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Regulatory Compliance Framework in Western Sahara Raises Questions

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A recent agreement between an Israeli company and occupied Western Sahara has sparked concerns over regulatory compliance, with questions surrounding which laws govern the territory.

The Disputed Agreement

NewMed Energy, an Israeli company, signed a deal for hydrocarbon exploration in the disputed region, claiming to operate under “the laws in force.” However, it remains unclear which country’s laws apply. When queried by Western Sahara Resource Watch (WSRW), NewMed VP Regulatory and Public Affairs Nadav Perry stated that the company follows international law, Israeli law, and the laws in force. However, when pressed on which country’s laws are applicable to Western Sahara, Perry failed to provide a clear answer.

International Recognition of Western Sahara

The United Nations, European Union, African Union, International Court of Justice, EU Court of Justice, and African Court of Peoples’ and Human Rights all recognize Western Sahara as not being part of Morocco. This casts doubt over NewMed’s claim that it operates under “the laws in force.”

The Company’s Silence

WSRW has repeatedly requested clarification from the company, only to be met with silence.

A History of Controversy

The controversy surrounding NewMed’s activities in occupied Western Sahara comes as the company is set to merge with UK-based Capricorn Energy, a firm with a history of operating in the disputed territory. In 2015, Capricorn partnered with Kosmos Energy to conduct an offshore drilling operation in Western Sahara, leading several investors to divest from both companies due to ethical concerns.

Call for Accountability

As questions over regulatory compliance persist, WSRW urges the international community to hold NewMed and other companies accountable for their actions in occupied Western Sahara.