The exploitation of the Grand Tortue/Ahmeyim (GTA) gas field, located on the maritime border between Senegal and Mauritania, is an example of exemplary energy cooperation in West Africa. At the heart of this strategic project, the inter-state agreement (ISA) signed in 2018 between the two countries stands out as an innovative legal framework, ensuring harmonious and equitable management of cross-border resources.
According to an in-depth analysis carried out by Abdoulaye Tandia, a legal and tax consultant, as part of a master's thesis defended on 28 December 2020, the ACI is much more than a simple diplomatic agreement. This agreement, rooted in the principles of international law, establishes a binding framework for unprecedented energy collaboration. It aims to prevent legal and tax disputes while ensuring optimal exploitation of the gas field.
Cooperation structured around two pillars
The agreement is based on two key mechanisms. Firstly, the principle of unitisation, inspired by Anglo-Saxon law, treats the GTA field as a single entity, despite its division between Senegalese and Mauritanian jurisdictions. This principle, formalised by a unitisation agreement between the national companies and private partners, guarantees integrated management of operations, avoiding overlaps and disputes.
Secondly, a dynamic resource sharing system has been established, with an initial 50/50 split between the two states. This split, which can be revised based on economic, technical and geological parameters, balances the interests of the parties in the long term, thus ensuring flexibility in response to changes in the project.
A model for Africa
This partnership between Senegal and Mauritania serves as a model for cross-border projects in Africa. By structuring their cooperation through a solid legal framework, the two countries have anticipated the risks of conflict while offering legal certainty to private investors. This approach, described as "intelligent" by experts, illustrates a new generation of African collaborations based on mutual interest and economic stability.
The GTA project, which recently began operations, is a driver of economic development for both nations, with the potential to transform the region into an energy hub. By placing the law at the service of cooperation, Senegal and Mauritania are laying the foundations for a sustainable partnership that could inspire other initiatives on the continent.
TANDIA Abdoulaye
Legal and Tax Consultant