Code Date City Venue Fees
CM022 03 - 14 Sep 2018 London - UK TBA $11,000 Register
TBA* = To be Announced
Home » Seminars » Contracts Management » Upstream Petroleum Contracts, Accounting & Auditing Policies and Procedures

Introduction

Petroleum doesn't last forever - it is a non-­renewable resource. This fundamentally drives the business decisions of Governments and companies, a key part of which is that most petroleum contracts are structured to contemplate the entire life span of a project, its beginning, middle, and end.  Upstream Petroleum contracts can vary widely in their details, however, all must establish two key issues on how profits are divided between the government and participating companies and how costs are to be treated between the parties.

This training course provides in-depth information on the types of upstream petroleum contracts and what their differences are and what are the main contractual terms participants need to know in order to fully understand all types of Upstream Petroleum Contracts.  The training course will comprehensively cover Production Sharing Contracts, Exploration & Production Agreement (E&P) Exploration & Exploitation Contract, License Agreement, and participants will take away essentials elements of these contracts to be effectively used in their own companies.

In addition, this intensive 10-day training course will also cover the accounting and auditing policies and procedures that are relevant to production sharing contracts.

The training course is designed to be highly practical and includes hands-on inter-active sessions that will help participants understand the practical issues involved and the pitfalls to avoid.  A well negotiated and drafted Upstream Petroleum Contract must stand the “test of time” and provide parties with stability as well as adaptability when circumstances change over the course of the years. 

This training course will highlight:

  • The fundamental types of Upstream Petroleum Contracts
  • The advantages and disadvantages of the different types of Upstream Petroleum Contracts and how it is suitable for specific types of projects
  • Concessions, Production sharing & Risk Service Contract, important details and suitability for any oil and gas upstream project
  • The role of JOA in upstream petroleum contracting Conciliation, Mediation and Settlement of Disputes
  • Understanding the essentials terms of Unitization and Farm-in, Farm-Out agreements
  • Accounting and Auditing policies and procedures

Objectives

Participants will have a working knowledge of Upstream Petroleum Contracts and how to apply this knowledge to administering Production Sharing Contracts. Further, participants will gain working knowledge of accounting and auditing procedures that will need to be implemented. 

At the end of this training course, participants will learn to:

  • Gain a full understanding of the different types of the Upstream Petroleum Contracts
  • Understand the main contractual terms and their differences between the various types of contracts from PSA, Service contracts and others
  • Be aware of the approaches to negotiation of these contracts
  • Incorporate the best terms into these Upstream Petroleum Contracts
  • Learn to formulate accounting and auditing policies and procedures

Training Methodology

Participants will gain greater understanding of the subject matter through presentations by an experienced international practitioner designed to both inform and broaden the perspectives of the participants. Case studies will be reviewed and discussed bearing in mind some of the realistic scenarios participants may encounter.  Interactive discussions to encourage discussion of problems and possible solutions to it will also be incorporated.  Negotiation simulation exercise will help participants get a realistic feel for negotiating a PSA contract.

Organisational Impact

Negotiating Upstream Petroleum Contracts and managing the accounting & auditing policies and procedures with ease will ensure your organization will benefit by:

  • Enhancing your company’s ability to negotiate upstream contracts benefial to the corporation in the short and long term bearing in mind future changes in the industry

  • Improving expertise and skill sets of personnel dealing with accounting and audit policies and procedures

  • Understanding the risk factors in these types of contracts and learning how to mitigate them

  • Enhancing internal capacity to auditing critical areas

  • Better managing claims and disputes by avoiding confrontational approaches

  • Enhancing contract personnel’s negotiation skills and confidence

Personal Impact

Attendees will gain by participation in this training course as a result of:

  • In-depth knowledge gained about Upstream contracts and various interpretations to essential clauses of the contract
  • Managing and mitigating risks associated with Upstream contracts with better accounting and auditing policies and procedures
  • Ensuring smooth contract administration of Upstream contracts
  • Appreciating critical issues involved with auditing procedures
  • Enhancing your ability to negotiate and manage disputes

Who Should Attend?

