Oil, Gas, and Mining

Page 148

Box 5.4 Petroleum Technical Assistance to South Sudan South Sudan was officially recognized as an independent state in July 2011. Since then, it has become the most petroleum revenue-dependent country in the world (with dependence at 98 percent of its budget). A grant of US$ 3.3 million was prepared by the World Bank, working closely with the South Sudanese government and other key donors, such as Norway, to address South Sudan’s urgent petroleum sector priorities in three key areas. The grant would do the following: 1. Assist the Ministry of Energy and Mining and Ministry of Finance and Economic Planning

that those other agencies will be seriously disadvantaged in their engagement on EI sector issues. It is not unusual to find that some ministries or agencies are actively encouraging new investment while, at the same time, others are in effect creating barriers (for example, in their approach to environmental permitting procedures). This can obviously create additional risks for investors and fewer benefits for government. As a practical matter, this can cause problems with issuing visas and work permits and providing customs clearances and releases for goods and equipment. Thus, there is great value in developing well-organized and coordinated EI sector knowledge-sharing and information flows. In particular, it is important that the EI sector ministry coordinates well with other government departments in order to achieve effective oversight, regulation, and risk sharing between government and investors (Alba 2009, 9). Efforts at institutional reform

An increasing number of countries have engaged in major reforms of their institutional structures responsible for oil, gas, and mining. From Indonesia and Mexico to Nigeria and Algeria, there are examples of countries that have found their institutions inadequate to handle evolving national circumstances, changing resource horizons, or market conditions. As a result, they have initiated, at a minimum, reviews of existing arrangements, and more ambitiously, programs of sweeping institutional change. Some of these have succeeded, at least in part, and others have stalled or failed.

128

OIL, GAS, AND MINING

(MoFEP) in assuming certain core functions related to EI sector management and revenue management 2. Assist MoFEP in establishing a macroeconomic and fiscal policy framework that takes into account the challenges of extreme petroleum dependence 3. Assist relevant committees of the South Sudan Legislative Assembly to begin to carry out their accountability function for the use of petroleum revenues In all cases, appropriate external expertise has been carefully identified and will be twinned with selected South Sudanese expertise for training and capacity building purposes.

These experiences have generated a growing body of literature, which has relied heavily on case study analysis, sometimes using political economy theory as a tool for analysis (Victor, Hults, and Thurber 2012). Heller and Marcel (2012) have rightly observed that much of the literature on the hydrocarbons sector is heavily biased toward the experiences of large, well-established oil producers, which have geological prospects and institutional capacity levels that are very different from the context of administrative, human, and oil sector capacity constraints that typically characterize the new entrants. To build capacity quickly, the governments concerned face the choice of concentrating resources and responsibilities in a single institution, such as an NRC or sector ministry, or to separate the functions and lay the foundations for good governance. Hydrocarbons. Much of the reform effort in the hydrocarbons sector has been influenced by the Norwegian “separation of functions” approach, whereby the commercial, regulatory, and policy functions of government are kept institutionally distinct. Specialist institutions are created for each of these functions and given a limited mandate so that intragovernmental roles are clear. Such an approach appears to have had much success in Norway in resource management, but this provides no guarantee that it can be replicated in countries with very different political systems, population sizes, and institutional structures. A major constraint is often a lack of human capital, but so is a lack of institutional development, such as one might expect to find in a postconflict society. For example, in a study of several oil-producing countries and


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10.1 Environmental and Social Institutional Arrangements

