Library / PETROLEUM INDUSTRY ACT, NO. 6, 2021 MIDSTREAM AND DOWNSTREAM PETROLEUM PREVENTION OF ANTICOMPETITIVE PRACTICES AND BEHAVIOUR REGULATIONS, 2026 ARRANGEMENT OF REGULATIONS
PETROLEUM INDUSTRY ACT, NO. 6, 2021 MIDSTREAM AND DOWNSTREAM PETROLEUM PREVENTION OF ANTICOMPETITIVE PRACTICES AND BEHAVIOUR REGULATIONS, 2026 ARRANGEMENT OF REGULATIONS
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79 (d) Record of internal training, audits, and remedial actions undertaken; (e) A compliance certificate signed by the Chief Executive Officer or other senior officer, affirming truthfulness and adherence to this Regulation under penalty of false declaration. 112. Appointment of Competition Compliance Officer (1) The Authority may direct any licensee meeting specified thresholds to designate a Competition Compliance Officer, who shall be responsible for: (a) Ensuring implementation of internal compliance measures; (b) Liaising with the Authority on all matters relating to competition compliance; and (c) Promptly reporting any potential violations. (2) The name and contact details of the appointed Compliance Officer shall be communicated to the Authority and updated as necessary. 113. Record-Keeping Obligations (1) All licensees shall retain records relevant to competition oversight— including contracts, correspondence, pricing and volume data, and access logs—for a minimum period of ten (10) years. (2) The destruction, alteration, or concealment of relevant records, especially where an investigation is known or reasonably anticipated, shall constitute an offence punishable under this Regulation. 114. Compliance Audits (1) The Authority may conduct compliance audits on any licensee either randomly or based on risk indicators. (2) Such audits may involve interviews with personnel, review of contracts and digital records, and assessment of compliance controls. (3) The Authority may issue post-audit compliance recommendations. If the findings are minor and corrected promptly, no enforcement action shall be initiated. However, material violations uncovered during audits may trigger formal investigations and sanctions. 115. Industry Guidance and Advisory Opinions (1) The Authority shall periodically engage stakeholders through workshops, publications, or sectoral guidelines to foster a culture of competition compliance. (2) Licensees may seek non-binding advisory opinions from the Authority on proposed arrangements or conduct with potential competition implications. (3) While not constituting legal clearance, such advisory opinions shall be taken into consideration by the Authority in determining the good faith efforts of the licensee.
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