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Guidelines for Oil and Gas Insurance Business

Category: Regulators


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Guidelines for Oil and Gas Insurance Business

 

ISSUED BY THE NATIONAL INSURANCE COMMISSION,
ABUJA – NIGERIA
PURSUANT   TO THE PROVISIONS OF THE INSURANCE ACT 2003 AND
THE   NATIONAL INSURANCE COMMISSION ACT I997
 
 1.0 Introduction
 1.1 The National Insurance Commission (hereinafter referred to as the Commission) has the primary responsibility for regulating insurance business in Nigeria and is collaborating with the Nigerian Content Development and Monitoring Board (NCDMB) to ensure compliance with relevant provisions of the Nigeria Oil & Gas Industry Content Development Act 2010 and other laws relating to insurance.
 1.2 This Guideline is issued pursuant to the provisions of Section 50 of the Nigeria Oil & Gas Industry Content Development Act 2010, the Insurance Act 2003 and the National Insurance Commission Act 1997, for the purpose of establishing uniform set of rules, regulations and standards for contracts of insurance within the Oil & Gas industry in Nigeria. 
 
 1.3 This Guideline is intended to facilitate compliance with the Nigeria Oil & Gas Industry Content Development Act 2010 as well as ensure value-added service(s) within the context of the Insurance Act 2003 and the National Insurance Commission Act 1997. 
 1.4 Consequently, the rules contained hereunder shall guide the operation of Oil and Gas insurance business in Nigeria.
2.0 General Requirements
 2.1 All Oil & Gas and associated insurance businesses shall be conducted in accordance with relevant sections of the Insurance Act 2003, the National Insurance Commission Act 1997 and the Nigeria Oil & Gas Industry Content Development Act 2010
 2.2 A person or organization who intends to insure any property located in Nigeria, whether moveable or immoveable, or any insurable interest or liability in relation thereto, shall place such insurance with insurers registered in accordance with the Insurance Act 2003 who may, subject to the Commission’s approval, reinsure the excess overseas where the Nigerian insurance industry lacks adequate capacity to retain the risk.
 2.3 No person or organization shall transact an insurance or reinsurance business with a foreign insurer or reinsurer in respect of any life, asset, interest or other properties in Nigeria, classified as domestic insurance unless with a company registered under the Insurance Act 2003.
 2.4 All insurance arrangements, agreements, contracts or memoranda of understanding relating to any operation or transaction in the Nigerian Oil & Gas industry shall be in conformity with the Insurance Act 2003 and relevant provisions of the Nigeria Oil & Gas Industry Content Development Act 2010.
 2.5 No insurance risk in the Nigerian Oil & Gas industry shall be placed overseas without the written approval of the Commission which shall ensure that Nigerian Local Capacity has been fully exhausted.
 2.6 The establishment of underwriting terms and conditions for any Oil & Gas Insurance Business in Nigeria shall be the responsibility of the insurer/ceding office.
 2.7 A person or organization who contravenes the provisions of paragraphs 2.2. and 2.3 above shall be liable to a penalty:
(i) In respect of sub-section 2.2, to the equivalent of 10 times the amount of premium paid with regards to the policy issued; and
(ii) In respect of sub-section 2.3, to the equivalent of 5 times the amount of premium involved in the business transacted.
3.0 Local Capacity of Insurance Companies
 3.1 “Local Capacity” shall be defined as the aggregate capacity of all Nigeria registered insurers and reinsurers which shall be fully exhausted prior to any application for approval to reinsure any Nigerian Oil & Gas risks overseas.
 3.2 An Insurer’s capacity for Oil & Gas Policies shall be the net retention of that insurer plus its reinsurance treaty capacity. The reinsurance treaty capacity of a consortium of insurers is also acceptable. Any other reinsurance facility, other than treaty is acceptable as an insurer’s capacity, provided there is evidence that the risk has attached and cover provided by an acceptable Security.
 3.3 Where the reinsurance capacity is provided by a foreign reinsurer, it shall be with a company having a minimum Financial Strength Rating (FSR) of “A-” Standard & Poor’s (S&P) or “A” A.M. Best. 
