Civilian Complaint Review Board

Established in its current incarnation in 1993 under the leadership of former New York City Mayor David N. Dinkins, the Civilian Complaint Review Board asserts to be the largest civilian oversight agency of its kind within the United States, and investigates thousands of civilian complaints each year. Even though it has only existed in its current form for a little over a decade, the conception of a board delegated power to investigate complaints about potential police misconduct predates the administration of Robert Wagner, who was responsible for investing the nascent Civilian Complaint Review Board-which was then comprised solely of three deputy police commissioners-with new powers in 1955. However, it remained a province of the NYPD, with all investigations being conducted by police officers, and their findings forwarded to the deputy commissioners for recommendation. In 1965, Mayor John Lindsay would ask former federal judge Lawrence E. Walsh to conduct an investigation into the role of the review board. He would recommend that members of the general public, non-police officers, be given substantial authority in any new civilian complaint review board. Subsequently, Lindsay designed a search committee tasked with finding civilians fit to serve on this new review board, which was chaired by former Attorney General Herbert Brownell. After much debate-and opposition to the proposal from the Patrolmen's Benevolent Association-Mayor Lindsay decided to appoint four civilians to the reconstituted board. This prompted opponents of the newly redesigned board to campaign for a city ballot proposal that would have forbidden any direct civilian oversight of uniformed police officers in New York City. The measure was enacted by an overwhelming margin, and the review board once again came under the sole purview of the New York Police Department. In 1986, the New York City Council enacted a piece of legislation that called for imposing some degree of civilian oversight once again, which led to the appointment of six new members by the mayor-with the advice and consent of the City Council-and six by the police commissioner. The Civilian Complaints Investigative Bureau then began to hire civilians to investigate complaints lodged against the NYPD, but did so with the oversight of police department investigators and employees. The incident that galvanized some members of the political body politic and certain segments of the public behind the movement for an all-civilian supervisory board occurred on August 6, 1988, where individuals protesting a curfew imposed over Tompkins Square Park were forcibly removed from the premises. The Civilian Complaint Review Board commissioned an investigation into this incident, and published a report that was extremely critical of NYPD conduct during that confrontation. Critics of internal police procedures used the Tompkins Square â€Å"riots† in order to press for an all-civilian review board. In 1993 Mayor Dinkins and the New York City Council created the Civilian Complaint Review Board in its current incarnation and invested it with subpoena authority, and gave it the ability to recommend disciplinary measures in cases where police misconduct were verified and substantiated. Over the years, NYPD officers have come under public scrutiny with allegations of corruption, brutality, excessive use of force, and poor firearm discipline. [1] Individual incidents have tended to receive more publicity; a portion of which have been substantiated while others have not. The Knapp Commission in the 1970s, and the Mollen Commission in 1994 have led to reforms within the NYPD aimed to improve police accountability. However in recent years, likely due to low salaries and declining morale, many more off-duty NYPD officers are being arrested and charged in and outside the city for crimes ranging from drunk driving to homicide. [2] One of the department's most spectacular cases of corruption was that of Lt. Charles Becker, who holds the dubious distinction of being the only NYPD officer to die in the electric chair. Due to repeated public outcry over these and many other incidents, specifically, the Tompkins Square Riot of the 1988, and the Crown Heights Riot, prompted the creation of the Civilian Complaint Review Board[3] (known commonly by its acronym, the CCRB) in 1993, an independent investigative unit of entirely civilian investigators (with some being former members of the NYPD), who investigate allegations of Force, Discourtesy, Offensive Language and Abuse of Authority made by members of the public against members of the NYPD. Complaints are made directly to the CCRB, through the city's 311 information system, online at nyc. gov/ccrb, or at any Precinct within the city limits. This was the third iteration (after an attempt by Mayor Lindsay and Mayor Koch before to create â€Å"mixed† review boards), but was the first to employ an all civilian Board and investigative staff. [4] [edit] Today The CCRB exits today as a fully independent civil department, staffed with 100 investigators and about a dozen miscellaneous employees. Additionally, three officers from the NYPD's Monitoring and Analysis Section of the Department Advocate's Office work with the CCRB at their office at 40 Rector Street. Their role is to provide the Investigators with access to certain restricted NYPD documentation quickly and efficiently without having to wait the lengthy processing period document requests normally take (sometimes outlasting the course of an investigation). The agency is headed by the 13 board members, who defer day-to-day operational command to an Executive Director (currently Ms. Joan Thompson, as of September 18, 2007, formally Ms. Florence Finkle, Esq. , who is then followed by the First Deputy Executive Director, which was formerly known as the Assistant Deputy Executive Director before that position was transformed into its new form (this later position remains unfilled). The Agency then separates into several divisions, the largest being the Investigative division led by a Deputy Executive Director of Investi gations, followed by four Assistant Deputy Executive Directors of Investigations. However, due to budget cuts in 2009, the Deputy Executive Director of Investigations and three of the Assistant Deputy Executive Directors of Investigations were eliminated, leaving the Investigations division under direction of the First Deputy Executive Director and one Assistant Deputy Executive Director of Investigations. [5] The division is then broken down into 8 Investigative Teams, led by an Investigative Manager, along with a Supervising Investigator and an Assistant Supervising Investigator. Initially, there had been 7 Investigative Team Managers, with two teams sharing one manager, but in early 2010, budget cuts have forced the agency to restructure under 6 Investigative Managers. Promotions to Assistant Supervising Investigator and Supervising Investigator are not necessarily granted to Investigators based on tenure or rate or result of investigations. [5] The remaining Investigators fall into Level I and Level II, which simply denotes tenure, experience and pay grade. The agency is also broken down into an Administrative Division, which includes Human Resources, Information Management Unit and the Case Management Unit (which stores all records of past cases), amongst others, which is led by the Deputy Executive Director of Administration. 5] There are then four other directorships, the Research and Strategic Initiatives Director, Mediation Unit Director, Director of Intergovernmental and Legal Affairs, and the Press Secretary. However, 2009 budget cuts have also caused the Press Secretary and Outreach Unit to be eliminated. There is also an attorney, Mr. Grahram Daw, Esq. , who serves as the Agency's legal counsel. These units compliment and serve the Invest igations Unit, which acts as the main focal point of the Agency. [5]

