The legal system for government control over the implementation of production sharing agreements(Ministry of Oil agreement with Calvale Petroleum Company as a model)An applied analytical study

Abstract

  Oil production is considered one of the most important financial resources in Yemen, and the Yemeni government, after the Yemeni unification, was keen on it by concluding several agreements to share oil production with many foreign companies, as a means to strengthen the national economy and contribute to development, and the oversight role on its implementation One of the most important pillars of combating corruption and achieving this desired development, however, there are some problems and questions raised by the subject of our research, in which we will discuss solutions and remedies:
1- What is meant by production sharing agreements and what are their advantages and disadvantages?
2- What is meant by government oversight over the implementation of partnership agreements?
3- What is the legal system for government control over the implementation of partnership agreements?
4- What is the reality of government control over foreign oil companies? What are its laws and institutions?
 To achieve the objectives of the research, I followed: the descriptive approach, the analytical approach, and the original and applied approach. The legal system for governmental oversight of partnership agreements, and it has three demands: the first requirement: justifications, characteristics, foundations, and objectives, the second requirement: regulatory manifestations and their implications, and the third requirement: legislation and oversight institutions, and then the conclusion: it contains the results and recommendations, accompanied by sources.
The study found:
 Integration of the control process between multiple disciplines; Oversight can only be achieved by the presence of legal, financial, administrative and technical specialists, who are empowered with powers.
- Training and qualification of the functional staff is the main pillar for the establishment of real and effective control, and the provision of an adequate annual budget is the second pillar of its success.
- The existence of legislative shortcomings in government control over the oil sector; For the non-issuance of the oil law.
There is no effective control if preventive and deterrent measures are not taken when errors and violations occur.
  Concluding production-sharing agreements with the absence or weakness of oversight, as their disadvantages are most of their advantages, and cause great damage and tampering with state resources and wasting public money, and exposing the environment to dangerous oil pollutants.