 3.4 Any insurance company or reinsurance broker intending to reinsure/place any Oil & Gas risks abroad must apply for Approval-in-Principle (AIP) and subsequently, Letter of Attestation and Certificate to Reinsure Abroad:
3.4.1 Approval-In-Principle to Reinsure Abroad (AIP):
All requests for Approval-in-Principle to place a specified proportion of risk abroad must be accompanied by the following:
(a) Evidence of exhaustion of local capacity.
(b) Evidence of having interested all other Local Insurers/Reinsurers and their responses (declination) thereto.
(c) Risk details which may be in form of quotation stating the full details of the risks.
(d) Sum insured.
(e) Proportion of the risk to be retained in the Nigeria market
(f) Proportion of the risk to be ceded abroad.
(g) Details of the intended foreign reinsurer(s) and/or placement broker(s) stating:
 (i) Name of the company(ies),
 (ii) Addresses,
 (iii) Proportion of risk to be taken, and
 (iv) Phone numbers/email addresses of contact persons.
 (v) Financial strength rating of the intended foreign reinsurer(s).
(h) Schedule of participating local underwriters.
(i) An undertaking to make details of the placement available on conclusion of the placement.
(j) An undertaking to remit the corresponding 1% Levy to the Commission within 15 days of the receipt of the AIP.
(k) Evidence of conformity with the Nigerian Civil Aviation Authority (NCAA)’s current minimum passenger liability limit in relation to Aviation risks.
(l) Such other requirements as may be prescribed by the Commission from time to time.
3.4.2 Letter of Attestation and Certificate to Reinsure Abroad:
All requests for Letter of Attestation and Certificate to Reinsure Abroad must be accompanied by the following:
(a) Risk details.
(b) Sum insured
(c) Premium Calculation Sheet.
(d) Proportion of the risk retained with Local Insurers.
(e) Signed slip of local underwriters.
(f) Proportion of the risk to be ceded abroad.
(g) Policy documents which will state the policy wordings, conditions and exceptions/exclusions, etc or subject to policy wording being already agreed or an undertaking to provide the policy wording when it has been agreed.
(h) Details of foreign brokers and Commissions payable.
(i) Details of the foreign reinsurer(s) stating:
 (i) Name of the company(ies),
 (ii) Addresses,
 (iii) Proportion of risk to be taken, and
 (iv) Phone numbers/email addresses of contact persons.
 (v) Financial strength rating of the foreign reinsurers.
(j) Schedule of local underwriters including the endorsed placement slip.
(k) Evidence of payment of 1% of Gross Premium ISS levy payable to the Commission.
(l) Evidence of conformity with the Nigerian Civil Aviation Authority (NCAA)’s current minimum passenger liability limit in relation to Aviation risks.
(m) Such other requirements as may be prescribed by the Commission from time to time.
4.0 Reinsurance Arrangement/Security
4.1 All reinsurance arrangements with a foreign reinsurer shall be with a company having a minimum financial strength rating (FSR) of S&P “A-” or A.M. Best “A” rated companies.
4.2 Treaty reinsurance arrangements shall be construed as part of an insurers’ capacity for the purpose of determining local capacity or retention. Any other reinsurance programme/facility shall be acceptable in determining local capacity or retention only after the security has been confirmed for each risk.
4.3 All facilities shall be admitted subject to “value added” such that the insurer gain and/or improve upon technical knowledge of risks within the Oil & Gas industry.
4.4 Without prejudice to any other directive contained in the Commission’s Operational Guidelines (for Insurers/Reinsurers and Intermediaries), all Insurers writing Oil & Gas business are required to submit to the Commission a copy of any reinsurance arrangement as stated in 4.2 above for the following year on or before 15th December of every year.
4.5 Failure to comply with 4.4 above shall be construed by the Commission to mean the insurer intends to transact Oil & Gas business for the following year for its sole account on a net retention basis only.
4.6 Where the affected company accepts business in contravention of Section 4.4 and 4.5 of this Guideline, the Company shall be penalized in accordance with relevant provisions of the National Insurance Commission Act 1997 and the Insurance Act 2003.
 
