Oil and Gas
KAA has been at the forefront of the development of the energy practice in Uganda. We have been at the forefront of the oil and gas industry and are one of the few firms that have negotiated Production Sharing Agreements, Petroleum Licenses, and the set up of oil and gas companies in Uganda. We have advised on the full spectrum of the oil and gas value chain to wit; upstream, midstream and downstream sectors.
We have a vibrant team which provides advice on a wide range of transactional matters in diverse practices which include employment matters, land matters, social and environmental impacts. Our team is highly skilled in providing legal services to clients at every stage of their businesses.
We have experience dealing with complex large scale transactions including negotiating PPAs, (Power Purchase Agreements), rights of way, access to land, resettlement of project affected persons, negotiating Production Sharing Agreements to mention a few.
Our team of lawyers has diverse specialisations and we take the time to understand our clients’ business needs and provide practical legal solutions intended to meet the business needs and promote business continuity. The various departments in the firm work as part of an ecosystem and draw from each other’s synergies to find legal solutions from various angles of the law.
Our Energy and Natural Resources practice is headed by Hon. Dr. Elly Karuhanga, who has been chairman of the Uganda Chamber of Mines and Petroleum from its inception in 2010 to date a non-governmental umbrella body representing all aspects of Uganda’s mining and petroleum industry. He also served as President of Tullow Uganda operations Pty Limited from 2007 to 2012. Elly is assisted by partners: Elison Karuhanga and Bruce Musinguzi; a Consultant, Kristina Kasibayo; associates Miranda Kabatsi and Rayner Mugyezi and legal assistants Martha Mutamba and David Bahige.
Milestones
Our firm has acted as legal adviser to various clients on renewable energy projects and outlined below is a summary of our recent projects:
• Arpe Limited on the Agago- Achwa hydro power project of 83MW: – This project was licensed by the Electricity Regulatory Authority (ERA) KAA is currently acting for the developer during project implementation.
• Mota Engil Africa: – The firm, together with Simmons and Simmons has advised has advised Mota Engil Africa on its plans to build a 392 MW Hydo Power plant at Ariang.
• Muvumbe Hydro Limited: This is owned by Vidullanka Plc Muvumbe Hydro Power Project, of 6.5MW. This project was licensed by the Electricity Regula- tory Authority and also qualified for the Global Energy transfer Feed-in-Tariff Program (GET FiT program).
• R & I Hydro Power Limited: – KAA advised on the construction of a 10MW dam in Uganda.
• Hemas Power Limited: – KAA advised on the Butama hydro power project of 5MW.
• Berkerly Energy Fund: KAA advised this client on the Achwa HPP3 project of 9.9MW, 7.6 MW and 5 MW.
• Absolute Energy: – KAA advised this client on the implementation of power projects in various off grid areas in Uganda.
2. a) Petroleum (Oil and Gas)
• As soon as Uganda struck oil in 2006, KAA was one the first law firm in Uganda that was retained to advise Hardman Petroleum Pty Limited and subsequently Tullow Uganda Operations Pty Lim- ited and or Tullow Uganda Limited on various matters such as but not limited to petroleum operations, commercial, legal, human resources and tax matters.
The Key Highlights of KAA’s work advising international oil companies in Uganda in the upstream sector are
• KAA advised Tullow Oil Plc (Tullow) regarding a tax dispute of USD$ 313 that Tullow paid to Government of Uganda on behalf of Heritage Oil and Gas(Heritage) in lieu of Heritage’s unpaid capital gains tax following its US$1.45 Billion Farmdown in 2010. on Heritage in lieu. KAA also advised Tullow
on its tax liability following its farm-down worth US$ 3.9 Billion farm down to Total E&P Uganda (Total) and CNOOC Uganda Limited (CNOOC);
• KAA was retained as a legal advisor for Tullow during the negotiations of its first Production Sharing Agreement with Government of Uganda;
• We recently advised an upstream operator on Government’s proposed back into a joint operating agreement for the Tilenga Development Project;
• The firm participated in the first competitive licensing round in Uganda where we advised one of the successful bidders Oranto Petroleum. We also helped negotiate Oranto’s Production Sharing Agreement with Government. To date, KAA has been retained as the local principal legal advisor for Oranto’s
petroleum operations in Uganda;
• We have advised upstream operators on matters related to land access and compensation from the exploration to development phase within the Albertine Graben;
• The firm also acts company secretary for the Uganda Chamber of Mines and Petroleum;
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