Designing Competitive Tenders For Africa’s Upstream Markets

Africa’s upstream sector is not short on opportunity, with oil and gas tenders being launched for onshore, deepwater, greenfield and brownfield acreage in Angola, Nigeria, Mozambique, Kenya, Tanzania and Liberia, among other markets. Yet for African countries to better compete for global exploration capital, their respective licensing processes, frameworks and terms must encourage new investment. Featuring up to seven African licensing rounds, the Invest in African Energy (IAE) 2025 Forum in Paris will explore strategies for designing more competitive oil and gas tenders on the continent, as well as highlight the markets that have already implemented successful upstream reforms.

Creating Stable Regulatory Frameworks

The establishment of transparent and stable regulatory frameworks is crucial for attracting upstream investors, who are more likely to commit capital when they have clarity on the legal and regulatory environment. This includes ensuring that laws governing oil and gas exploration, production and taxation are well-defined and consistently applied, as well as establishing independent regulatory bodies that can enforce regulations impartially. Angola – which will launch a 10-block limited public tender in 2025 – has been recognized for both. Its Petroleum Activities Law provides investors with a clear understanding of their obligations and rights, while its National Agency of Oil, Gas & Biofuels independently oversees the award of licenses and has gained the trust of upstream investors.

Following overwhelming interest in its prolific offshore Orange Basin, Namibia adopted a more streamlined licensing system at the start of this year, restricting open-door negotiation to a two-month period to eliminate bottlenecks and accelerate the evaluation of bids. Similarly, Liberia opened a direct negotiation licensing round earlier this month, featuring 29 offshore blocks in the Liberia and Harper basins and supported by over 26,000 km² of 3D data. The upcoming forum will explore licensing opportunities in both countries and their commitment to a stable and favorable investment environment.

Ensuring Transparent Bidding Processes

To enhance the attractiveness of oil and gas tenders, bidding processes must be competitive and transparent. A well-structured, open bidding process can build investor confidence and encourage participation from a broad range of companies, allowing them to compete on equal terms. Nigeria’s Marginal Fields Bid Round in 2020 was one of the most transparent in the country’s history, attracting a diverse range of bidders, with over 600 companies registering to participate and licenses awarded to Nigerian companies including Matrix Energy, SunTrust Oil, Shoreline Natural Resources, Seplat Petroleum Development Company and Green Energy International. As the country launched its latest bidding round in April 2024 – placing 36 blocks on offer across the onshore Niger Delta, Continental Shelf and deep offshore for a period of nine months – the Nigerian Upstream Petroleum Regulatory Commission has promised transparent evaluation processes and competitive entry fees, specifically inviting the participation of indigenous companies with sufficient technical expertise and financial resources.

To ensure transparent and efficient tenders, Kenya utilizes e-bidding platforms for various procurement processes, including in the oil and gas sector, which electronically manages the entire process from the advertisement of tenders to the submission and evaluation of bids. The country’s Ministry of Energy and Petroleum plans to launch its first licensing round in late-2024 or early-2025 offering 45 onshore and offshore blocks.

Offering Competitive Fiscal Terms

African licensing rounds should establish competitive fiscal terms, which encourage investment and adapt to changing market conditions, while providing contractual stability and safeguarding government revenues. Angola’s reforms to its fiscal regime, including reduced taxes and royalties for marginal fields, have made the development of marginal fields more economically viable and led to the first-time inclusion of five marginal fields in the 2025 bid round. Meanwhile, incentives for high-risk or frontier areas such as tax breaks and reduced royalties can catalyze investment in emerging markets. Uganda’s fiscal regime – which includes stabilization clauses that protect oil companies from adverse regulatory changes, as well as joint and several liability to ensure tax recovery – have attracted major investors including TotalEnergies and China National Offshore Oil Corporation to the Albertine Graben, a highly prospective yet frontier basin. The regime also features progressive royalty structures that increase with production, ensuring revenue responsiveness to market conditions. Contract stability is another key incentive. Mozambique – which is preparing the launch of its seventh licensing round in 2025 – has been able to attract large-scale upstream investment in part due to its ability to secure long-term LNG offtake agreements.

Prioritizing Local Content and Capacity Building

Designing realistic local content policies (LCPs) that gradually increase over time, while being beneficial to the host country, is also critical to attracting upstream investment at an early stage. Following its world-class offshore discoveries, Namibia has fast-tracked the development of its Namibian Content Policy, which is nearing finalization, focusing on facilitating market access and financing for Namibians. Tanzania has also prioritized the development of comprehensive local content requirements – expected to drive interest in its fifth oil and gas licensing round to be launched later this year – as well as encourage joint ventures between international companies and local firms to build local expertise. The Tanzania Petroleum Development Corporation is collaborating with Indonesia’s state-owned Pertamina to provide human resource training and upskilling, following Pertamina’s interest in Tanzania’s upstream oil and gas exploration scene.