5.0 Participation Criteria - Insurers
 5.1 All Nigerian registered insurers are eligible to participate in any Nigeria Oil & Gas Insurance business, subject to the limitation as stipulated in the operational license.
 5.2 The certified true copy of license and/or Certification (in the case of Consortium Bidding) issued by the Commission shall subsist for the purpose of determining authorization to transact Oil & Gas or Energy Insurance Business
 5.3 All insurers willing to participate directly in any Oil & Gas or Energy Insurance Business must provide evidence of possession of the following requirements:
(i) Current Tax clearance certificate.
(ii) VAT Registration.
(iii) Evidence of Workmen’s Compensation Insurance.
(iv) Pension Registration and Group Life Insurance Certificate.
(v) Certified True Copy of the insurer’s operational licence.
(vi) Department of Petroleum Resources (DPR) Permit.
(vii) Latest Audited Accounts approved by the Commission.
 5.4 Invitation to tender shall be for the purpose of determining insurance leader on a risk placement contract or on a broking slip. 
 5.5 Insurers intending to follow a Nigerian lead insurer shall respond to an invitation to tender indicating their willingness to follow the lead.
 5.6 Notwithstanding sub-sections 5.1 to 5.5 above, an insurer found to have failed to settle any discharged claims may be excluded by a proposed insured directly or through his broker until such outstanding claims are paid.
 5.7 Pool, Syndicates or Consortia Bidding shall be allowed subject to the following:
(i) All consortia/syndicates shall have a contracting leader who will bid on behalf of its members. 
(ii) Members of the Consortium shall make available all documents required in the pre-qualification adverts to their contracting leader who will collate and submit a bid for and on behalf of the consortium on single entry basis.
(iii) The liability of members of the consortium shall be joint to any insured and several amongst themselves. It is the responsibility of the leader of the consortium to coordinate the processing of the insured claims and to issue
 
a single discharge voucher followed by issuance and delivery of cheque in settlement of the entire claim within 90 days. 
(iv) Where a member of the consortium fails to settle a claim, the leader of the consortium must settle in full.
(v) Every consortium must be certified or approved by the Commission which shall be renewable annually. 
(vi) The Leader of the consortium/syndicate shall apply for renewal of the certificate on or before the 31st of December of each year.
 5.8 Dual bid shall not be allowed. Thus an insurer can only bid on individual basis or as a member of a consortium.
6.0 Participation Criteria - Brokers
 6.1 All Insurance Brokers holding current licence of the Commission shall be eligible to provide broking services in Oil & Gas insurance business.
 6.2 Insurance Brokers intending to participate in Oil & Gas Insurance Business shall have an office in at least one of the Oil Producing States of Nigeria and shall file evidence of such with the Commission.
 6.3 The Insurance Broker must possess a current professional indemnity policy with a minimum limit of liability of N100million
 6.4 The Insurance Broker must possess a certified true copy of its operational licence.
6.5 The Insurance Broker must possess the following requirements:
(i) Current tax clearance certificate
(ii) Current VAT Registration
(iii) Current Evidence of Workmen’s Compensation Insurance
(iv) Pension Registration and Group Life Insurance Certificate
(v) Department of Petroleum Resources (DPR) Permit.
(vi) Latest Audited Accounts
 6.6 Any Insurance Broker, who desires to participate in any Oil & Gas Insurance placement, must have at least one experienced staff in Oil & Gas Insurance business in its employment.
 6.7 Consortium bidding may be allowed for Insurance Brokers holding current licence of the Commission subject to the following:
(i) All consortia/syndicates shall have a contracting leader who will bid on behalf of its members.
(ii) Members of the consortium shall make available all documents required in the pre-qualification adverts to their contracting leader who will collate and submit a bid for and on behalf of the consortium on single entry basis.
 6.8 All quotations submitted by an Insurance Broker must contain the following:
(i) Statement that the quotation is supported by a Lead Underwriter whose identity and participation must be clearly specified.
(ii) An undertaking that the quotation is valid for a period of thirty (30) days following the close of bid.
(iii) A selected broker that fails to secure placement of the risk at the quoted terms shall be disqualified from participating in subsequent Oil & Gas bids for a period not less than three (3) years.
 6.9 An Insurance Broker who participates in any Oil & Gas Insurance business in contravention of the provisions of sub-sections 6.1 to 6.8 above shall be liable to a penalty equivalent to 5 times the Brokerage Commission receivable therefrom and may be banned from future participation in any Nigerian Oil & Gas insurance business.
7.0 Captives
 7.1 Participation of a captive in its parent company’s insurance business shall be subject to prior satisfaction of the Local Capacity.
 7.2 Captives shall only participate to provide added capacity to Local Insurers.
 7.3 Any captive willing to provide reinsurance capacity to a local insurer must meet the minimum financial strength rating under this Guideline. 
 7.4 A captive for the purpose of this section shall be any company wholly owned by the parent company and restricted to writing the insurance business of its parent company only.
8.0 Submission of Oil & Gas Insurance Returns
8.1 All Insurance companies are required to render quarterly returns on all Oil & Gas Insurance Contracts accepted within the quarter indicating the following details:
(i) Name of the Insured
(ii) Proportion of its shareholders’ funds committed to its Oil & Gas insurance portfolio and its distribution between construction and operational risks acceptances.
(iii) Nature of the Insurance;
(iv) Aggregate and highest individual values at Risk
(v) Proportion of per risk retained
(vi) Premiums
(vii) Name of Broker (s)
(viii) Commissions paid
(ix) Claims reported (if any);
(x) Actual claims amount paid;
(xi) Claims outstanding (if any) and reasons;
(xii) Name of the Loss Adjuster (where necessary)
(xiii) Annual progress Returns on Manpower Development (effective January 2012).
(xiv) Such other requirements as may be required by the Commission from time to time.
8.2 The penalty for failure to submit the returns specified in 8.1 above shall be as prescribed by relevant sections of the Insurance Act 2003.
9.0 Commissions
 9.1 All insurers and brokers shall be required to disclose and submit separate accounts on commissions received and their expense account.
 9.2 All insurance business shall be transacted on gross premium basis only and no discount shall be paid out except as prescribed by the Insurance Act 2003 or regulation made by the Commission.
 9.3 It shall be an offence punishable in accordance with the provisions of the Insurance Act 2003 to pay commission to any person who is not duly licensed by the Commission. 
10.0 Claims Administration
 10.1 Claims shall be administered in accordance with the standard insurance practice, except that in the case of a consortium; settlement of claims shall be the sole responsibility of the leader.
 10.2 All discharged claims shall be settled immediately as prescribed by the Insurance Act 2003.
 10.3 Failure to settle discharged claims shall attract sanctions as stipulated by Sections 70(2) of the Insurance Act 2003.
 10.4 Consistent failure to settle discharged claims promptly may lead to the withdrawal of the licence of the insurer as stipulated by Section 8(1)(m) of the Insurance Act 2003 and the insurer may be wound up by the Commission in accordance with the provisions of sections 8 and 32(1)(b) of the Insurance Act 2003.
 