The Interpretation of Legal Terms About Contractual

Kavala Institute of Technology MSc in Oil & Gas Technology â€Å"CONTRACT LAW† â€Å"THE INTERPRETATION OF LEGAL TERMS ABOUT CONTRACTUAL OBLIGATIONS OF THE PARTIES IN AN OIL OR GAS EXPLORATION/EXTRACTION CONTRACT† Authors: Andreou Christos Georgiou Manolis Kakanis Iordanis Skarvelas Stathis Supervisor: Pr. K. KalamboukaNovember 2012 ABSTRACT The purpose of this assignment is to identify the contractual obligations of the parties in oil and gas exploration and extraction contracts.The assignment is based on the contract between Cyprus Government and the authorized company as is approved by the Cypriot Parliament and is harmonized to â€Å"Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons† Contents Introduction 4 1. Conditions and requirements for granting authorizations 4 2.General and specific information submitted by the applicant 5 3. Grant of an authorization 5 4. Duration of an authorization for prospection 6 5. Duration of an authorization for exploration 6 6. Relinquishment of area 6 7. Duration of an authorization for exploitation 7 8. Grant of rights to the holders of authorizations 7 9. Transfer of an authorization or assignment of rights arising from an authorization 8 10. Control of a holder of authorization by a third country or a national of a third country 8 11.Work practices 8 12. Directions of the Minister to holders of an authorization in case of contravention of Regulation 11 9 13. Drilling operations10 14. Protection of the environment11 15. Construction and maintenance of installations, pipelines and related equipment12 16. Measurement of hydrocarbons14 17. Authorized officers15 18. Unit development16 19. Records17 20. Reports17 21. Hydrocarbons production records19 22. Obligations in case of termination of an authorization20 23. Confidentiality20 24.Powers of the Court for seizure and confiscation21 25. Abandonment21 26. Abandonment of the well22 27. References23 INTRODUCTION Oil and gas contracts are shaped by national and international laws that relate to common industry transactions. With standardized contracts being used across different jurisdictions, it is important that these legal principles are properly understood. The increasing scarcity of natural resources makes it more, rather than less, likely that legal issues will be tested in the oil and gas sector.The accelerated pace of change in the oil and gas industry make this one of the world’s most challenging and complex sectors in which to understand, draft and negotiate contracts. The legal and regulatory framework of upstream oil and gas industry contracts is constantly changing, therefore it is critical that all lawyers, commercial and contracts managers working in this sector are up-to-speed. OBLIGATIONS Conditions and requirements for granting authorizations ) The authorizations may be granted on such conditions and requirements in order to ensure: a) the proper performance of the activities permitted by the authorization b) the financial contribution in money or a contribution in hydrocarbons c) national security d) public safety e) public health f) security of transport g) protection of the environment pursuant to section 11 and the terms specified in the Regulations made under this Law h) protection of biological and mineral resources and of national treasures possessing artistic, historic or archaeological value i) safety of installations and of workers ) planned management of hydrocarbon resources, such as particularly the rate at which hydrocarbons are depleted or the optimization of their recovery; and k) the need to secure revenues to the Republic. made to the conditions and requirements in the course of the procedure of examining the applications, shall be notified to all interested entities General and specific information submitted by the applic ant ) An application for an authorization for exploration shall contain the following specific information: l) the designation of the area or areas for which an application has been made, and if the application is made in respect of more than one area, the priority assigned to each area m) a detailed description of the exploration programme proposed for the area or areas applied for and its geographical distribution over such area or areas n) the minimum obligations to be undertaken relating to work and expenditure during the exploration period o) a brief note concerning he exploration activities and the effects which are likely to have on the environment, and the measures that the exploration work program intends to take for dealing with p) proposals relating to the training and employment of nationals of the Republic and the minimum expenditures to be incurred to that effect q) proposals relating to the economic terms and conditions required as criteria for the evaluation of the a pplication, such as the financial consideration and/or the sharing of production between the applicant and the Government of the Republic r) any agreement between any persons relating to the manner in which hydrocarbons operations are to be financed and s) any other information as may be required by the Minister or under the applicable model contract or which the applicant wishes the Minister to consider Grant of an authorization 3) The Minister shall negotiate the terms and provisions of the Contract with the selected applicant.In case where the negotiation is successful, the text of the Contract shall be submitted to the Council of Ministers for approval, and thereafter, if approved and signed by both parties, the relevant authorization shall be granted. Duration of an authorization for prospection 4) An authorization for prospection shall be granted for a period not exceeding one year. Duration of an authorization for exploration 5) (1) An authorization for exploration shall be g ranted for an initial period not exceeding three years and may be renewed for up to two terms, each term not exceeding two years, provided that the conditions referred to in paragraph (2) are fulfilled. 2) The authorization for exploration may be renewed, pursuant to paragraph (1), provided that the holder of such authorization has fulfilled all his obligations arising from the authorization and has submitted an application to the Council of Ministers two months prior to the expiry of the current term. (3) The Contract may provide that in case where an appraisal work program with respect to a discovery is in progress and has not been completed at the expiry of the second renewal referred to in paragraph (1), the holder of an authorization may apply to the Council of Ministers for an extension of the exploration period, which, however, may not exceed six months, in case of crude oil discovery and twenty-four months in case of natural gas discovery.In case of natural gas discovery the Council of Ministers, may extend the exploration period for a turnover the twenty-four months, if it deems that such period is necessary to determine whether a commercially viable natural gas market exists or/and is to be created. (4) Notwithstanding the provisions of paragraph (2), where the holder of an authorization has not fulfilled all his obligations arising from the authorization, the Council of Ministers may decide to renew the authorization under such terms and conditions as the Council of Ministers may deem proper to impose. Relinquishment of area 6) (1) Upon each renewal of the authorization for exploration, the holder of an authorization relinquishes at least twenty-five percent (25%) of the initial surface of the area that is included in the authorization granted. 2) Upon expiry of the renewal of the authorization for exploration, as possibly renewed and/or extended pursuant to the provisions of Regulation 9, the holder of an authorization relinquishes all the remainin g part of the area that is included in the authorization granted: Provided that the area to be relinquished under this paragraph shall not include the areas included in an authorization for exploitation. Duration of an authorization for exploitation 7) (1) The duration of an authorization for exploitation for each exploitation area shall not exceed twenty-five years and may be renewed for a period up to ten years, subject to the terms of the Contract. (2) The authorization for exploitation may be renewed, pursuant to paragraph (1), provided that the holder of such authorization has fulfilled all his obligations arising from the authorization and has submitted an application to the Council of Ministers, through the Minister, one year 11 prior to the expiry of the current term. Grant of rights to the holders of authorizations ) (1) The authorization for the prospection of hydrocarbons shall grant to the holder of an authorization the right to prospect for hydrocarbons in the area for which the authorization was granted, (2) The authorization for the exploration of hydrocarbons shall grant to the holder of an authorization exclusive rights to explore for hydrocarbons in the area for which the authorization was granted, under the conditions and requirements of the authorization granted, and in the case of a commercial discovery of hydrocarbons, the right to be granted an exploitation authorization related to such a discovery, in accordance with the provisions of this Law and the Regulations. 3) The authorization for the exploitation of hydrocarbons shall grant to the holder of an authorization exclusive rights to exploit hydrocarbons in the area for which the authorization was granted, under the conditions and requirements of the authorization granted under the conditions and requirements of the authorization granted. Transfer of an authorization or assignment of rights arising from an authorization 9) No holder of an authorization may transfer an authorization or assign the rights arising from an authorization to another entity, except upon the consent of the Council of Ministers, which may be granted if t) it does not endanger national security ) the Council of Ministers is satisfied that an entity to whom the authorization would be transferred or the rights arising from an authorization would be assigned has sufficient technical knowledge, experience and financial resources to secure the proper exercise of the activities of prospecting, exploring for and exploiting hydrocarbons v) the entity to which the authorization would be transferred or the rights arising from an authorization would be assigned undertakes to comply with such other conditions and requirements as the Council of Ministers may deem proper to impose. Control of a holder of authorization by a third country or a national of a third country 10) (1) No entity may, after the grant of an authorization thereto, come under the direct or indirect control of a third country, or a n ational of a third country, without the prior approval of the Council of Ministers. 2) Any holder of an authorization that comes under the direct or indirect control of a third country or a national of a third country without the prior approval of the Council of Ministers, shall commit an offence and shall be liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding eight hundred fifty four thousand and three hundred Euros or to both such penalties. Work practices 11) (1) Every holder of an authorization shall carry out hydrocarbons operations in a proper, safe and workmanlike manner and in accordance with good oilfield practices. Every holder of an authorization is bound to comply with these Regulations and any other legislation regulating work practices, employers’ obligations, safety and health at work and the rights of employees. (2) Every holder of an authorization is bound to: ) ensure that all materials, supplies, machinery, plant, equipment and installations used by him or by subcontractors comply with generally accepted standards in the international petroleum industry and are of proper construction and kept in good working order b) use the natural resources of the area that is included in the authorization granted as productively as practicable c) prevent damage to producing formations and ensure that hydrocarbons discovered, mud or any other fluids or substances do not escape or be wasted d) prevent damage to hydrocarbon and water bearing strata that are adjacent to a producing formation or formations and prevent water from entering any strata bearing hydrocarbons, except where water injection methods are used for secondary recovery operations or are intended otherwise in accordance with generally accepted international petroleum industry practice e) properly store hydrocarbons in receptacles constructed for that purpose, and not store crude oil in an earthen reservoir, except temporarily in an eme rgency and f) apply the provisions of the Solid and Hazardous Waste Law as regards the hydrocarbon waste Directions of the Minister to holders of an authorization in case of contravention of Regulation 11 12) (1) In cases where the Minister scertains that any holder of an authorization has not acted in accordance with Regulation 13, he may notify such holder of an authorization in writing accordingly and require him to show cause, within a specified time-period, why he has omitted to act in accordance with Regulation 13 (2) Where the holder of an authorization to whom a written notice has been sent, in accordance with paragraph (1), fails within the specified time period, to satisfy the Minister that he has acted in accordance with Regulation 13 or to prove that such omission is justified, the Minister may direct in writing the holder of an authorization to take such measures as may be necessary with a view to ensuring compliance of the holder of an authorization with Regulation 13 (3) Where the holder of an authorization fails to comply with the Minister’s directions pursuant to paragraph (2) a) the holder of an authorization shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one million seven hundred eight thousand and six hundred one euro or to both such penalties: