Oil, Gas, and Mining

Page 225

human capital, some indicator will be required. In some cases, an indicator has been used to measure whether the depletion of natural capital has been compensated for by investment of extractives revenues in other assets such as education and physical infrastructure such as roads and water supply. Natural capital accounting can be a way of measuring growth in the context of long-term sustainability and can also influence spending choices (World Bank 2013). Botswana, for example, uses a sustainable budget index (the ratio of noninvestment to nonmineral revenues). However, there is no enforcement mechanism to ensure compliance, nor is there any guidance on the composition of public investment expenditure. In practice, mineral revenues “have been entirely devoted to investment in physical and human capital assets, and have not been used to finance recurrent spending” (ANRC 2016, 13). 7.9 REVENUE ALLOCATION AND SUBNATIONAL ISSUES

A major challenge for government policy in the EI sector is how to design a method of resource revenue allocation that takes into account a key fact of life: natural resources are very often unevenly spread geographically within, as well as across, countries. This has the potential to lead to wide disparities in income in decentralized systems and to claims that allocation should benefit producing areas disproportionately. Where different layers of government coexist, such as central, regional, and local, the resulting horizontal fiscal disparity requires a particular response, sometimes called “fiscal federalism.”30 For both federal governments and devolved systems of government that are not strictly federal, revenue allocation issues between central and subnational governments have become increasingly common, particularly where countries have heterogeneous populations and centrifugal tendencies. First and foremost, the form of revenue allocation that results is one that follows from a political decision. In most countries, resources will be owned by the state, but in some, ownership will reside in provincial state bodies, and in the United States to a significant degree among private landowners. Coastal municipalities also receive rents, even from offshore hydrocarbons, as in Brazil. Sometimes the overall legal structure may be federal but issues of revenue sharing can readily arise among countries with looser, devolved structures. Any form of EI revenue allocation entails a number of choices to be made. These include the scope of distribution, particularly geographical distribution across producing and

nonproducing regions, but also the objectives or outcomes sought by the distribution of revenues: compensation for social and environmental impacts, reduction of income inequality, or political economy imperatives, such as conflict mitigation and historical legacies, for example. Choices also include the method of distribution: should it be formula-based and, if so, what objective indicators should the formula include, or should cash transfers be used? Even more challenging is the need to find a path between objectives that compete with each other: a government may have to reconcile the aims of national cohesion and conflict avoidance, on the one hand, with local service delivery and effective macromanagement, on the other. Research on revenue allocation suggests a useful distinction can be made between revenue sharing and revenue assignment (McLure 2003; Ahmad and Mottu 2003). The question that arises with respect to assignment is, to which level of government should resource revenue accrue in a multilayer system of government? Or, who should tax extractives, and how? In many cases, it will be the central, national level, but in some countries such as the United States and Canada it will be subnational. The question that arises about revenue sharing is different. If the national government obtains the revenue, how does it share it with the subnational governments? An option is to share the revenue bases, meaning that part of the revenue (arising from the application of a single fiscal regime to the sector) directly accrues to the national level and part to the subnational level (the extractive-producing regions). These questions raise vertical and horizontal balance issues. Revenue assignment

For countries with federal and even unitary systems of government, the approach to revenue assignment will be influenced by the following considerations: 1. The generally superior institutional capacity of the national government 2. The ability of the national government to offset instability in resource revenues based on their larger budgets, more sources of nonresource income, greater access to credit markets, and the power to engage in monetary policy 3. The local costs of providing public services and infrastructure and the local social and environmental costs imposed by exploitation of the petroleum or mineral resource

CHAPTER 7: REVENUE MANAGEMENT AND DISTRIBUTION

205


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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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