This training course will benefit all levels of personnel involved in the oil and gas matters. It will enable a broad range of disciplines to appreciate and understand the complexities of Upstream contracts.  The Oil and Gas industry is fast moving and oil and gas personnel must be able to cope with the changes and know what options are available to best manage the various situations that may arise.  

This training course is appropriate to a wide range of professionals but will greatly benefit:

  • Senior contract negotiators and managers
  • Legal managers, legal counsel
  • Commercial and business managers
  • Contracts administrators, and managers
  • Commercial, financial and insurance professionals
  • Project and General Management personnel

Seminar Outline

Day 1

Introduction and Overview of Upstream Petroleum Contracts 

  • Brief overview of the O&G industry
  • Oil and gas terminology
  • The legal framework to Upstream Contracts
  • Introduction to contract formation
  • Key oil and gas terminology
  • Oil and gas industry structure
  • Relationship between different players in the oil and gas industry
  • Phases of the oil and gas industry
  • Oil and gas contract fundamentals and legal principles
  • Territorial water, continental shelf and United Nations Convention on the Law of the Sea (UNCLOS)

Day 2

Contracting in the Upstream Sector – Ownership and Licensing 

  • Ownership and exploitation of reserves
    • The ABCs of Petroleum Contracts: License-Concession Agreements, Joint Ventures, and Production-sharing Agreements
    • Characteristics of upstream contracts
    • Commercial realities of the oil and gas business
    • Agreement with resource holders
    • Ownership of oil and gas
    • Risk Service Contracts (RSCs)
    • Grant of rights by resource holder
  • Host country's legal and regulatory framework and fiscal regime; stabilization
    • Role of host government
    • Key Issues in international oil and gas contracts
    • Negotiation framework and strategy; objectives of host countries/NOCs and IOCs
  • Host Government‘s Role in Upstream Exploration & Production (E&P) Agreements
    • Overview of upstream operations and E&P agreements (types and trends by region)
    • Key differences between Production Sharing Contracts (PSCs), concessions, service contracts and JV contracts
    • Role of Host Government and contracting companies in Upstream Contracts

Day 3

Production Sharing Contracts (PSC) and Joint Operating Agreements (JOA) 

  • Different approaches and levels of complexity
  • New PSC’s in key jurisdictions
  • The role of calculation
  • Understanding the formulas
  • The non-fiscal legal and contractual terms
  • Contractual terms and conditions
  • Royalties and taxes
  • Commercial terms in licensing and concession agreements
    • Fiscal arrangements, license fees
    • Four key financial aspects to a PSC
      • Royalty, The R factor
      • Cost oil
      • Profit oil
      • Taxation
      • Bonuses, Penalties
    • PSC – Cash Flow Distribution
    • PSC – CF Distribution Example – Year N+1
    • Comparison of Fiscal Systems
  • Joint Operating Agreements (JOAs)
    • What is a Joint Operating Agreement (JOA)?
    • Nature, aim and functions of a joint venture
    • Government approval
    • Key areas of the JOA
    • Purpose and scope: participating interests

Day 4

Service Contracts, Farm-In and Farm-Out and Unitization - Risk Bearing and Non- Risk Bearing Service Contracts 

  • Service Contracts
  • Risk Service Contracts
  • Different model forms – sources
  • Risk allocation and insurance
  • Master service contracts
  • Participation Agreements (Farm-in and Farm-out)
    • Agreements for farm-ins and farm-outs
    • Nature of the farm-out
    • Subject matter of the farm-out
    • Interest assigned and reserved
    • Assignment of interest
  • Unitization and Unit Operating Agreements (UUOAs)
    • What is unitization?
    • Unitization in practice
    • Government approval
    • Transboundary unitization