Provided that in case of a prosecution against the holder of an authorization in respect of the offence referred to in this subparagraph, it shall be a defense if the holder of an authorization proves that he promptly took all necessary measures in accordance with good oilfield practices in order to comply with the Minister’s directions b) the Minister may take all or any of the measures required by his directions. In such a case, any costs incurred by the Minister shall be payable by the holder of an authorization and shall be collected as a civil debt due to the Republic Drilling operations 3) (1) The holder of an authorization is bound to ensure that the well design and conduct of drilling operations, including its casing, cementing, well spacing and plugging operations, shall be in conformity with generally accepted international petroleum industry practice (2) Every well is identified by a name, number and geographic coordinates, which are shown on maps, plans and similar records which the holders of an authorization are bound to keep. The holders of an authorization must promptly notify the Minister in writing of any change of the above-mentioned particulars (3) At least seven days before commencing any drilling or other work with respect to any well or recommencing any drilling or other work with respect to any well on which work has been discontinued for more than six months, the holders of an authorization are bound to notify the Minister in writing of their intention to do so. Such notice shall contain the following: a) the official name and number of the well ) a description of its precise location by reference to geographical coordinates c) a detailed report on the drilling technique to be followed, an estimate of the time and depth required, the material to be used and the safety measures to be taken and d) a well location report along with the geological and geophysical data and any interpretations thereof, upon which the particular location was selected (4) Where any drilling or other work with respect to any well is discontinued for a period exceeding thirty days, the holders of an authorization shall promptly notify the Minister in writing (5) At least two days before recommencing any drilling or any work, with respect to any well on which work has been discontinued for more than thirty days but for less than six months, the holders of an authorization are bound to inform the Minister in writing of their intention to do so (6) No holder of an authorization may drill a well any part of which is less than two hundred meters from a bo undary of the area that is included in the authorization granted except upon the prior written approval of the Minister and under such terms and conditions as the Minister may deem fit to impose Protection of the environment 4) (1) The holder of an authorization shall ensure that hydrocarbons operations are conducted in an environmentally acceptable and safe manner, consistent with the environmental legislation in force for the time being and the good international industry practice, and shall exercise effective control for that purpose (2) The holder of an authorization is bound to take all the necessary measures in order to: a) minimize any avoidable environmental pollution or damage to the water, the soil or the atmosphere, in relation to hydrocarbons operations b) comply with the provisions of the International Convention on Civil Liability for Oil Pollution Damage, which entered into force internationally on the 19th June 1975, its Protocol hich was signed on the 19th November, 1976 and entered into force internationally on the 8th April, 1981 and the International Convention on Civil Liability for Oil Pollution Damage of 1969 and its Protocol of 1976 (Ratification) and Matters Connected Therewith Law of 1989 (3) If the holder of an authorization omits to comply with the provisions of paragraphs (1) and (2) and any environmental pollution is caused in water, the soil or the atmosphere, the holder of an authorization shall take all reasonable and necessary measures to remedy or eliminate such pollution (4) If the Minister deems that any works or installations erected by the holders of an authorization or any operations conducted by the holders of an authorization endanger or may endanger persons or property of a third-party or cause pollution or harm to the environment, wildlife or marine organisms to a degree which the Minister deems unacceptable, the Minister may require the holder of an authorization to take corrective measures within a reasonable time period specified by the Minister, and to repair any damage to the environment.If the Minister deems it necessary, he may submit a proposal to the Council of Ministers, and the latter may suspend the authorization until the holder of an authorization has taken such corrective measures or has repaired any environmental damage (5) The measures and methods to be used by the holders of an authorization for the purpose of complying with paragraph (2)(a) shall be agreed in consultation with the Minister upon the commencement of the hydrocarbons operations or whenever there is a significant change in the scope or method of conducting hydrocarbons operations. The measures and methods must comply with the international standards applicable in similar circumstances (6)a) Prior to the commencement of any drilling operations, the holder of an authorization shall prepare and submit to the Minister for evaluation and approval, a contingency plan for hydrocarbon leakage and fire.In such a case, the holder of an authorization shall immediately apply the relevant contingency plan b) case of any emergency or accident other than those referred to in subparagraph (a) which affects the environment, the holder of an authorization shall take all reasonable and necessary measures, in accordance with the generally accepted international petroleum industry practice (7) In the event that the holder of an authorization omits to take the measures provided for in paragraphs (1) to (6), within the time-period specified by the Minister, the Minister may direct any action which he deems necessary and require the holder of an authorization to pay any expenses required for the execution of such actionsConstruction and maintenance of installations, pipelines and related equipment 15) (1) The holder of an authorization is bound to maintain in good condition and repair all structures, equipment and other installations used for the hydrocarbons operations and being available in the area that is incl uded in the authorization granted (2) In conducting offshore operations, the holder of an authorization, in accordance with international petroleum industry practice and applicable legislation and regulations, is bound to ensure that constructions and installations to be erected shall: a) be constructed, placed, marked, buoyed, equipped and maintained so that there are safe and convenient channels for navigation b) be fitted with navigational aids and be illuminated between sunset and sunrise in accordance with the provisions of the International Convention for the Prevention of Pollution from Ships of 1973, its Protocol of 1978 and the Resolutions MEPC 14(20) of 1984, MEPC 16(22) and MEPC 21(22) of 1985 c) be kept in good repair and working order and ) not hinder navigation or fishing or cause pollution of the sea or rivers (3) No holder of an authorization may construct, alter or operate a pipeline, pumping station, storage facility or any other related facilities for the conveyan ce or storage of hydrocarbons from the area that is included in the authorization granted except upon his written application and the approval of the Minister (4) Such written application, referred to in paragraph (3) above, shall contain the following information: a) the proposed design and construction of the pipeline, pumping station, storage facility or other related facilities b) the proposed work program and budget and the technical and financial resources available to the holder of an authorization for the construction, alteration or operation of the pipeline, pumping station, storage facility or any other related facilities and c) the proposed route to be followed by the pipeline and the location of any pumping station, storage facility or other related facilities to be constructed, altered or operated (5) a) The Minister may, by Order published in the Official Gazette of the Republic, order the construction of common installations, including pipelines and other transportati on, processing, storage and communication facilities, for different areas included in the authorizations granted, if this is justified by public interest b) The holders of an authorization referred to in subparagraph (a) shall take all necessary measures and use their best efforts to reach agreement on the construction and operation of such common facilities and shall report to the Minister every fifteen days on the progress of their negotiations.If no agreement is reached after the expiration of three months, the Minister may refer the dispute to a mediation procedure (6) a) Where there exists excess capacity, a holder of an authorization may, upon approval by the Minister, enter into an agreement with another holder of an authorization, in order to use such facilities including pipelines and any other transportation, processing, storage and communication facilities b) If no agreement is reached within thirty days for the usage of the installations, the holder of an authorization w ho wishes to enter into an agreement may submit an application to the Minister, who, if he deems it appropriate, shall refer the dispute to arbitration or mediation Measurement of hydrocarbons 6) (1) a) Every holder of an authorization is bo und to obtain, operate and maintain equipment for measuring the volume and quality of any hydrocarbons produced and saved from the area that is included in the authorization granted to him including equipment or other measuring devices of the gravity, density, temperature and pressure b) All such equipment and devices along with their permissible tolerances shall not be installed or used or replaced or altered except with the prior approval of the Minister (2) Such measurement, as referred to in paragraph (1), shall be conducted by the method or methods customarily used in the international petroleum industry. The frequency and the measuring operations must be submitted in advance to the Minister for approval (3) The holder of an authorization s hall give to the Minister two days’ notice of his intention to conduct measuring operations and an authorized officer may be present and inspect such operations (4) Equipment and measuring devices shall be available for nspection and testing at all reasonable times by any authorized officers: Provided that, any such inspection and testing does not obstruct the normal operation of the facilities involved (5) If it is ascertained, following an inspection or test referred to in paragraph (4), that the equipment, devices or procedures used for measurement are inaccurate and exceed the permissible tolerances approved as provided for in paragraph (1), such inaccuracy is deemed to have existed for the entire period since the last such inspection or test, unless it is proved that the inaccuracy has been in existence for a longer or shorter period. The holders of an authorization shall proceed to the appropriate adjustments within thirty days from the date of such ascertainment Author ized officers 7) (1) The Minister may, by notification published in the Official Gazette of the Republic, authorize an appropriate person or persons to act as authorized officers in the application of this Law and the Regulations made there under and the conditions of the authorization (2) An authorized officer may carry out any or all of the following acts: a) enter at all reasonable times, showing his credentials, if so requested, and without prior notice, any building or premises or any other place, in which he has reasonable cause to believe that there is a contravention of the conditions of the holder’s authorization or any other contravention of this Law and the Regulations.Provided that, an authorized officer may not enter any residence without the prior securing of a judicial warrant b) carry out such searches, examinations, tests, inspections, reviews and investigations that may be necessary for the purpose of ascertaining whether there is a contravention of the cond itions of the holder’s authorization or any other contravention of this Law and to inspect, take extracts or copies of documents related to the hydrocarbons operations c) keep copies of any evidence or records which he has reasonable cause to believe that may be required for the purpose of proof in criminal or civil proceedings in respect of any offence pursuant to this Law and copies of any information required to be given to the Minister under section 17, on condition that the provisions of the Processing of Personal Data (Protection of Individuals) Laws are being complied with d) carry out anything that he may deem ecessary and reasonable with a view to securing compliance with the provisions of this Law and the Regulations made thereunder e) enter at all reasonable times, showing his credentials, if so requested and without any prior notice, any building, premises, area, vehicle, vessel or aircraft, and examine any machinery or equipment, which has been, is being or is to be used in connection with the hydrocarbons operations f) enter at all reasonable times, showing his credentials, if so requested and without any prior notice, any building, premises, area, vehicle, vessel or aircraft, and examine any machinery or equipment, which has been, is being or is to be used in connection with the hydrocarbons operations (3) Any holder of an authorization and any person who is the owner, occupier or in charge of any building, premises, area, vehicle, vessel or aircraft, machinery or equipment referred