Source: Africa Press Organisation – English (2) – Report:
BRAZZAVILLE, Republic of the Congo, February 12, 2025/APO Group/ —
The matter of the gas code will undoubtedly be discussed at the Congo Energy & Investment Forum, taking place from March 24-26, 2025, in Brazzaville. This regulatory milestone aims to provide a clear and structured framework for gas exploration, production and commercialization, boosting investor confidence and unlocking the full potential of the country’s vast natural gas reserves. As part of the forum, CLG Congo, a leading legal and commercial advisory firm in the energy sector, will play a key role in discussions surrounding regulatory reforms. In an interview with Energy Capital & Power (ECP) (www.EnergyCapitalPower.com), Yves Ollivier, Managing Director and Daoudou Mohammad, Director of Tax & Legal at CLG, shared their insights on the country’s upcoming Gas Code, regulatory landscape and upcoming opportunities.
Please provide an overview of CLG’s current activities in the Congo, particularly in relation to the energy sector?
CLG Congo is a leading provider of legal, tax, and commercial advisory services, working closely with oil and gas companies. In 2024, CLG was involved in Trident Energy’s acquisition of Chevron and TotalEnergies’ interests in the Lianzi, Nkosa and Nsoko 2 and Moho Bilondo fields. Trident now holds15,75% in Lianzi field, 85% in Nkosa and Nsoko 2 fields and 21.5% in Moho-Bilondo. To expand our client base, we actively participate in major energy events, such as African Energy Week in Cape Town and are honored to partner with Capital Energy & Power as legal counsel for CEIF 2025.
How does the Republic of Congo’s legislative framework impact foreign investment in hydrocarbons?
Historically, about 80% of direct investments in the country come from oil and gas, reflecting its economic dependence on hydrocarbons. To enhance investment conditions, the government has created investment promotion structures, including a Public-Private Partnership (PPP) Agency and a dedicated Ministry for International Cooperation and for Public-Private Partnership.
The 2016 Hydrocarbons Code introduced competitive bidding for exploration rights, increasing transparency and investor confidence. However, a Gas Code is still needed to provide a specific legal framework for natural gas investments. The current draft, developed with international institutions, aims to secure foreign capital and streamline regulations for a more competitive and structured industry.
What fiscal incentives does Congo offer to attract energy investments?
The government provides among others, corporate tax exemptions and progressive tax reductions for oil and gas projects, negotiated within the Production Sharing Contracts. Companies also benefit from customs incentives, such as the IM5 temporary import regime, allowing tax-free equipment imports under the condition of re-export. These measures lower entry costs for investors and enhance profitability.
What are the key expectations from the Gas Code and how could the regulatory framework improve investment conditions?
The Gas Code, expected in 2025, will provide a clear legislative framework for gas monetization, fiscal terms, and resource management. The draft was presented to gas companies in late 2023, and after modifications, is set for final approval. Additionally, the Gas Master Plan, developed by SNPC and McKinsey, aims to boost investment and expand gas utilization in Congo.
Another key issue is the VAT decree (2023-1337), which extends VAT to previously exempt oil and gas operations. There are ongoing discussions between the government and industry players to find a compromise that suits all parties.
How does the regulatory framework impact local content development in the oil and gas industry?
Despite 2019 local content decrees, enforcement remains a challenge. The law mandates 70% Congolese employment in management roles, but lacks clear compliance mechanisms. Companies try to follow the guidelines, but without effective monitoring, implementation varies. Strengthening verification processes is essential for sustainable workforce development in the sector.
What are your key expectations for the Congo Energy & Investment Forum 2025?
We see this as an opportunity to engage with foreign investors and showcase Congo’s gas potential, which includes proven reserves of 284 billion cubic meters and significant ongoing projects such as Eni’s Tango FLNG and Wing Wah’s Banga Kayo Gas Project. The forum will allow direct dialogue with policymakers, enabling us to propose solutions for industry challenges such as the Gas Code finalization and fiscal reforms. We also aim to highlight investment opportunities and regulatory reforms. Discussing topics like the Gas Code, VAT decree, and Hydrocarbons Code updates is crucial to ensuring a competitive and attractive investment environment.