Oil, Gas, and Mining

Page 226

4. The national government’s ability to make statewide decisions on revenue use on the basis of assessments of economic efficiency and vertical and horizontal equity, offset in part by local government insistence on acquiring a major share of their “patrimony” 5. The prospect of enhanced accountability, expenditure program design, and implementation through subnational assignment of revenues 6. Issues of trust between local and national governments related to both distribution and expenditure of revenues Balancing these considerations in practice is likely to prove very difficult and certainly complicates the task of integrated and comprehensive resource revenue management. Moreover, in the fiscal federalism literature there is a broad consensus that resource revenues should be centralized (they should accrue to the central government).31 In this respect, the United States and Canada are outliers, since in most resource-rich countries revenues are centralized and an intergovernmental transfer system is in place to share them. If there is a dilemma about balancing, it turns, on the one hand, on the value of institutional capacity building and technical assistance in public fiscal and expenditure management, at all levels of government, and, on the other, the importance of fostering effective dialogue and coordination. In fiscal decentralization, regional and subnational authorities may lack the capacity to manage revenues. This means that there is a role for the central ministries of economy and finance (and civil society bodies) to provide

assistance, supervision, and scrutiny at that level and ensure that an optimal utilization of the revenue occurs. Revenue sharing

This is an intergovernmental financial relationship between the central government and subnational governments. Revenues from EI production could be collected in a single account and then distributed according to an agreed formula between the central and subnational governments.32 A derivation principle is often used, whereby each subnational government’s share is related to the oil revenue that originates in its territory. The formula may be needs based or resource based. The criteria on which a formula is based may include population ratios; land mass; the need to ensure an equal standard of public services between regions or provinces; distinctions between current and future producing resources; central-national and local-provincial needs for expenditure; payments to producing areas; and compensation to provinces, districts, and indigenous peoples for resource development and any related environmental or social damage. In fairness, such criteria could also be used for many intergovernmental transfer systems. In some cases, it may be appropriate to fix in legislation a percentage from the total amount for local communities. An alternative, procyclical approach would be to fix the percentage annually at the moment of approval of the national budget. As shown in box 7.4, in Nigeria the formula used by law requires the parliament to take several of these criteria into account before approving a formula every

Box 7.4 Examples of Revenue-Sharing Formulas Indonesia ■ ■

206

The scheme was established in Law 33/2004. It requires 15 percent of oil revenues and 30 percent of gas revenues to be transferred to the originating provinces and the districts in them. Within this scheme there is a distinction between producing and nonproducing districts. Special asymmetric arrangements exist (for example, for Aceh) that allow receipt of 70 percent of the oil and gas revenues produced in their jurisdictions instead of the general arrangement. The allocation of revenue sharing is based on the actual, realized, oil and gas revenue. This means

OIL, GAS, AND MINING

that revenue sharing received by regions fluctuates with variations in the oil and gas price. The net oil revenues are distributed 84.5 percent to the central government and 15.5 percent to the relevant subnational government. Net gas revenues are divided as 69.5 percent to the central government and 30.5 to the subnational government. Of the revenues received by the subnational government, 20 percent is allocated to the provinces, 40 percent to the producing district, and the remaining 40 percent is equally distributed among other districts within the province. Revenue from mining, particularly from land rent and royalty, is shared between central and subnational


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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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