to in subsection (2), is bound to provide the Minister with all reasonable assistance, including the provision of necessary means of transport, for the effective exercise of his powers Unit development 8) (1) For the purposes of this Regulation, â€Å"unit development†, in relation to a hydrocarbon reservoir, means the operations for the recovery of hydrocarbons being carried on or, to be carried on in an area, for which an authorization has been grante d and in which there is part of a reservoir, that falls into another area that is included in an authorization granted to another person by the Republic or other state and in which operations for the recovery of hydrocarbons are carried on or will be carried on (2) No holder of an authorization may enter into an agreement in writing with another person for, or in relation to, the unit development of a hydrocarbon reservoir except upon the submission of such an agreement to the Minister and his written approval (3) Subject to the provisions of paragraph (2), the Minister may, either on his own motion or following an application made to him in writing by a holder of an authorization in whose licensed area there is a part of a particular hydrocarbon reservoir, for the purpose of securing the more effective and productive recovery of hydrocarbons from that hydrocarbon reservoir, direct any such holder of an authorization whose licensed area includes part of that hydrocarbon reservoir to enter into an agreement in writing within a specified period or or in relation to the unit development of the hydrocarbon reservoir (4) Where a holder of an authorization, omits to enter into the agreement referred to in paragraph (3) within the specified period or enters into the agreement referred to in paragraphs (2) and (3) but omits to submit it to the Minister for approval, the Minister may, by notice served on the holder of an authorization, request the submission, within a specified period, of an action plan for, or in relation to, the unit development of hydrocarbons (5) In case the hydrocarbon reservoir extends beyond the median line that separates the Exclusive Economic Zones of the Republic and a neighboring country, the unit development shall be governed by the relevant international agreements Records 9) Every operator is bound to keep at his office in the Republic accurate records in respect of the area that is included in the authorization granted, containing full p articulars of the following a) the areas in which any geological or geophysical work has been carried out b) accurate geological maps and plans, geophysical records and interpretations thereof c) drilling, operation, deepening, plugging or abandonment of wells d) the strata and subsoil through which wells are drilled e) the casing inserted in wells and any alteration to such casing f) any hydrocarbons, water and other economic minerals or dangerous substances encountered g) such other matters as the Contract may provide or as the Minister may deem reasonably necessary to require by notice in writing served on the holder of an authorization Reports 0) (1) The holders of an authorization are bound to inform the Minister of all major developments in relation to the course of hydrocarbons operations (2) Without prejudice to those mentioned in paragraph (1), the holders of an authorization shall submit to the Minister the following particulars a. as soon as possible after the same are ac quired or prepared i. copies of all geological, geophysical and other technical reports, well logs, maps, diagrams, magnetic tapes, electronic and other stored data, in any form, reports and interpretations which have been prepared by or for the holder of an authorization and ii. representative geological samples including cuts of core and cutting samples, properly labeled, from all wells drilled b. at half-yearly intervals commencing from the completion of six months from the grant of an authorization iii. summary of all geological and geophysical works carried out and the results thereof iv. a summary of all drilling operations and the results thereof and v. a list of maps, reports and other geological and geophysical data prepared by or for the holder of an authorization, in respect of the period concerned c. every year and within sixty days commencing from the completion of one year from the grant of an authorization: vi. a report describing the results of all hydrocarbons opera tions carried out by the holder of an authorization within the year concerned and vii. estimates, if available, of economically recoverable reserves of crude oil and natural gas at the end of the year concerned d. ummaries of exploration wells drilled, including lithological groups and hydrocarbons zones, within six months of completion of drilling or, in the case of information that cannot be reasonably obtained in that period, as soon as possible thereafter e. any other available information, data, reports, assessments and interpretations related to the hydrocarbons operations as the Minister may reasonably require (3) No holder of an authorization may transport outside the Republic originals of records, magnetic tapes, electronic and other stored records, in any form, except upon the prior approval of the Minister, which may be granted if the Minister is satisfied that f. the magnetic tapes or other data which will be processed or analyzed outside the Republic shall be exported o nly if the originals or copies shall remain in the Republic and g. n case where such originals of records, magnetic tapes, electronic and other stored records, in any form, are exported outside the Republic, the said originals shall be returned to the Republic within a reasonable time-limit (4) Ownership of all original information and data referred to in this Regulation shall vest in the Republic (5) The Minister may have access to the originals of all records, magnetic tapes, electronic and other stored records in any form, and may, upon request, obtain two copies thereof from the holder of an authorization free of charge (6) The holder of an authorization shall keep originals beyond the termination of the Contract for a period and under such terms prescribed in the Contract Hydrocarbons production records 1) (1) The operator is bound to keep during the validity of the Contract at his office in the Republic accurate production records containing full particulars of the following: w) the gross quantity of any crude oil and natural gas produced and saved from the area that is included in the authorization granted x) the grades, gravity and composition of any crude oil produced and the composition of any natural gas produced y) any quantities of crude oil, natural gas and sulfur, in any form, or any other minerals, gases, liquids or solids disposed of by way of sale or otherwise, the consideration received, the quantity disposed of and the name and address of the natural or legal person to whom any such quantity was disposed of z) the quantity of crude oil, natural gas and other liquids or gases injected into a geological formation {) the quantity of crude oil and natural gas consumed for drilling and other development and production operations, other than the quantity referred to in Sub paragraph (d), and the quantity of crude oil and natural gas consumed in pumping to field storage, in the refineries of the Republic or up to the delivery point |) the quantity of crude oil refined by or on behalf of the holder of an authorization in the Republic, if any }) the quantity of natural gas treated in the Republic by or on behalf of the holder of an authorization for the removal of liquids and liquefied petroleum gases and the quantity of butane, propane and any other liquids, gases or any solids obtained therefrom ~) the quantity of natural gas flared or vented and ) any other information as the Contract may provide or the Minister may reasonably require in writing by the holder of an authorization Obligations in case of termination of an authorization 22) In case of termination, revocation, suspension, cancellation or expiration of an authorization, or upon relinquishment of any part of the area that is included in the authorization granted, the holder of an authorization is bound, within seven days, to deliver to the Minister, in relation to the area, copies of such documents or material not previously delivered.The Minister may, by notice in writing, require the holder of an authorization to deliver any other data as he may reasonably deem necessary Confidentiality 23) (1) Subject to the provisions of section 20 of the Law, all returns, reports, plans, data and other information submitted to the Minister pursuant to these Regulations shall be treated as confidential within the meaning of section 13 of the Statistics Law, and shall not be disclosed to third parties prior to the relinquishment of the area to which the above-mentioned particulars relate or prior to the expiry of the exploration period if such area is not sooner relinquished, unless the Contract provides otherwise (2) Notwithstanding the provisions of paragraph (1) ) any surface geological maps and interpretations may be utilized at any time by the competent authorities of the Republic for incorporation into official maps b) annual statistical information may be published at any time by the Republic in a form which does not disclose the operations of any particular holder of an authorization c) the Republic may communicate such returns, reports, plans, data and other information at any time, if deemed necessary, to professional consultants, lawyers, legal advisers, accountants, underwriters, creditors, government services and organizations and public corporations (3) Without prejudice to the terms of the Contract, no holder of an authorization may publish or communicate any returns, reports, plans, data and other information compiled, received, kept or submitted pursuant to these Regulations or the terms of the Contract except upon the prior written approval of the Minister (4) Notwithstanding the provisions of paragraph (3), the holders of an authorization may, without the prior written approval of the Minister, communicate such returns, reports, plans, data and other information available, to professional consultants, lawyers, legal advisers, accountants, underwriters, creditors and companies in which the holders of an authorizat ion maintain the majority in shares, or appoint the majority of members of the board of directors as well as to services and organizations and public corporations of the Republic that shall be entitled to require he disclosure of such information (5) Any notification or communication made by the Minister or a holder of an authorization pursuant to this Regulation shall be made on condition that the information so notified or communicated shall be deemed to be and treated as confidential by the natural or legal person that is the recipient of such information Powers of the Court for seizure and confiscation 24) The Court may order that any quantity of hydrocarbons that has been obtained as a result of the commission of an offence, as well as any machine, equipment, vehicle, ship or aircraft and also any construction that has been used during the commission thereof shall be confiscated and/or seized. Where the confiscation of hydrocarbons is not possible, the Court may order that the person committing the offence shall pay a fine to at least the value of the quantity of the hydrocarbons that have been unlawfully obtained Abandonment 5) (1) Unless the Minister deems otherwise, on expiry of the time-period or termination of an authorization, the holder of an authorization is bound to: ) remove all equipment, installations, structures, plants, appliances and pipelines from the area in accordance with the abandonment plan provided by the Contract ) perform all necessary site restoration activities in accordance with good international petroleum industry practice and take all other necessary measures to prevent hazards to human life or to the property of others or the environment (2) For the purpose of complying with the provisions of this Regulation, the Minister may, at any time, in accordance with the terms of the Contract, require the holders of an authorization to submit a guarantee, for an amount determined by the Minister, or in the alternative, to establish a reserve for future estimated abandonment and site restoration costs Abandonment of the well 6) (1) Prior to the abandonment of any well, the holders of an authorization are bound to inform the Minister in writing of their intention to do so, in the case of a producing well, at least thirty days before the abandonment and, in the case of any other well, at least two days before the abandonment. Such written notice shall contain a detailed plan and a time-schedule for the abandonment and plugging of the well. (2) Subject to the terms of the Contract, the holder of an authorization may, upon the expiration of the relevant period specified in the notice referred to in paragraph (1), or upon receipt by the holder of an authorization of the written approval of the plan by the Minister as provided for in paragraph (1), whichever is earlier, commence the abandonment operations in relation to such well. (3) The holder of an authorization is bound to: plug such well with a view to avoiding p ollution and possible damage to the reservoir and, unless the Contract otherwise provides or the Minister otherwise decides, remove all equipment, materials and facilities relating thereto ) ensure that cemented strings or other forms of casing shall not be withdrawn except with the prior written approval of the Minister and ) permit an authorized officer to inspect such abandonment operations. REFERENCES Marc Hammerson, Upstream Oil and Gas, July 2011 Republic of Cyprus, The hydrocarbons (prospection, exploration and exploitation) regulations, 2007and 2009 Republic of Cyprus, The hydrocarbons (prospection, exploration and exploitation) law, 2007