Day 5

Best Practices in Negotiating Production Sharing Contracts & Dispute Management 

  • Negotiating Production Sharing Contracts
    • Government take
    • Production share and cost recovery
    • Local content
    • Force majeure
    • Dispute resolution
    • Stabilisation and renegotiation provisions
  • Negotiation Simulation Exercise
    • Negotiation a PSA with a government entity
    • Objective: The objective is to establish what can be achieved in the meeting, what preparation is needed for it and what strategy should be adopted and then to pursue this strategy
    • Feedback session
  • Negotiation of oil and gas disputes
    • Importance of negotiation in oil and gas business
    • Disadvantages of competitive or positional negotiation
    • Principled negotiation between the parties to achieve best results

Day 6

Fiscal Policy relating to Government and Contractor’s Participation in PSA 

  • Fiscal Policy: Accounting Policy and Procedure for cost recovery claims and expenditure statements
    • Gross revenues at wellheads and reconciliation of reported revenues with other production data and cargo transaction report.
    • Charges, credits and deductions sought in respect of operations
    • Revenue calculation and its apportionment between the States and Contractors
  • Contractor's maintenance of an appropriate standard of operations
    • For the measurement of inventory and sales volumes of all products (gas, LNG and liquids)
    • Contractor's expenditure, classification of expenses,
    • Cost recovery statement and claims and
    • Adjustments made due to costs changes

Day 6

Fiscal Regime’s main features to manage Production and Production Metering

  • Production management and production metering
  • Reconciliation of monthly revenue calculation and product sold as reflected in the cargo transaction report
  • Effectiveness of Operator EPCI contracting controls
  • Cost overruns (or underrun)
  • Scheduling issues
  • Treatment of shared support and logistic costs
  • The apportionment of cost sharing across the project

Day 8

Mechanisms to monitor Downstream Activities & Human Resource Contract Management 

  • Downstream export cost charge for pipeline
    • Adjustment of the operating costs,
    • Net back revenue calculation
    • Affiliate charges and parent company charges
    • On overhead and actual and estimate company overhead
    • Cash management and Inventory management
  • Human Resource Contract Management
    • Payroll administration including time writing control and administration
    • Approved Work Programme & Budgets
    • Actual expenditure as against Work Programmes and Budgets
    • Inventory management, Asset register and Capital asset disposal, depreciation

Day 9

Understanding of Fiscal Model relating to Product Sales, Costs and Claims by Contractors 

  • Product Sales
    • On a spot basis and pursuant to long-term contracts,
    • For gas / LNG
    • Liquids
  • Costs incurred and/or claimed by the Contractors
    • Relating to product marketing for gas / LNG and liquids,
    • The appropriateness of the Contractors' efforts in marketing these resources
    • Other potential revenue derived from both upstream and downstream production streams

Day 10

Audit Procedures, Checks and Monitoring Contractor’s Performance 

  • Audit Areas & Procedures
    • Clarity of mandate of Audit – Scope of audit vis-a-vis contractual provision for Audit
    • Risk sharing mechanism between State and Contractor
    • Understanding relationship between State and Contractor/Operator
    • Understanding relationship between Operator and other constituents of Contractor
    • Minimum Work Program (API, Exploratory drilling, well testing, Declaration of commerciality of discoveries, Discovery Appraisal Program)
  • Financial performance relating to PSA
    • Cost management (cost efficiency)
    • Revenue management (revenue optimization)
    • Accounting (as per provisions of contract)
    • Audit (as per provisions of contract and the laws of the land)
    • Understanding of areas where contractor may be motivated to increase his ‘take’ (increase his benefits and transfer/minimize his risks)
  • Audit Checks
    • Adherence to PSC Provisions
    • Timely submission of work program and budget to Management Committee
    • Production and maintenance – Identifying customers, determination of price, transportation and custody transfer
    • Maintenance and inspection of measurement meters – Safeguards for assets – Health, safety and environment – Site restoration

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Upstream Petroleum Contracts, Accounting & Auditing Policies and Procedures


Upcoming Dates

Code Date Venue Fees
CM022 03 - 14 Sep 2018 London - UK $11,000

Introduction

Petroleum doesn't last forever - it is a non-­renewable resource. This fundamentally drives the business decisions of Governments and companies, a key part of which is that most petroleum contracts are structured to contemplate the entire life span of a project, its beginning, middle, and end.  Upstream Petroleum contracts can vary widely in their details, however, all must establish two key issues on how profits are divided between the government and participating companies and how costs are to be treated between the parties.

