The controversial memorandum of understanding between the National Unity Government of Libya (Gun) and the Government of the Republic of Turkey on cooperation in the field of hydrocarbons. The document has a validity of three years, renewable for another three, and was signed last October 3 in Tripoli for the Turkish side by the Minister of Energy and Natural Resources, Fathi Donmez, and for the Libyan side by the Minister of Economy, Mohamed Hweij, but on behalf of the Minister of Oil, Mohamed Aoun. The latter publicly criticized the choice of the outgoing prime minister, Abdulhamid Dabaiba, to sign the agreement while he was abroad, to be exact on a visit to South Africa. It is, in hindsight, one of the many disputes concerning the confidential document, of which "Nova Agency”Came into possession, harshly criticized both at home and abroad.
In the introduction, the protocol in its English version (the other two are in Arabic and Turkish) seen by "Nova”Underlines the depth of relations between the two countries and the“ desire to further develop existing cooperation in the hydrocarbon sector ”. A reference, the latter, to the agreement signed in Istanbul on November 27, 2019 on the delimitation of maritime borders, however, considered illegal under international law. Article 1, dedicated to "Aims", Highlights in the first paragraph how the main purpose is" to promote the development of bilateral scientific, technical, technological, legal, administrative and commercial cooperation between the parties in the hydrocarbon sector ". In the second paragraph, the means by which these objectives must be achieved are listed, such as the exchange of information, experiences, skills, expertise; training of human resources; the organization of seminars, conferences and themed meetings.
Article 2 of the memorandum of understanding is dedicated to "Forms of cooperation”And is divided into six paragraphs. At the first point, the parties undertake to cooperate “a) in projects relating to the development and use of hydrocarbon resources; b) in the development of projects relating to the exploration, production, transport, refining, distribution and trade of hydrocarbons; c) in the production and trading of oil and gas, petrochemical products, refined petroleum products d) in the exchange of experiences and in the organization of training activities in the market structures of natural gas and oil, including legislative studies ”.
In the second paragraph, Turkey and Libya confirm "their shared interest in ensuring the exploration, development and increase of hydrocarbon production in both countries". In this regard, the parties agree to "ensure the implementation of integrated projects in order to promote exploration, development and production in the onshore or offshore resources of both countries". In particular, the text continues, the Libyan side ensures that the National Oil Corporation (NOC) will invite the Turkish Petroleum Corporation (Tpao, including the consortia where the Turkish company is involved) "to participate in Libya's onshore and offshore projects, based on the procedures applied" in the North African country.
Not only. To the third paragraph, the Libyan side ensures that Noc should sign agreements or contracts with Tpao, again on the basis of the procedures applied in Libya, "to carry out oil operations (including but not limited to exploration, estimates, development, production, separation, treatment, storage and transportation) in existing and future fields and areas onshore and offshore where Tpao intends to enter ". To the fourth paragraph of the second article, Noc and Tpao are encouraged to "establish joint companies, promote the services of companies (...) in the hydrocarbon sector to establish partnerships and support the use of seismic research vessels and drilling platforms available in Turkey and usable by Tpao, in order to explore, develop or produce existing or future hydrocarbon resources in Libya ”.
Il fifth paragraph he adds that the parties "agree to cooperate in the development of existing and / or additional oil and gas pipeline systems in Libya". In this regard, “the feasibility of the projects carried out by Boru Hatlari ile Petrol Tasima Anonim Sirketi (Botas) and / or by entities designated by the parties through diplomatic channels will be assessed”. Finally, the sixth paragraph of article 2 encourages cooperation "through the Turkish Petroleum International Company (Tpic) and / or by entities designated by the parties for diplomatic channels in the oil, gas, petroleum and petrochemical products trade".
Il third article relates to "Investments" and consists of three short paragraphs in which the parties agree to "encourage their respective public and private companies to invest in the hydrocarbon sector", while supporting the creation of joint ventures and specialized companies. L'Article 4 is dedicated to "Secrecy" and provides that "the conclusion and the result of the cooperation carried out under this memorandum remain confidential". L'Article 5 provides that "any dispute between the parties on the interpretation, application and implementation of this memorandum of understanding will be resolved amicably through consultation or negotiation between the parties". L'Article 6 he explains that "any amendment" to the text "can be made at any time, with the written consent of the parties".
THEArticle 7 relating to the "Entry into force, duration and termination" of the agreement provides that the activation starts "from the date of implementation of the last written notification with which the parties respectively inform each other, through diplomatic channels, of the completion of the respective legal procedures required ". The term is three years renewable "unless one party notifies the other of its intention to terminate this memorandum at least three months before termination". The agreement can also be terminated at "any time, with three months' notice". The termination of the memorandum, the last paragraph reads, "should have no effect on the activities and projects underway or executed".