Creative Tension Model Essay Example | Topics and Well Written Essays - 1000 words

Creative Tension Model - Essay Example The human mind is very unique in terms handling things. Every person has to manage a lot of things in his daily routine. Some things need more intention while the others hence the human mind prioritizes them accordingly. Every day there is a new challenge he has to face and he has to make the best of it. But at times our mind becomes so distorted that we are not able see a clear vision of things. This all effects our professional growth and family relationships adversely. Thus the creative tension model defines a set of rules and techniques that enable us correct those mistakes and help to make us a better person. In other words, this a structure that facilitates the creativity and change process in a person. The learning process of a person never ends. As a child we learn new things at every step of our age. In fact it grows on as the person keeps on experimenting new things. But there are certain ‘does and don’ts’ which are instilled into our lives from the very beginning. Similarly, such implications create fear in us and a kind of unworthiness settles in our minds for the things we can have and the things which are totally out of question for us. Peter Senge in his book â€Å"The Fifth Discipline† states as it is believed that there are two contradictory beliefs that can limit our ability to create what we actually want. Out of them the most common one is believing that we are powerless and our failure in being what we actually want to be. The other one center’s around our unworthiness that we do not deserve to attain what we truly wish for. (Senge, 2006) Creative tension can be defined as a tension between your current reality and your vision or goal. Robert Fritz has explained creative tension using the example of a rubber band stretched across your vision and your current reality. As you move towards your vision, the rubber helps you pull in your desired direction. This tension symbolizes motivation, the more

Hedging Strategy Essay Example | Topics and Well Written Essays - 500 words

Hedging Strategy - Essay Example By considering the Treasury bond futures hedging strategy, he can minimise his risk as it is an effective instrument of risk control and can also enhance his returns. As Treasury bond futures cover up a broad range of maturities from the bonds of long term to short term notes, so it will help Clark to construct trades depending on the disparities in the movements of interest rates alongside the yield curve. There is negative connection between the fluctuations in interest rates and the bond prices. The increase in the interest rates is bad for bonds because when the rate of interest rises, the shareholders or investors in the bond fund prefer to liquidate or settle their shares. Due to this, the finance manager might be compelled to sell its bonds prematurely to raise sufficient cash in order to meet its requests of redemption. This could have a pessimistic effect on the regular price of bond fund (Forbes, 2013). Conversely, a fall in the interest rates results in the increase in the bond prices. This happens because, if rates of interest fall after the purchase of bond, the worth of bond will rise as investors will not be able to purchase a new bond with a high coupon rate. In this situation, the value of bond will be more than the actual value. Consequently, it will be traded at a premium (Bodie et al, 2009). Clark should consider the short term hedging strategy. Investment in the short term bonds is recommended because long term maturities bond would be hit tremendously when there is an increase in the rates of interest. Along with this, he should consider the individual bonds but require being cautious with the issuer’s credit quality. Clark also needs to be sure that the company is monetarily strong and proficient to repay his principle on the maturity of bond. A short term bond is suggested because this will facilitate Clark not to become locked in a low interest rate for an extended period (Forbes, 2013). The reason behind suggesting the

Social and Politic Influences Paper Essay Example | Topics and Well Written Essays - 1500 words

Social and Politic Influences Paper - Essay Example These relationships more often than not are shaped by the need to accomplish common goals. Usually, social forces (social influences) emerge in this process and whose consequences either facilitate or impede learning. According to Hirschy and Wilson (2002), these social influences are categorized into role relationships, social status, and structural inequalities. Sociologists often look at how these influences affect people in the classroom in a social setting (Hirschy & Wilson, 2002). Mehan (1998) describes social status in a classroom context as to include the gender, race, age, and social class of the students and the tutor (Hirschy & Wilson, 2002). For instance, students coming from poor family set-ups may often find challenges adjusting to college life compared to their higher status counterparts. According to Gardner, Dean and McKaig (1989), the college environment often reflects the social relationships at different levels i.e. upper-level, middle-level and low level. It is often the case that although students from low-level or disadvantaged backgrounds can grasp tacit rules quickly, they still have a sense of being outsiders. Social influence of role relationships usually come out clearly when assessing the interaction patterns that occur between the tutor and learners and among student peers. Usually in every class, the rules and norms have a huge bearing on the interactions among class participants. According to Hirschy and Wilson (2002), the various norms of discourse determining the patterns of participation. These are those who take part and those who do not. Moreover, it depends on whether one has the drive to disagree with the instructor and other students. In addition, it shows how best to handle conflicts; the types of questions that are acceptable, and how to act appropriately in the classroom. Students often hold an unequal position of power and this, according to Gamaron (2001) often brings a negative influence

Role of Business Ethics in Staff Motivation and Productivity Essay

Role of Business Ethics in Staff Motivation and Productivity - Essay Example It is of pragmatic that literature on business ethics provide adequate and specific information on the needs of leaders and managers as they are mainly responsible for ethics management in the work environment (Schwartz and Weber 2006). Ethics programs in organisations generally aim to integrate ethical guidelines into processes and procedures and establish the necessary values and behaviours for operations within the organisation. Business ethics in the workplace establishes and fosters a moral course particularly during unstable times (Kapstein 2004). Paying attention to ethics when an organisation is faced with changes allows managers and employees to have a moral guide for them to realise what is good or bad. This becomes specially critical in coping with conflicts, facing risks, and responding to ambiguous circumstances (Schwartz 2001). Continual support for ethics in the workplace enables leaders and members to become sensitive to how they ought to think and behave. Due to the emphasis on ethical principles in the conduct of activities and procedures, business ethics has been shown to produce favourable outcomes for the organisation. These include increased level of employee commitment, motivation, productivity, and performance (Ferrell 2004). Hence, the current study aims to examine the impact of business ethics in UK organisations especially on employees’ sense of productivity and motivation. 1.2 Background of the Organisation Wolseley UK, also formerly known as Wolseley Centers, is widely known as one of United Kingdom’s largest suppliers of building materials, with plumbing and building firms as their common trade customers, accounting for the largest share of their sales. It has been reported to distribute a substantial amount of materials to the international market and has continued to expand to 25 countries (Wolseley Annual Report 2009). Wolseley UK has set a number of policies with which the company aims to further enhance each of t heir business aspects. Quality policy remains to be an important objective through a reliable quality environment for both suppliers and customers, particularly by successfully meeting all contractual requirements. Health and safety concerns regarding their employees, customers, and the larger community have also become a top priority for Wolseley UK as the company intends to foster a healthy workplace wherein their employees’ attain a sense of well-being and comfort while their customers are assured of accident-free operations. Moreover, the company’s policies also highlight the importance of environmental care. Regarding their human resources, Wolseley UK aims to make the best use of every employee’s potential regardless of demographics, cultural, social, or economic differences, and attempts to provide opportunities for training and development. Finally, the company relies on a code of ethics that emphasizes the significance of fair competition, risk manageme nt, environmental protection, and interpersonal relationships with employees and customers (Wolseley 2010). 1.3 Research Aims and Objectives Owing to previous studies that have pointed out the favourable impact of business ethics on organisations, the current stud

Augustine and Dante Essay Example | Topics and Well Written Essays - 750 words

Augustine and Dante - Essay Example dea of Plato’s intellectual light into a Christian conception of spiritual light by describing the source of intellectual light as Truth or God, presenting it as evidence of God’s work within our minds. This interpretation of intellectual light as Divine Illumination had significant impact on Augustine’s theories regarding the soul, including what the soul was capable of doing and how it related to the body as he wrote in his Confessions. A thousand years later, Dante Alighieri would use these ideas of Divine Illumination to provide the underlying theme for his Divine Comedy. Augustine wrote his famous Confessions when he was in his early-40s. He wrote it as a means of exposing the sinful child he was, how he came to be a Christian and what that has meant in his life. Augustine presents his book in terms of a biography tracing his own spiritual development. He starts with childhood up to age 14 is covered in the first segment of the book in which Augustine exists as the ‘natural’ sinful man. However, as he approached his 20s, one of his friends died and he began studying with Aristotle, adopting a life of philosophy and reveling in a life of sorrow. This represents the second stage in his spiritual development which is a kind of seeking and considering his values. His full enlightenment begins as he sits in the garden one day and hears a child singing a song instructing him to read. Since his friends are talking to him about the Bible at the time, this is the book he begins reading. What he reads convinces him to convert to Christianity. The deaths of his mother and two more friends cause him to stop studying rhetoric and begin to meditate on the spiritual values of confession and the senses. This progression of the soul is almost identical in Dante’s work. The long narrative poem begins when Dante as narrator is rescued from a dark wood in which wild beasts threaten him and he is aware that he is in a place of self-destruction. He travels to the