This training course provides in-depth information on the types of upstream petroleum contracts and what their differences are and what are the main contractual terms participants need to know in order to fully understand all types of Upstream Petroleum Contracts.  The training course will comprehensively cover Production Sharing Contracts, Exploration & Production Agreement (E&P) Exploration & Exploitation Contract, License Agreement, and participants will take away essentials elements of these contracts to be effectively used in their own companies.

In addition, this intensive 10-day training course will also cover the accounting and auditing policies and procedures that are relevant to production sharing contracts.

The training course is designed to be highly practical and includes hands-on inter-active sessions that will help participants understand the practical issues involved and the pitfalls to avoid.  A well negotiated and drafted Upstream Petroleum Contract must stand the “test of time” and provide parties with stability as well as adaptability when circumstances change over the course of the years. 

This training course will highlight:

  • The fundamental types of Upstream Petroleum Contracts
  • The advantages and disadvantages of the different types of Upstream Petroleum Contracts and how it is suitable for specific types of projects
  • Concessions, Production sharing & Risk Service Contract, important details and suitability for any oil and gas upstream project
  • The role of JOA in upstream petroleum contracting Conciliation, Mediation and Settlement of Disputes
  • Understanding the essentials terms of Unitization and Farm-in, Farm-Out agreements
  • Accounting and Auditing policies and procedures

The seminar is split into two modules:

MODULE I -

MODULE II -

Each module is structured and can be taken as a stand-alone training course; however, delegates will maximise their benefits by taking Module 1 and 2 back-to-back as a two-week training course.

Objectives

Participants will have a working knowledge of Upstream Petroleum Contracts and how to apply this knowledge to administering Production Sharing Contracts. Further, participants will gain working knowledge of accounting and auditing procedures that will need to be implemented. 

At the end of this training course, participants will learn to:

  • Gain a full understanding of the different types of the Upstream Petroleum Contracts
  • Understand the main contractual terms and their differences between the various types of contracts from PSA, Service contracts and others
  • Be aware of the approaches to negotiation of these contracts
  • Incorporate the best terms into these Upstream Petroleum Contracts
  • Learn to formulate accounting and auditing policies and procedures

Training Methodology

Participants will gain greater understanding of the subject matter through presentations by an experienced international practitioner designed to both inform and broaden the perspectives of the participants. Case studies will be reviewed and discussed bearing in mind some of the realistic scenarios participants may encounter.  Interactive discussions to encourage discussion of problems and possible solutions to it will also be incorporated.  Negotiation simulation exercise will help participants get a realistic feel for negotiating a PSA contract.

Organisational Impact

Negotiating Upstream Petroleum Contracts and managing the accounting & auditing policies and procedures with ease will ensure your organization will benefit by:

  • Enhancing your company’s ability to negotiate upstream contracts benefial to the corporation in the short and long term bearing in mind future changes in the industry

  • Improving expertise and skill sets of personnel dealing with accounting and audit policies and procedures

  • Understanding the risk factors in these types of contracts and learning how to mitigate them

  • Enhancing internal capacity to auditing critical areas

  • Better managing claims and disputes by avoiding confrontational approaches

  • Enhancing contract personnel’s negotiation skills and confidence

Personal Impact

Attendees will gain by participation in this training course as a result of:

  • In-depth knowledge gained about Upstream contracts and various interpretations to essential clauses of the contract
  • Managing and mitigating risks associated with Upstream contracts with better accounting and auditing policies and procedures
  • Ensuring smooth contract administration of Upstream contracts
  • Appreciating critical issues involved with auditing procedures
  • Enhancing your ability to negotiate and manage disputes

Who Should Attend?

