As a major exporter of petroleum out of Africa, Nigeria plays a vital role in the global energy landscape. Nigeria’s economy depends on petroleum export earnings which necessitate a robust regulatory framework to promote transparency and accountability in petroleum exportation. On 17 June 2025, the Nigerian Upstream Petroleum Regulatory Commission (“NUPRC” or the “Commission”) issued the Guidelines for the Operationalisation of the Advance Cargo Declaration Regulation (the “Guidelines”), which applies to licensees; lessees; and the exporters of crude oil, natural gas, natural gas liquid, and petroleum in Nigeria.¹

The Guidelines serve as a practical roadmap and spell out the procedures for implementing the provisions of the Nigerian Upstream Petroleum Advance Cargo Declaration Regulation 2024 (the “Regulations”).² This two-tiered regulatory approach provides a more integrated and transparent ecosystem for petroleum exportation with the aim to curb illicit activities such as crude oil theft, illegal topping at export terminals, and under-reporting of exported petroleum from Nigeria. It also aims to improve data integrity for subsequent policy formulation.

Mandatory reporting

The Guidelines require that in the first instance, a licensee, lessee, or exporter of crude oil, natural gas, natural gas liquid, and petroleum products from any terminal in Nigeria obtains an export permit, vessel clearance and unique identification number (“UIN”).

Technology-driven submission and assessment

The Guidelines provide that all submissions shall be made electronically. While the export permit is obtained through the Crude Oil Export Permit online platform,³ the vessel clearance is obtained from the Advance Cargo Declaration Online Portal (“ACD Portal”).⁴ To obtain a vessel clearance, the applicant is required to submit its cargo information through the cargo declaration form (“CDF”) on the ACD Portal. These submissions are made prior to the departure of vessels.⁵ The information to be provided in the CDF includes:⁶

a. identity of the producer of the petroleum;

b. details of the exporter of the petroleum (where the exporter is different from the producer);

c. details of the consignee;

d. terminal from which the export is to take place;

e. flag, tonnage, and International Maritime Number of the vessel on which the petroleum is to be exported.

f. expected time of arrival of the vessel at the terminal;

g. nominated quantity to be exported;

h. destination to be petroleum; etc.

Responsibilities of the NUPRC

Once the NUPRC receives an application for vessel clearance, the NUPRC will validate the identity of the export permit holder and verify the volume of products to be exported to ensure that it aligns with the volume declared in the export permit.⁷ Upon concluding its assessments, the NUPRC is required to issue the vessel clearance notification to the export permit holder, which is embossed with the UIN automatically generated on the ACD Portal.⁸ In addition, the certificate of quality and quantity is issued within twenty-four (24) hours of completing the cargo loading process.⁹

The NUPRC may refuse to issue the vessel clearance notification where the information submitted by an applicant is assessed and deemed incomplete, inadequate, or false. This notwithstanding, the application may be resubmitted,¹⁰ provided that the reason for the NUPRC’s refusal was not on the basis that the information was false.¹¹

Penalty

Although the Guidelines do not prescribe a penalty for submitting false information, the Regulations provide that an exporter who provides false information in the CDF shall be liable to an administrative fine not exceeding US$20,000 or the Naira equivalent.¹²
Similarly, any person who exports petroleum without first obtaining the UIN or who is in contravention of the Regulations (and by extension, the Guidelines) shall be liable to an administrative fine not exceeding US$1,000,000 or the Naira equivalent.¹³

Payment for vessel clearance

Licencees, leases, and exporters are required to make relevant payments associated with vessel clearance and UIN procedure into an account designated by the Commission. The following prescribed fees apply to applications under the Guidelines:

SN	Application	Units	Amounts
1	Vessel Clearance Application	Per Barrel Processed	US$0.03 (three United States Cents Per Barrel)
2	Revision of Application	Per Application	US$1.00 (one United States Dollar)

Conclusion

The issuance of the Regulations and its operationalisation through the Guidelines represent Nigeria's efforts towards achieving greater accountability and transparency in the processes for the exportation of petroleum. By leveraging technology and fostering collaboration, the regulator seeks to achieve an accurate representation of Nigeria’s petroleum exports and a data-driven export system in which petroleum and related products exported from Nigeria are duly accounted for. The success of these policies hinges not only on the sophistication of the electronic platform but also on the commitment of the officers charged with its implementation and oversight, as well as the proactive engagement with stakeholders. As Nigeria continues to navigate the global energy market, these regulations, if properly implemented, are not merely procedural enhancements, but strategic imperatives for sustainable national development and economic prosperity.

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1. Paragraph 1.2 of the Guidelines.
2. The Regulations seek to: (a) establish a regime for declaration of petroleum exports from Nigeria; (b) identify and establish a data base of petroleum exports from Nigeria; (c) ensure that only certified production that relates to upstream petroleum operations is exported from Nigeria; and (d) prevent crude oil theft, illegal topping at crude oil export terminals, and under-declaration of petroleum exported from Nigeria.
3. This application shall be supported by documents prescribed under the Procedure Guide for the Determination of the Quantity and Quality of Petroleum Products in Nigeria 2019, issued pursuant to the Petroleum Act 1969.
4. The ACD Portal is a real-time system developed to facilitate seamless integration operations – Paragraph 5 of the Guidelines.
5. The CDF shall be submitted at least five (5) days before time of departure, as failure to do so attracts an administrative charge of US$5,000 or its Naira equivalent – Regulation 4 of the Regulations.
6. Regulation 3(2) of the Regulations.
7. This is a quality control measure that promotes accountability.
8. The UIN on the vessel clearance notification is impressed with the certificate of quantity and quality and other relevant information – Paragraph 3.1(g) of the Guidelines.
9. Paragraph 3.1(h) of the Guidelines. It is worthy to note that Section 7(ee) of the PIA empowers the NUPRC to issue certificates of quality and quantity to exporters of crude oil, natural gas and petroleum products from integrated operations and crude oil export terminals.
10. In this instance, the applicant will not be required to pay an additional processing fee or payment for late application.
11. Paragraph 4.1.2 of the Guidelines. However, where the applicant intends to revise the application for vessel clearance, a fee of US$100 shall be payable (per application) - Paragraph 6.1 of the Guidelines. In the vent that the request for revision is made after issuance of the UIN, the same UIN shall remain assigned to the application - Paragraph 4.2.3 of the Guidelines.
12. Regulation 7(1) of the Regulations.
13. Regulation 7(2) of the Regulations.