Michael Murphy Essay Example | Topics and Well Written Essays - 750 words

Michael Murphy - Essay Example Murphy’s message stands-out from that of the other contenders as it is geared towards enhancing democracy and equality. His campaign team has worked tirelessly to mould their party’s flag bearer into a force with whom to reckon. The candidate has been marketed with a high-end consumer brand through a coherent and comprehensive program of fonts, web designs and logos. The entire graphic designed for his campaign have been made using the same design (Marshment, Stro?mba?ck and Rudd, 2010). This has made it simple for the supporters to adopt the designs when campaigning for their favorite candidate. His personality has also been brought into full public limelight through the publishing of a new novel that details his life experiences and aspirations. The iconization of Murphy has made the electorates feel as if they know him beyond the political circles. His campaign blogs and messages quote his vision that offers a compelling future. His vision clarifies, inspires and foc uses on the progress of the individual members and the entire nation. How are the Three Candidates Positioned? The opinion polls show that the campaign promises being made by Murphy are appealing to most party members as compared to his competitors. The popularity gap has widened recently to 10%. The national polls also place him as the strongest candidate to compete with the opponent from the conservative party in the general elections. The increase in the number of new youth members within the party is associated with his aggressive campaigns of popularizing the party outside the traditional circles. How are the Candidates differentiated from each Other? Murphy has numerous unique characteristics that distinguish his campaign demeanor from other competitors. They include personal charisma, public speaking, listening skills and his positive attitude towards challenges (Rossiter, 2004). Murphy possesses the highest educational qualifications among the contestants with a Masters degr ee in political science and currently pursues an undergraduate degree in economics. This improves his chances as the preferred candidate among the party members in spearheading the efforts geared towards improving democracy. Other leadership qualities that make him be favored by the party delegates include his willingness to make hard decisions, decisiveness, and capability to understand the leadership problems currently facing the party, effective management skills and sharing of other people’s values. Murphy is the only contestant in the race who has some prior experience in good performance within the party leadership. He was entrusted with taking care of the youth affairs which has seen the representation of youths and women in the administrative posts in the party. What are their Strongest Voter Segments? The strongest voter segments for Michael Murphy are the youths and women who believe in change with reference to his earlier performance record. His prolonged status as the youth leader within the party has made him interact with all the party members implying that everyone is aware of his leadership skills. What Messages are they focusing on? The main theme that Murphy is focusing on is the Enhancement of the Democratic Space and Fair Representation of all Groups within the Party. This will place the party at a better position to defeat the Conservatives in the national elections. This is encompassed in his campaign motto of hope and restoration. Murphy is also focusing on reaching the

Student Response Essay Example | Topics and Well Written Essays - 250 words

Student Response - Essay Example The posting indicates that Israel was the key cause of the conflict between these nations. I agree that the Shi’ite and anti-Israeli movement was created in response to Israel failing to execute its intended purpose, which was to free Lebanon . I believe that after successfully freeing Lebanon and having the conflict terminated, Israel went further to indicate a reluctance in vacating the country. It led to an uproar from the public. This piece is exceptional in its narration despite the fact that it ignored some of the key elements of the paper. Similarly, I believe that Lebanon was the greatest beneficiary. Response Post 2 I agree that the greatest loser of the war is the Israelites. One of the key evidences the student presents is the fact that Israel would have avoided engaging in the conflict altogether, as this led to twenty plus years of deployment of Israel soldiers and resources, which must have cost the government a bundle. In the paper the student argues " †¦ quick, compelling success is not how it played out. I believe that Israel spent over twenty years dealing with Lebanon." Arguably, you have also cited Hezbollah as the greatest beneficiary, giving similar reasons as those cited in the paragraph above. The fact that Lebanon was freed, the country was able to send Israel out of the country. I agree with both choices for the greatest beneficiaries and the greatest losers.

The Great Gatsby -The Corruption of the American Dream-how its Essay

The Great Gatsby -The Corruption of the American Dream-how its original idealism has been replaced by materialism and greed - Essay Example It was a reminder of his poverty. Gatsbys parents were poor farmers, whom he had never accepted as his parents. .. He developed out of an idealization of the American Dream... One day, while attending a small Lutheran college in southern Minnesota and feeling dismayed by having to work as a janitor to put himself through school, Gatsby spots the moored yacht of Dan Cody. In an action that changes the young boys life, Cody welcomes him aboard his yacht and introduces him to fine living. Gatsby becomes the protegà ¨ of the wealthy goldminer and lives with him until Cody dies. With some wealth of his own and dreams of more, he goes into the army(Media Adaptations). enhances his chase of the â€Å"golden fleece.† Gatsby is so infatuated with Daisy that he could not see beneath her beauty; â€Å"He found her excitingly desirable.† Jordan tells Nick that; â€Å"the officer looked at Daisy...in a way that every young girl wants to be looked at some time.† He wants her because other men want her. The difference in their social status lured him to her even more. â€Å"He took her because he had no real right to touch her hand.† â€Å"He becomes impressed with her beautiful home and many boyfriends(Media Adaptations). Gatsby truly believes that money is the obstacle between him and Daisy; the truth is Daisy does not love him. She is not capable of loveing. Daisy is fickle, but Gatsby does not see this, he convinces himself that if he gets wealth, Daisy will choose him above her other boyfriends. For Gatsby, the American Dream means wealth and Daisy. Gatsby goes to war comforted by the fact that Daisy is waiting for him. However, Daisy does no such thing, her loyalty goes to the highest bidder, Tom Buchanan. It is obvious that neither Gatsby nor Daisy knows what love really is. Daisys requirement list for a husband has only one item,

Irans Misty Wonders Essay Example for Free

Irans Misty Wonders Essay In Persepolis, by Marjane Satrapi, both the movie and the book were able to portray the main idea of Marjane Satrapi Marjis life. The main idea being for us to look at how Marji evolved into a grown women with struggles along the way. Throughout both we were able to clearly understand what a difficult childhood she lived and we were able to get a sense of what her life was like back then. Like in many cases, the book informed us of every detail possible in order to get a clearer message across. When it came to the movie, it lacked many details that were included in the book and if you would not have read the book it would cause you to be confused and lost. There are a couple scenes in the movie that seem to just happen, there was no type of development or leading actions involved. There was a specific scene in the movie where Marji and her mother walk past a conversation that her father and neighbors are having, the female neighbor seems to have some type of scar in her cheek but we are not sure what it is and if it even matters. If we take a look at the book we see that the scene is different. Marji and her family briefly talk with their neighbors, a husband and wife, and the husband tells her father â€Å"Look! A bullet almost hit my wife’s cheek,† (44). This was a piece of information that could and should have been briefly added because it gives us a bigger picture of how dangerous their lives were during the revolution. This would only help us, the viewers, have a bigger reaction to the plot. Another example that comes to mind was the absence of certain characters. The family’s maid, Mehri, as well as Marjis good friend, is never mentioned in the movie. This was an important factor because throughout an incident that is described in the book we are able to learn the big issues with social class and in the movie it is something that we miss out on since it is not mentioned at all. The incident was that Mehri falls in love with the neighbor’s son and once Marjis father knows of this he tells Hossein, the neighbors son, that she is a maid therefore Hossein decided to stop seeing her. Marjis Father explains to Marji, â€Å"You must understand that their love was impossible.  Because in this country you must stay withi n your own social class, (37). Many of the characters are also lacked full description, for instance, Mohsen, and Anoosh. From the movie all we hear about Mohsen is that he is found drowned in a bath tub and it leaves many unanswered questions such as why did it happen and who was he. In the book we know that he visited the Satrapi family the same day that Siamak visits but that is never portrayed in the movie. When it comes to Anoosh, in the movie towards the end of the story he is telling Marji, she asks if he has any family, and ends the conversation. On the other hand, in the book he tells Marji â€Å"†¦I married and had two children, two girls†¦Ã¢â‚¬  And we are also able to learn that his marriage did not turn out very well. Although, there were many details missing in the movie that were included in the book, I do not think that it takes away the intention of the book. A message is clearly stated throughout the movie as well as the book. In both resources we are able to see how the main character grows up and how her surroundings, and everything she has experienced, influence the person she became. In my personal opinion I feel as if the book was more appealing than the movie. The movie was short and brief and got to the main points of the story and was still able to get a message across. I feel as if the book was more detailed which made the plot clearer. Every character was described perfectly and every scene made sense and fell into place with the other scenes, so that they could all make sense. The details that are included in the book make the story bring more emotion to the reader for the fact that everything is explained, even the smallest details. The visual style for the movie was the same as the book, both were comics. The movie is all cartoons, which is something that I found interesting. I feel that making it into a cartoon was a smart decision because it makes it so simple and easy to follow. I enjoyed the fact that I was able to understand the movie very well, although it was in French, because many of the scenes were similar to the book. In the end, I think both the book and movie were enjoyable. What helped was that I had read the novel, before watching the movie. The lack of details and description of characters could have easily confused someone. On the bright side, a message was still able to get across through both sources.