This training course will benefit all levels of personnel involved in the oil and gas matters. It will enable a broad range of disciplines to appreciate and understand the complexities of Upstream contracts.  The Oil and Gas industry is fast moving and oil and gas personnel must be able to cope with the changes and know what options are available to best manage the various situations that may arise.  

This training course is appropriate to a wide range of professionals but will greatly benefit:

  • Senior contract negotiators and managers
  • Legal managers, legal counsel
  • Commercial and business managers
  • Contracts administrators, and managers
  • Commercial, financial and insurance professionals
  • Project and General Management personnel

SEMINAR OUTLINE

Day 1

Introduction and Overview of Upstream Petroleum Contracts 

  • Brief overview of the O&G industry
  • Oil and gas terminology
  • The legal framework to Upstream Contracts
  • Introduction to contract formation
  • Key oil and gas terminology
  • Oil and gas industry structure
  • Relationship between different players in the oil and gas industry
  • Phases of the oil and gas industry
  • Oil and gas contract fundamentals and legal principles
  • Territorial water, continental shelf and United Nations Convention on the Law of the Sea (UNCLOS)

Day 2

Contracting in the Upstream Sector – Ownership and Licensing 

  • Ownership and exploitation of reserves
    • The ABCs of Petroleum Contracts: License-Concession Agreements, Joint Ventures, and Production-sharing Agreements
    • Characteristics of upstream contracts
    • Commercial realities of the oil and gas business
    • Agreement with resource holders
    • Ownership of oil and gas
    • Risk Service Contracts (RSCs)
    • Grant of rights by resource holder
  • Host country's legal and regulatory framework and fiscal regime; stabilization
    • Role of host government
    • Key Issues in international oil and gas contracts
    • Negotiation framework and strategy; objectives of host countries/NOCs and IOCs
  • Host Government‘s Role in Upstream Exploration & Production (E&P) Agreements
    • Overview of upstream operations and E&P agreements (types and trends by region)
    • Key differences between Production Sharing Contracts (PSCs), concessions, service contracts and JV contracts
    • Role of Host Government and contracting companies in Upstream Contracts

Day 3

Production Sharing Contracts (PSC) and Joint Operating Agreements (JOA) 

  • Different approaches and levels of complexity
  • New PSC’s in key jurisdictions
  • The role of calculation
  • Understanding the formulas
  • The non-fiscal legal and contractual terms
  • Contractual terms and conditions
  • Royalties and taxes
  • Commercial terms in licensing and concession agreements
    • Fiscal arrangements, license fees
    • Four key financial aspects to a PSC
      • Royalty, The R factor
      • Cost oil
      • Profit oil
      • Taxation
      • Bonuses, Penalties
    • PSC – Cash Flow Distribution
    • PSC – CF Distribution Example – Year N+1
    • Comparison of Fiscal Systems
  • Joint Operating Agreements (JOAs)
    • What is a Joint Operating Agreement (JOA)?
    • Nature, aim and functions of a joint venture
    • Government approval
    • Key areas of the JOA
    • Purpose and scope: participating interests

Day 4

Service Contracts, Farm-In and Farm-Out and Unitization - Risk Bearing and Non- Risk Bearing Service Contracts 

  • Service Contracts
  • Risk Service Contracts
  • Different model forms – sources
  • Risk allocation and insurance
  • Master service contracts
  • Participation Agreements (Farm-in and Farm-out)
    • Agreements for farm-ins and farm-outs
    • Nature of the farm-out
    • Subject matter of the farm-out
    • Interest assigned and reserved
    • Assignment of interest
  • Unitization and Unit Operating Agreements (UUOAs)
    • What is unitization?
    • Unitization in practice
    • Government approval
    • Transboundary unitization

Day 5

Best Practices in Negotiating Production Sharing Contracts & Dispute Management 

  • Negotiating Production Sharing Contracts
    • Government take
    • Production share and cost recovery
    • Local content
    • Force majeure
    • Dispute resolution
    • Stabilisation and renegotiation provisions
  • Negotiation Simulation Exercise
    • Negotiation a PSA with a government entity
    • Objective: The objective is to establish what can be achieved in the meeting, what preparation is needed for it and what strategy should be adopted and then to pursue this strategy
    • Feedback session
  • Negotiation of oil and gas disputes
    • Importance of negotiation in oil and gas business
    • Disadvantages of competitive or positional negotiation
    • Principled negotiation between the parties to achieve best results

