enacted Petroleum Act.
Applied for tax exemptions/waivers for various oil and gas companies.
Involved in the processing of tax credits for companies with refundable positions.
Engaged with Tanesco (national electricity utility) on outstanding amounts owed to suppliers of oil and gas.
Drafted guarantees and specific indemnities related to supplies of oil and gas to Tanesco.
Acted for a foreign bank in the funding of a pipeline into Dar es Salaam from Southern Tanzania.
Opined on requirement of Government approvals for parties entering into joint operations and farm in farm out agreements.
Advised various prospective investors on whether oil and gas is a union matter.
Regularly advise oil and gas companies on employment, contract, insurance issues including immigration, tax, land and general compliance.
Handled criminal matters related to oil and gas companies ranging from fuel theft, to arrests of officials on duty.
Lead legal consultant to one of the world’s largest solar companies to establish a 100MW plant in Tanzania, value worth USD 105M.
Negotiated for clients with the state owned power utility for two power purchase agreements, deal worth in total USD 620M.
Advised a financer and bank on the development of a gas powered electricity plant in Southern Tanzania.
Negotiated a gas sale agreement and other production rights agreements for a leading gas producer in Tanzania.
Consulted for one of the largest banks in Africa on a turn-key hydro power energy project.
Represented an oil and gas company on a contractual claim over a licence transfer worth USD 2B.
Represented a multinational oil and marketing company before the regulator for a USD 55M claim.
Represented the interests of an affected third party in an oil and gas block dispute in a dispute valued at USD 22B.
Jointly represented some of the largest oil companies in East Africa before the Fair Competition Commission (FCC) of Tanzania in a case that involves alleged boycotting and restriction of supply of petroleum products in the local market with fines imposed amounting to billions of dollars.
Represented an oil and gas company in an indirect transfer of shares transaction offshore on a tax dispute worth in excess of USD 450M.
Acted for two companies on applicability of VAT in a farm in farm out transaction in the oil and gas industry.
Under LCIA/ICC rules, regularly represent clients in arbitration matters cases in London, Dubai, Singapore & Paris.

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