Interview with a human resource manager Essay Example for Free

Interview with a human resource manager Essay Many organizations build human resource management section separately so that an expert service is provided to the people and the human resource function performed efficiently. These organizations consider people as their most priceless assets and so they need managers in this section who are efficient, responsible and devoted to the rules and regulations of the respective organization. For this they need a capable person who can cover up the responsibilities excellently and help in further development of the organization. Different organizations have varied expectations from the candidate and the ecruitment is done according to the requirements of the company. It depends upon the size of the company, the physical nature of the products, the size of the staff members, its functions, aims and complexities that decide what exactly is expected from a human resource department. A human resource manager has to keep a balance between the employer and the employees. He has to act as an advocate for both, the organization and the people who work for it. Only one or two decades ago the human resource manager was associated with personnel and administrative division of the company and mostly confined to some aper work. They had to deal with hiring of the employees for different sections of the company, paying them and dealing mostly with their benefits. But today most of the organizations are customer centered and are becoming more adaptable to changes needed for successful marketing strategy. So the responsibilities of today’s human resource manager is to take care of customer satisfaction and make specific changes considering success in marketing along with taking care of the benefits of the employees, payroll and do some paper work as well. The HR manager has to be very attentive and cautious with ny and every change that is taking place in the marketing policy. With the globalization of small and big businesses, it seems that the development of an organization depends quite a lot on the human resource manager and so he is answerable to almost every aspect of marketing and customer satisfaction section. This includes a lot of work pressure, which burdens the professionals a lot. Almost every human resource manager is suffering form this problem and feels the pressure from various directions. They have to discuss the matters and the targets need to be achieved in imited time and above all be updated with the latest in marketing strategy. Those who are interested in regular competition and want to progress fast can try and make human resource manager a career but I feel that with so much of work pressure a man will have to sacrifice a lot in life just to satisfy his ego and earn success and new heights in monetary section. With flexible working hours the manager has to sacrifice various aspects of recreation and relaxation with family and friends. With stress and conflicts in the organization, the human resource manager needs to take care of it before it does any harm to the organization. He needs to be like a team leader and convince the employees with the views of the management and vice versa. Open communication and discussion helps a lot and the manager balances if there is any aggressive attitude in the employees. The only thing that I work out from the interview with a human resource manager is that the job satisfies people who are very ambitious and enthusiastic. It is not that the job or its responsibilities are not reachable. Some managers find it very challenging and like to work in a competitive environment so that the charm of life and work remains there for them.