3min
page 316

10.6 Response 3: Accountability—Stakeholder Consultation and Participation

3min
page 315

10.5 Response 2: Effective Implementation, Monitoring, and Enforcement

3min
page 314

10.4 Response 1: Appropriate and Adequate Rules

3min
page 313

Notes

6min
pages 303-304

9.11 Goal Setting and Community Participation

11min
pages 298-300

9.7 Summary and Recommendations

7min
pages 301-302

9.10 Social Impacts: Special Issues

3min
page 297

9.9 Essentials of a Good Environmental Protection Regime

19min
pages 292-296

9.8 Challenges Associated with Artisanal and Small-Scale Mining (ASM

3min
page 291

9.6 The Responses

7min
pages 289-290

9.7 Decommissioning and Environmental Protection Plans

3min
page 288

9.5 Tools: Legal and Regulatory

30min
pages 280-287

9.6 Potential Opportunities Generated by ASM

3min
page 279

9.5 Reframing the ASM Debate: Integrating It into the EI Value Chain

3min
page 278

9.3 The Deepwater Horizon Oil Spill

11min
pages 273-275

Areas and Critical Ecosystems (PACE

7min
pages 276-277

9.4 Challenge 2: Environmental and Social Impacts

4min
page 272

9.2 Objectives of the Parties to an Infrastructure Project

2min
page 271

9.1 Liberia: Open Access Regime in Mineral Development Agreements

11min
pages 268-270

Investments Create Positive and Sustainable Impacts

23min
pages 262-267

9.2 Two Key Challenges

3min
page 261

8.4 Civil Society–Led Initiatives

3min
page 252

8.5 Private Sector–Led Initiatives

3min
page 253

8.6 Emerging Global Norms and Standards

3min
page 251

8.3 The Seven Requirements of the EITI Standard

5min
pages 249-250

8.5 Transparency Initiatives

3min
page 248

8.2 EIs and Social Accountability

2min
page 247

8.4 Challenges and Special Issues

3min
page 244

8.1 Balancing Transparency Interests: Opposing Dodd-Frank

7min
pages 245-246

Other Resources

1min
pages 238-240

8.2 Definition and Scope

3min
page 242

8.3 The Benefits of Transparency

3min
page 243

Notes

8min
pages 232-233

7.4 Examples of Revenue-Sharing Formulas

17min
pages 226-230

7.9 Revenue Allocation and Subnational Issues

3min
page 225

7.8 Spending Choices and Use of Government Revenues

16min
pages 221-224

7.7 Alternative Means of Addressing Volatility

4min
page 220

7.6 Addressing Volatility: Stabilization Funds

3min
page 218

7.3 Stabilization Funds: The Experience of Chile

3min
page 219

7.5 Alternative Means of Addressing Fiscal Sustainability

7min
pages 216-217

7.2 Savings Funds: Four Examples

6min
pages 214-215

7.3 Consume or Save?

10min
pages 205-207

6.5 What a Well-Designed Fiscal Regime Must Do

3min
page 197

7.1 Botswana and Chile: Experiences with Fiscal Rules

3min
page 208

7.2 Why Revenue Management is Difficult

3min
page 204

6.4 Routine Tax Administration: Challenges

7min
pages 194-195

6.7 Summary and Recommendations

3min
page 196

6.6 EI Fiscal Administration

3min
page 193

6.5 Special EI Fiscal Topics and Provisions

27min
pages 186-192

6.3 Elements for Action on Taxation of Transfer of EI Interest

3min
page 185

6.4 Main Fiscal Instruments under a Fiscal Regime

20min
pages 175-179

6.1 Forms of State Participation

13min
pages 180-183

6.2 Key Fiscal Objectives

13min
pages 170-173

6.3 The Main Types of EI Fiscal Systems

3min
page 174

5.4 Summary and Recommendations

3min
page 164

5.8 Unitization in Maritime Waters

32min
pages 156-163

5.6 Petroleum Sector Reform in Brazil

3min
page 150

5.5 Petroleum Reform in Colombia

3min
page 149

5.1 Institutional Structure: The Ministry and the Regulatory Agency

22min
pages 138-143

5.2 Mining Participation

3min
page 144

5.2 Organization in the Public Interest

5min
pages 136-137

5.3 NRC Success Stories

11min
pages 145-147

5.4 Petroleum Technical Assistance to South Sudan

3min
page 148

Notes

12min
pages 128-130

4.13 Taking Action: Recommendations and Tools

4min
page 127

4.12 Summary

4min
page 126

4.11 Disputes: Anticipating and Managing Them

8min
pages 122-123

4.11 Claims under Bilateral Investment Treaties (BITs

7min
pages 124-125

4.10 Contract Negotiations

3min
page 121

4.10 The Four Main Forms of Stabilization Clause

3min
page 120

4.9 Investment Guarantees: Stabilization

4min
page 119

4.8 Why Regulations Are Necessary

7min
pages 117-118

4.9 Geodata

23min
pages 111-116

4.7 The Award of Contracts and Licenses

3min
page 110

4.6 Contractual Provisions for Natural Gas

16min
pages 104-107

4.7 Model Mining and Development Agreement

3min
page 108

4.5 Local Benefit: The Kazakhstani Experience

7min
pages 102-103

4.4 Local Benefit

3min
page 101

4.8 Practices to Avoid

3min
page 109

4.6 Contracts and Licenses

31min
pages 93-100

4.5 Hydrocarbons and Mining Laws

27min
pages 86-92

4.3 Deep-Sea Mining

3min
page 85

4.2 Licensing across Shifting International Borders

3min
page 84

4.4 Policy Priorities

11min
pages 81-83

4.3 Eight Key Challenges

3min
page 80

4.1 Sovereignty over Natural Resources

3min
page 79

4.2 Getting Started: Facts of EI Life

3min
page 78

Other Resources

4min
pages 73-76

3.4 Convergence of Mining and Hydrocarbons?

16min
pages 67-70

3.3 Key Differences of the Industries

7min
pages 62-63

3.2 Features Specific to the Oil and Gas Sectors

2min
page 65

3.1 Key Differences between the Petroleum and Mining Sectors

3min
page 64

3.2 Common Features of the Industries

7min
pages 60-61

References

13min
pages 53-56

Other Resources

1min
pages 57-58

Notes

8min
pages 51-52

2.6 Conclusions

4min
page 50

1.2 The EI Value Chain

11min
pages 31-33

1.5 Our Approach

3min
page 34

1.4 Bridging the Knowledge Gap

3min
page 30

2.2 The Opportunities Arising from Resource Abundance

8min
pages 40-41

2.1 Changing Perspectives: Reframing the ASM Debate

3min
page 42

1.2 The Demand for Knowledge

4min
page 24

2.4 Understanding the Challenges: Changing Perspectives

8min
pages 47-48

2.5 Applying New Insights

4min
page 49
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