 
 10.5 No foreign loss adjuster shall attend to any claims in the Nigeria Oil & Gas sector without the express permission of the Commission on such terms and conditions as may be stipulated in the approval. Similarly, the foreign loss adjuster shall handle the assignment with and in collaboration with at least one loss adjusters registered under the Insurance Act, 2003.
11.0 Prudential Standards
11.1 Reinsurance arrangements approved by the Commission shall be construed as part of an insurers’ capacity provided it is structured to protect aggregate losses with maximum retention not being more than 5% of an insurer’s Shareholders’ Funds.
 11.2 Where an insurer chooses to write any risk for its net account only without reinsurance backing and/or support described in Section 4.0, the insurer shall not commit more than 5% of its shareholders’ funds as determined under prior year audited account approved by NAICOM.
 11.3 Retention under any treaty or other reinsurance arrangements shall be aggregated on an annual basis per risk and shall not constitute more than 5% of shareholders’ fund for operational risks and 2.5% of shareholders’ fund for construction risks.
 11.4 Failure to comply with the provisions of this section shall result in the company being banned from writing further business in this class and may lead to the suspension or withdrawal of its license as provided by the Insurance Act 2003.
12.0 Manpower Development
 12.1 All Insurance companies and brokers participating in Oil & Gas shall be required to institute a process of manpower development and render annual progress returns to the Commission.
12.2 Evidence of submission of annual progress Returns on Manpower Development shall be a requirement for bidding, effective January 2012.
13.0 Conflict Resolutions
 13.1 Where there is conflict between stakeholders on any requirements in respect of insurance matters in fulfillment of the provisions of the Nigerian Oil & Gas Industry Content Development Act 2010, the Commission shall clarify matters within the ambit of the Insurance Act 2003 and may do so in collaboration with the NCDMB.
 
Source: NAICOM
 


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