Siemens AG Global Development Strategy

Siemens AG Global Development Strategy In order to understand Siemens International RD current situation and thoroughly come up with alternatives and recommendations to solve possible issues that may arise, it is first crucial to analyze the companys strategy and rationale for International RD. There are several factors and reasons that led Siemens to pursue and International RD strategy, opposed to a domestic one. The first one is the obvious labor shortages that would take place was Siemens to perform its research and development in its Munich headquarters. It is quite obvious that centralizing all RD activities in Munich would result in a critical shortage of the ICNs 1500 employees allocated to the headquarters. Secondly, customers in the telecommunications industry usually require extremely customized solutions for their businesses. Thus, it is of the utmost importance that product customization is performed with the quickest response to customer needs possible. Thus, the regional allocation of engineers, technicians, etc., into Regional Development Centers (RDCs) plays a crucial role in the fulfillment of this task. Finally, the global spread of RD units would theoretically provide the company the possibility of taking advantage of exploiting time zone differences, and thus perform an around-the-clock development strategy. However, this concept has proven to be utopian due the interdependence between overseas counterparts consequent of the extremely high coordination needed for the development of this type of leading edge technologies. 1.2. STRUCTURE OF RDCs At the date of the case, Siemens ICN had 6 major overseas RDCs in the following countries: Austria, India, USA, Belgium, Slovenia and Portugal. These centers are related to the Munich headquarters through a HUB-Model, in which RD activities are mostly concentrated in and controlled by the Headquarters, whereas product customization takes place in RDCs. Firstly, the number of person-years and capital invested are two strictly correlated variables in the companys development effort. This is trivial since the amount cash spent in a certain projects is an increasing function of the working years invested by the employees in the development of these projects (salary vs. work). Secondly, labor cost advantage is also a crucial matter in any business. Thus, as can be seen in the table above, the U.S. employees take the first place as most expensive wage earners, whereas the Indian take the place as the cheapest. In this specific case, India presents a great advantage for Siemens ICN or any other technology development company, since there is a good tradeoff between low cost and high expertise in this field. Thirdly, employee turnover is an issue the company sometimes has to deal with. The ambition (and sometimes greed combined with low company loyalty) of employees makes them often migrate to other companies where better salary conditions are offered. This results in a very high employee turnover and difficult allocation of workers to medium/long-term projects. Finally, coordination costs between the Headquarters and RDCs are also of the highest relevance. Since we are talking about countries many times geographically separated by dozens of thousands of kilometers, it becomes extremely hard to articulate and coordinate work between the counterparts. However, not only the geographic and time zone distance influence increase these costs, but also the cultural distance between them, since this implies more time and money spent in trying to reduce it through frequent trips, workshops, etc. 1.3. BOCA RATON RDC In Boca Raton, Florida, U.S.A., is located Siemens second largest overseas RDC. This facility is majorly centered in the development of the Electronic Switching System Digital (EWSD), and functions as many of the companys other RDCs: Munich Headquarters provide the project-base for each EWSD release to Boca Raton, which customizes it to the U.S. markets unique industry standards. Moreover, this RDC benefitted from the accumulation of enough knowledge to acquire the increasing independency from the Headquarters to manage more complex system projects the development of the U.S. customer-required Remote Switching Unit (RSU) is a good example of this. However, despite strong bonds and mutual admiration were developed amidst the counterparts during the development of the RSU, still some critical issues concerning working culture arose: the German culture of building road maps to guide the project development (think first, act later) was completely the opposite of what Americans used to do (act first, think later). Despite there is the rationale of keeping up to competitor technological developments and customer need adaptation for the Americans to perform their work in such a way which would denote a certain degree of home-base augmentation there is an obvious lack of home-base exploitation from the company, since the Germans are not effectively embedding their working culture in their American subsidiary. 1.4. INDIA RDC One of the major problems prevailing in Siemenss international RD process is the different working styles and culture clashes between its local and overseas developers. The contrast is most evident in Bangalore RD center where the Indians are working with their senior partners from Germany. While the Germans expect the Indians in Bangalore to show more interest in working with vast machines rather than to pursue entrepreneurial jobs during the process, the Indians hope the Germans could cancel some of their pre-arranged vacations and give them a hand in some critical points of time. Moreover, as with the Germans feeling uncomfortable about discussing wages issues in public, which is often the conversational topic of the Indian employees, the Indians regard it as being impolite to say No or speak up ones mind in a big meeting, which is required by the German seniors to necessitate the decision making process. This fact is dangerous in a sense that the Germans do not really know whether the Indians developers would be able to perform a specific task as they never say No to the Germans request. In the end, the Indians may end up wasting their time and resources as the tasks are beyond their capabilities. More adversely, miscommunication between Munich and Bangalore and between Germans and Indians, in a smaller scale, often occurs due to the Indian personnels avoidance of blunt request for further clarification in the first place. As a result, the Germans always find it necessary to have face-to-face interaction with Indian engineers in order to re-confirm everything is on the right track. Overall, most of the issues mentioned above stem from the difference in personalities of people from different nationalities. If no action is made to alleviate such discrepancy and to seek the most basic understanding ground among cross-cultural employees, Siemens would continue to incur unnecessary management costs. With this remaining cultural and communicational problems, headquarter in Munich played mainly an administration role. As the customers of Siemens ICN are most of the time Germans or least westerner, RDC in India had a position as an RDC for exporting, which means they follow the directions what is given from headquarter. RDC in India had limited chances to communicate with their customer directly. On Munich side, they had to explain, and had to give the specification to Bangalore. However, they couldnt have enough communication for subtle changes from customers or organization matters such as budget cuts, changes of managers in Germany. Should some changes from Germany, the managers in Munich correspond between India and Germany. It increased the possibilities of missing out on some specifications or misunderstanding between customer and RDC. RD center in India had to sometimes postpone their work due to those confusions. Although the actually RD site is in Bangalore, Munich took the role to integrate and test the entire system which is based on the subprojects developed by Indians. They soon faced difficulties to do that job because they didnt actually perform RD but the developers in Bangalore. Furthermore the subprojects are far more independent than they expected. It causes high inefficiency level that the RDC in India should work again and to find the problems for the system. As these RDC and headquarter are thousand kilometers far away to each other, they need additional care for cooperation and communication. As they should work together across Bangalore and Munich for After-service of their products, the remaining inefficiency of headquarter and RDC in India need sufficient attention. In addition to, gradual loss of cost advantages in international labor force was another problem and India was the standout country. Firstly, high turnover rate among Indian programmers caused high costs to Siemens. For instance, Bangalore programmers were even asking salary information of the German workers. Secondly, time to train a new recruit was long while the employment turnover rate was increasing. One reason was that Indian programmers were trained on inexpensive personal computers so that they relied heavily on German guidance for working on large systems. Thirdly, other competitors were emerging as first choice for local labor force in India. Siemens was considered as one of the best employers to work for in Bangalore in the past but other competitors such as Cisco and Lucent showed up and the competition to hire talented workers made Siemens to slipped from front-runner status to a middle-ranking. Lastly, wage increasing trend in Bangalore had undermined the cost advantage of this RD center to Siemens. The wage for developers in Bangalore increased roughly 25% every year. Siemens had lack of separate team to handle customers complicated technique request. Hard problems were often had to be referred to major RD centers, by which the personnel would be pulled from the RD team and away from their current projects just to solve the problem lead to delay in product release and inefficiency. In addition, there was a strong threat by internet industry. By the mid-1990s, voice transmission via Internet is faster and cheaper. If the internet companies can improve its reliability and quality for phone making, they would dominate the entire communication industry. Furthermore, Siemens had some difficulties in maintaining quality and workforce motivation at its American RDC as the company had experimented with the use of strongly defined project teams for each release of a product. We did a personal analysis for Siemens comparing with competitors and found out that Siemens was spending too little money for the RD during 1995 to 1999 compare to major competitors and industry average which is TELEPHONE TELEGRAPH APPARATUS. As you can refer to the figure3, Siemens RD intensity was 0.0078 that was not only lower than Nokia and Ericsson but also way below the industry average level which was 0.73. 2. RECOMMENDATIONS 2.1. INCREASE OF AUTONOMY The lack of autonomy granted by Munich to overseas RD centers, in general, and Bangalore center, in particular, largely contributed to the inefficient coordination and worsened the existing culture clash in Siemens. To make corrective actions, Munich should give more empowerment to their international RD centers in regard to such downstream activities as interaction with customers. In specific, by directly talking to customers, the Indian team would have a better understanding of customers specification requirement and expectation as well as an increased sense of belonging to the job they are performing. It is prudent enough if small customers are first assigned to Bangalore center in order to test and evaluate its ability to simultaneously produce and handle with customers. This is also opportunities for Indian developers to accumulate their experience so that they can deal with bigger projects on their own in the future without much of Munichs scrutiny. For instance, Siemens could consider developing RDC in India as their Asian RD center, so that the Indian developers can read the Asian customers needs with their geographical advantages to Asia and at the same time, they can perform their requirements independently from headquarter in Germany. In addition, it is advisable for Munich to integrate and test the system in the place the subsystems are originally generated. For example, German supervisor from Munich should travel to Bangalore to conduct the integration and testing rather than send the sub-products back to and fly Indian developers to Munich. The reason is that in Bangalore, German managers can easily get their needed information from the Indian staffs, who directly participated in the task performance, in case there are any problems during the integration and test process. This practice helps eliminate the need for and cost of long-distance communication, let alone miscommunication which may arise due to language differences. More importantly, by conducting the product integration and testing in Bangalore, the Indian staff would have a feeling that their contribution is worthwhile as they can keep track of their spiritual product until it is completed and delivered to customers flawlessly. As a result, it would not hurt the Indians self-esteem while improving their sense of responsibility and belonging toward the company as they take control of what they produce. Moreover, adoption of Delphi approach in important board meetings among multicultural staffs would preclude their shyness and encourage all people to speak up their minds in an acceptable way to all the cultures. Even though the Delphi approach is time consuming and require everyone to meet face-to-face, it proves as the good solution in short term while Indian heads felt it wrong to reject other peoples ideas in a big meeting. In the long run, so as to bridge the cultural gap, Siemens should take on more approaches. In terms of communication matter, if the managers from Germany are qualified as international experts especially for Indian culture, they could deeply understand Indians communicational way. This can efficiently deliver customers need to Bangalore and also maximize the performance in India. Such an international cross over can also implemented other way around. For instance, Indians who have experience with Germans or least Westerner could understand their supervisors and customers need more exactly. These Indian international experts could bring also the ideas and project status in sense what their western-customers and co-worker need. This autonomy grant to Siemens Bangalore RD unit or, if necessary and proven to be a successful measure, to other units would possibly result, in the long-term, in a change of the companys structure from a HUB Model to a Network Model, in which the global control of RD activities would be split between the companys global competence centers, both at home and host countries, with a bi-directional technological knowledge flow. 2.2. IMPLEMENTATION TO REDUCE CULTURAL DISTANCE In order to improve their cross cultural understanding, here are some recommendations to get them having the idea of how their counterpart functions. Firstly, to have cultural workshops by international experts or even their co-workers from India, so that they can understand and know each others culture better, leads to lower possibility of occurrence of misunderstanding and miscommunication between Indian and German workers. Secondly, Siemens could provide Global sporting activities or family gathering in different countries. By having gathering events, employees can easily develop team spirits and become friends, reduce their cultural distance to each other after all. For instance, Hyundai Motor Company first had difficulties with managing and controlling the multicultural employees within the company because there was huge cultural distance between them. To deal with this problem, for instance, they started a global 33 basketball tournament across their local offices and it increases their profitability by having good relationship with each other (Korean and foreign counterparts) beyond the cultural backgrounds. During the matches, employees could feel that they share the same goal and they can well co-operate each other, regardless of their different nationality. 2.4. REDUCTION OF EMPLOYEE TURNOVER RATE Even though India had one of the worlds three largest engineering workforces, companies still engaged in a fight for talent. It was so, because the labor market is a global one, so a lot of companies would recruit software engineers to both work in their Indian units, but also to work elsewhere, as Indian talent was highly regarded in this field. Also, both national and international companies had substantial operations in Bangalore, Indias computational technology center, to benefit from the talent pool and the low cost labor, so companies often adopted aggressive strategies to attract the best and the brightest. Siemens had long established in India and was had a formidable reputation, being regarded as one the best employers to work for by young Indians. However, this was changing with the increasing competition for engineers by companies such as Lucent and Cisco, and as Siemens provide a great experience and learning curve, recruiters would often go after the companys engineers, and would pay a premium to have them switch companies, making the annual turnover rate in India, 35%, the highest in the company. Also, there was culture clash between the Germans and the Indians in Siemens, as Indians showed to be somewhat impatient and looking to move projects more often than what was planned by the German management. Also, Indians preferred leading-edge projects in the fields of mobile telecommunications and internet protocols, rather than what was being assigned to them, which was quality testing and integration tasks, which were more repetitive and less stimulating. The Germans also showed lac k of knowledge with regards to the Indian way of working, because the Indian output was not always reliable, as they kept changing approaches and they would rather fix problems right on the spot and not document them for future knowledge and improvement, and this was against the German mindset. All these issues helped keep the turnover rate high, and Siemens had to look for solutions to this problem. It seems that, to keep engineers happy, and as they were to open to discuss wages everywhere, Siemens would have to offer better wages, at least to their most talented employees. Perhaps the best way to do so, and to keep the incentive of increasing performance whenever possible, would be to keep the base salary where it is and offer performance based bonuses and also, stock options plans. There could be a 2 tier performance based bonus scheme, with both a short term component to it, and a longer term one that would only be awarded if the employee stayed in the company for a certain number of years and kept his/her performance level, to ensure that the motivation was always high and that the proper incentive mechanisms were in place. Regarding the stock options, this would also ensure the long term loyalty to the company and the incentive to adopt both a short and long term approach on a daily basis. These suggestions bring up the need to have measure of performance, as objective as possible. Working hours are not the best measure of productivity as anyone can stay longer and that could promote inefficiency, poor time management and a decrease in output. Criteria such as on time delivery of projects, inexistence of errors, reliability and integration of systems, after sales service and overall customer satisfaction (measured by both formal and informal feedback on all levels of interaction) could provide better ways to reward performance. Also, employees with out-of-the-box thinking, extraordinary contribution to projects, engineers that developed innovative systems and ways to overcome issues and provide a better and more efficient services to the customer, could be rewarded, both financially and non-financially. To boost motivation, and in lign with the previous recommendation, top performers could be given a certain amount of time on a daily or weekly basis to develop side projects for the company on their initiative, in order to feel more stimulated and rea lly adding value to the company and the clients. Also, besides the health, housing and vehicle benefits already in place, there could be an effort to transform the offices into more friendly working environments, in an attempt to adopt some of Googles employee motivation strategies, so that employees feel more motivation, loyalty and corporate citizenship that will ultimately lead to better output and satisfied clients. 3. FURTHER MANAGERIAL ISSUES Despite we hope and expect the recommendations given to have a positive impact in the Siemens International RD operations, there are some issues that may arise from these measures, though. If we think about the increase in autonomy granted to the Indian RDC, for instance, there is a dangerous threat in which the company may incur, is this measure to be taken. It is quite obvious that the more autonomous a person or an entity becomes from an upper body, the more tendency it has to deal with any different situation in its own way, either it is solving organizational problems, negotiating with suppliers or dealing with customers. Thus, due to the cultural differences that are felt between Indians and Germans, this is a situation very likely to happen. Consequently, and without wanting to state this is what would eventually happen for sure, this autonomy grant might result in a deviation from the companys way of operating from the Indians. The final outcome of such a deviation could be catastrophic for Siemens, since it could jeopardize a whole corporate culture and way of doing business, blurring the companys image to stakeholders eyes. Thus, as it was stated before, this process should be gradual and always under headquarters supervision. Finally, another issue that might arise from our recommendations is the loss of labor cost-advantage in India. Even though we are perfectly aware that, in one way or another, wage levels will necessarily increase in India in the next years especially in the technological field, due to the increasing demand for expertise in this area, as well as for the countrys overall economic development it is undeniable that this incentive program would increase Siemens expenditure in workforce and, consequently, mean the loss of the cost-advantage the company had by employing experts in the field at a lower price.