Press Statement by the Negotiation team of the GoS with regards to the
Press Release by the delegation of the GoRSS.

20/1/2012.

The negotiating team of the Government of the Sudan (GoS) on post-
secession issues with the Government of the Republic of South Sudan
has been following the statements and allegations made by
representatives of the Government of South Sudan (GoRSS).
The negotiating team of the Government of the Sudan (GoS) on post-
secession issues with the Government of the Republic of South Sudan
has been following the statements and allegations made by
representatives of the Government of South Sudan (GoRSS) including the
Press Release from Addis Ababa dated 17th January 2012 by the
delegation of GoRSS titled, ‘‘Government of Sudan poisons negotiations
atmosphere in Addis by stealing 1.4 million barrels of South Sudan oil
just days before.”
The negotiating team of the Government of Sudan would like to make the
following response:
1. The GoS entered the process of negotiations with the SPLM/GoSS in
accordance with art 67-3 of the Referendum Act of 2009 to negotiate
and agree on arrangements on pending issues, and was eager to conclude
those negotiations in sound agreement for the realization of viable
economies for the two states. This was translated in the document on
the Guiding Principles that was adopted by the parties and within the
letter and spirit of the Mekelle MoU which launched the process of
negotiations.

2. During this process the negotiating team kept to the spirit and the
Mekelle MoU directives and strived to create an atmosphere of
restraint in the negotiations, refraining from any statements or
remarks that would adversely affect the negotiations. Our preference
has always been the realization of two viable states and economies,
acting on the principle of close cooperation and good neighbourliness.
Unfortunately our proposals for two cooperating states including the
joint management and development of the oil industries in the two
states, close commercial links and cooperation in border trade for the
benefit of the two peoples, were met each time with rejection by the
other party. This rejectionist attitude has been the major reason for
the protracted nature of these negotiations, an attitude that was
fostered and encouraged by the ineptitude towards them by some of
their international political sponsors from outside the African
continent.
3. While the negotiating team of the GoS kept its statements within
the parameters of comity, the other party unfortunately kept using
slanderous language including terms as stealing, robbery, piracy,
theft etc. Those remarks have not even spared the Head of State of the
Sudan. Sudan has contributed immensely to the stability of the region
through its commitment to the full implementation of the CPA.
4. On the allegations brought forward by the negotiation team of the
GoRSS, we would like to clarify the following:
• The Government of South Sudan has failed to reach an agreement with
the Government of the Sudan in respect of transporting its crude oil
through the territory of, and infrastructure under the sovereignty of
the Sudan.
• The GoRSS is labouring under the erroneous assumption that they are
party to the COPAs and COTAs negotiated and signed by the Sudan and
oil companies, an assumption, which is refuted by the principles of
international law.
• GoRSS made intermittent payments which amount to a small fraction of
the fees claimed by the GoS to those private companies under agreement
to which it is not a party without any of these payments being made to
the Sudan .Meanwhile GoRSS proceeded with negotiations with GoS
without showing the necessary good faith to reach a negotiated
convention within a reasonable time.
• The GoS has since 9th of July 2011 presented invoices to the GoRSS
to cover the costs for processing and transporting GoRSSs crude oil
together with a transit fee without receiving any payment from GoRSS
up to date. The GoS has decided accordingly to take its entitlements
of transit fee and other service fees in kind in conformity with
recent legislation passed by the GoS. The GoS has made that clear via
a letter to all stake holders including the Minister of Petroleum and
Mining of the GoRSS , and duly informed all the concerned parties that
its decision will be implemented starting 1st December 2011 . Thus the
allegations that the oil was stolen are baseless and unfounded.
• The GoS, in the face of the stubbornness of GoRSS and their clear
intention not to reach an agreement as long as their entitlements of
crude oil are transported through the territory and infrastructure of
the Sudan and sold free of any agreed fees, decided to apply the
measures of taking in kind its entitlements of transit fees and
charges for other services.
• The GoRSS unilaterally confiscated the assets of Sudapet and
expelled Sudanese employees in the oil industry in the South without
compensation.
• It is important to recall that The GoRSS has rejected an interim
arrangement on oil proposed by the AUHIP which was accepted by GoS and
which we were, and still, are ready to sign. That arrangement would
have allowed the flow of the crude oil of the South through the Sudan
in return for an agreed amount of remittance to the Republic of the
Sudan, until a final agreement was reached between the two states.
This would have averted the current prevailing situation.
5-We would like to re-iterate here that the GoS continues to believe
that two viable states, closely cooperating and in good faith, is for
the optimum benefit of the peoples of the two states. But it takes two
parties to achieve this objective. We remain ready to fulfil that;
however is the other party ready?
6-The negotiation team of the GoS believes it is appropriate for the
two parties to bring their concerns to the negotiation table rather
than negotiating through the media. We call on the international
community, in particular the AU to convince the other party to act as
a responsible state in the letter and spirit of the Mekelle MoU.

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