Day 6

Fiscal Policy relating to Government and Contractor’s Participation in PSA 

  • Fiscal Policy: Accounting Policy and Procedure for cost recovery claims and expenditure statements
    • Gross revenues at wellheads and reconciliation of reported revenues with other production data and cargo transaction report.
    • Charges, credits and deductions sought in respect of operations
    • Revenue calculation and its apportionment between the States and Contractors
  • Contractor's maintenance of an appropriate standard of operations
    • For the measurement of inventory and sales volumes of all products (gas, LNG and liquids)
    • Contractor's expenditure, classification of expenses,
    • Cost recovery statement and claims and
    • Adjustments made due to costs changes

Day 6

Fiscal Regime’s main features to manage Production and Production Metering

  • Production management and production metering
  • Reconciliation of monthly revenue calculation and product sold as reflected in the cargo transaction report
  • Effectiveness of Operator EPCI contracting controls
  • Cost overruns (or underrun)
  • Scheduling issues
  • Treatment of shared support and logistic costs
  • The apportionment of cost sharing across the project

Day 8

Mechanisms to monitor Downstream Activities & Human Resource Contract Management 

  • Downstream export cost charge for pipeline
    • Adjustment of the operating costs,
    • Net back revenue calculation
    • Affiliate charges and parent company charges
    • On overhead and actual and estimate company overhead
    • Cash management and Inventory management
  • Human Resource Contract Management
    • Payroll administration including time writing control and administration
    • Approved Work Programme & Budgets
    • Actual expenditure as against Work Programmes and Budgets
    • Inventory management, Asset register and Capital asset disposal, depreciation

Day 9

Understanding of Fiscal Model relating to Product Sales, Costs and Claims by Contractors 

  • Product Sales
    • On a spot basis and pursuant to long-term contracts,
    • For gas / LNG
    • Liquids
  • Costs incurred and/or claimed by the Contractors
    • Relating to product marketing for gas / LNG and liquids,
    • The appropriateness of the Contractors' efforts in marketing these resources
    • Other potential revenue derived from both upstream and downstream production streams

Day 10

Audit Procedures, Checks and Monitoring Contractor’s Performance 

  • Audit Areas & Procedures
    • Clarity of mandate of Audit – Scope of audit vis-a-vis contractual provision for Audit
    • Risk sharing mechanism between State and Contractor
    • Understanding relationship between State and Contractor/Operator
    • Understanding relationship between Operator and other constituents of Contractor
    • Minimum Work Program (API, Exploratory drilling, well testing, Declaration of commerciality of discoveries, Discovery Appraisal Program)
  • Financial performance relating to PSA
    • Cost management (cost efficiency)
    • Revenue management (revenue optimization)
    • Accounting (as per provisions of contract)
    • Audit (as per provisions of contract and the laws of the land)
    • Understanding of areas where contractor may be motivated to increase his ‘take’ (increase his benefits and transfer/minimize his risks)
  • Audit Checks
    • Adherence to PSC Provisions
    • Timely submission of work program and budget to Management Committee
    • Production and maintenance – Identifying customers, determination of price, transportation and custody transfer
    • Maintenance and inspection of measurement meters – Safeguards for assets – Health, safety and environment – Site restoration

Quality Logo

GLOMACS is registered with NASBA as a sponsor of Continuing Professional Education (CPE) on the National Registry of CPE Sponsors. NASBA have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.

All Training Seminars delivered by GLOMACS by default are eligible for CPE Credit.



© 2018. Material published by GLOMACS shown here is copyrighted.
All rights reserved. Any unauthorized copying, distribution, use, dissemination, downloading, storing (in any medium), transmission, reproduction or reliance in whole or any part of this course outline is prohibited and will constitute an infringement of copyright.

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