Embassy of Sudan - ANNEX II: Implementation Modalities and Global Implementation Matrix and Appendices

Embassy of the Republic of Sudan
2210 Massachusetts Ave
Washington DC 20008

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THE IMPLEMENTATION MODALITIES OF THE FRAMEWORK AGREEMENT ON WEALTH SHARING

SIGNED AT NAIVASHA, KENYA, 31^ST DECEMBER, 2004

The Implementation Modalities of the Wealth Sharing Agreement

31^st December/2004

Activities	Timing	Executing Body	Funding Sources	Composition and Location	Procedures, Process or Criteria	Clause in the Agreement
A. Land Ownership
1. Institute a process to develop and amend the relevant laws to incorporate customary laws and practices.	During the Pre-interim Period after establishment of land commissions at all levels.	· Land Commissions · Executive Bodies at all levels · Legislature at all levels	· NG · GOSS · States · International Community	Location: Seats of land commissions, legislative and executive bodies	· Land commissions to initiate the process and make recommendations to appropriate executive levels (NG, GOSS and States). · Ministry of Justice (NG, GOSS) to facilitate and support the process · Executive Bodies at all levels to approve and propose necessary bills to appropriate legislative bodies (NG, GOSS and States) to promulgate amended laws within their respective powers.	2.5
2. Establish National Land Commission	After approval of Interim National Constitution	· National Government and Presidency	· National Government · Donors and International community	· By the relevant legislation as per sub-section 2.6.10 of WSA. · Location: Khartoum	· The process to be initiated by the Presidency with facilitation and support from Ministry of Justice · National Land Commission Act	2.6

Activities	Timing	Executing Body	Funding Sources	Composition and Location	Procedures, Process or Criteria	Clause in the Agreement
B. Oil Resources
1. Consultation and participation of communities in the management of natural resources	Pre-Interim Period	· GOS · GOSS · States · NPC	· NG · GOSS	· Joint Technical committee of equal members from GONU, GOSS and producing States	· Create awareness on basic rights and process of participation and consultation as per the CPA.	3.1.2, 3.1.5, 3.1.6, 3.1.7
2. Establish National Petroleum Commission (NPC)	Two weeks after the adoption of the Interim National Constitution and consequent formation of GONU and GOSS.	· Presidency	· National Government	· As provided in sub-section 3.3 of WSA · Location: Khartoum	· To review current relevant legislation in oil sector so as to bring it in line and to comply with the CPA	3.2
C. Existing Oil Contracts
1. SPLM appoint a technical team, to have access to existing oil contracts	D Day + 30 Days	· SPLM · Ministry of Energy and Mining	· SPLM · International community	· Technical Team of 6 members to be appointed by the SPLM · Technical Experts · Location: The Seat of SPLM and contracts to be accessed in Khartoum	· Decision by consensus · Reporting to GOSS within D Day +60 Days · Develop its internal regulations and procedures · Chaired by SPLM appointee · Sign confidentiality agreement as pre-condition as provided in sub-section 4.1 of WSA.	4.1

Activities	Timing	Executing Body	Funding Sources	Composition and Location	Procedures, Process or Criteria	Clause in the Agreement
2. Establish National Petroleum Commission (NPC)	Two weeks after the adoption of the Interim National Constitution and consequent formation of GONU and GOSS.	· Presidency	· National Government	· As provided in sub-section 3.3 of WSA · Location: Khartoum	· To review current relevant legislation in oil sector so as to bring it in line and to comply with the CPA	3.2
C. Existing Oil Contracts
1. SPLM appoint a technical team, to have access to existing oil contracts	D Day + 30 Days	· SPLM · Ministry of Energy and Mining	· SPLM · International community	· Technical Team of 6 members to be appointed by the SPLM · Technical Experts · Location: The Seat of SPLM and contracts to be accessed in Khartoum	· Decision by consensus · Reporting to GOSS within D Day +60 Days · Develop its internal regulations and procedures · Chaired by SPLM appointee · Sign confidentiality agreement as pre-condition as provided in sub-section 4.1 of WSA.	4.1
2. Assess contracts with social and environmental problems	During Pre-interim period and after the recommendation of the Technical Team as provided in sub-section 4.1 of WSA.	· Joint Technical committee (GOSS and National Government) to be appointed by National Petroleum Commission (NPC)	· National Government	· Technical committee of equal members (National Government, GOSS and affected States) · Location: Khartoum	· The committee to set its own rules and regulation. · Co-chaired by GONU and GOSS · May seek technical assistance · Decision by consensus · Reporting to the NPC after its formation in D Day + 9 Months with actions taken within 60 days after the report.	4.3
3. Remedy of persons whose rights have been violated by oil contracts	Upon signing the CPA	Affected persons			· Legal process as provided in sub-section 4.5 of WSA.