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Nigeria – Sao Tome & Principe

JDA22@NISP

Africa

Treaty between the Federal Republic of Nigeria and the Democratic Republic of Sao Tome and Principe on the Joint Development of Petroleum and other Resources, in respect of Areas of the Exclusive Economic Zone of the Two States

[JDA22@NISP#1 Treaty between Nigeria Sao Tome 2001]


Nigeria – Sao Tome & Principe

Agreement Date: 21 February 2001

Maritime Border Undefined

Joint Authority

Summary:

The maritime boundary between the states remained unconfirmed after Nigeria rejected Sao Tomé & Principe’s equidistance boundary claim on the basis that Nigeria’s longer coastline warranted an adjustment in its favor. Nigeria also did not accepted Sao Tome’ archipelagic baseline drawn between the islands of Sao Tome and Principe.


In 2000, the two States agreed to a JDA arrangement in the area of overlapping claims.  The northern portion of the JDA was defined by EEZ outer limit claimed by Sao Tome and Principe, in the case Principe island were to be given full effect, and the southern line represented the limit of the Nigerian maximalist claim giving no weight to Principe island in delimitating its EEZ.  The revenue split is unusual: Nigeria 60 per cent, São Tome and Principe 40 per cent.


In 2001, a Joint Ministerial/ Technical Committee created the Joint Development Authority to conduct the management of the JDA aimed at achieving optimum commercial utilization. 


Split:

Within the Zone, there shall be joint control by the States Parties of the exploration for and exploitation of resources, aimed at achieving optimum commercial utilization. The States Parties shall share, in the proportions Nigeria 60 per cent, São Tome and Principe 40 per cent, all benefits and obligations arising from development activities carried out in the Zone in accordance with this Treaty. The split is without prejudice to its continuing maritime delimitation negotiations

<From JDA22@NISP#1 [3]>

Governance:

The Zone is hereby established as an area of joint development by the States Parties in accordance with, and for the purposes set out in, this Treaty.


A Joint Ministerial Council for the Zone is hereby established. The Council shall comprise not less than two nor more than four Ministers or persons of equivalent rank appointed by the respective Heads of State of each State Party.


The Authority is hereby established. The Authority shall have juridical personality in international law and under the law of each of the States Parties and such legal capacities under the law of both States Parties as are necessary for the exercise of its powers and the performance of its

functions. In particular, the Authority shall have the capacity to contract, to acquire and dispose of movable and immovable property and to institute and be party to legal proceedings.


As soon as practicable following the entry into force of this Treaty and in any event within a three-month period, the Authority shall prepare for the approval of the Council a regulatory and tax regime consistent with this Treaty


<From JDA22@NISP#1 [2][6][9][21]>

Other References:


<<<<Biang>>>>


Lyydia Kilpi, EITI News Blog,  'From high hopes to high costs: rethinking the oil sector in São Tomé and Príncipe' Oct 12, 2015

JDA Institute Locator ; Original Source


Sani Saidu, 'Impacts of Employment Opportunities within the Nigeria São Tomé and Príncipe Joint Development Zone' Summer 2014 The Macrotheme Review 3(6), 

JDA Institute Locator ; Original Source

Implementation Agreements Source Locators:


JDA Institute Locator ; Original Source

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