Oil, Gas, and Mining

Page 248

resisted making this a blanket requirement, recognizing the multi-issue complexity of their relationships with client governments. In some cases, however, transparency has been made an explicit requirement and, more generally, IFIs—especially in resource-rich states—have mainstreamed transparency in their country dialogues. Strict conditionality provisions in IFI agreements have provided the basis for IFI intervention when governments fail to keep their end of the transparency agreement. For example, following amendments to the EI revenue management law in Chad, the World Bank froze the country’s petroleum revenues held abroad (BWP 2006). It must be recognized, however, that conditionality has often been cited as the downfall of projects in developing, resource-rich countries, and many question whether the principle should endure (Koeberle 2003; Bird 1998).

8.5 TRANSPARENCY INITIATIVES

From the early 2000s there has been a significant proliferation in transparency forums and initiatives focusing on the EI sector (World Bank 2010, 18). EI transparency has been a regular item on the agenda of UN agencies, country groupings (such as the G8), and regional groupings (such as the New Partnership for Africa’s Development). However, in terms of dedicated EI sector transparency initiatives, there are currently four major but varied forums that have been developed and each approaches the subject from a slightly different platform: the Kimberley Process Certification Scheme (Kimberley Process), the Publish What You Pay (PWYP) campaign, the EITI, and the World Bank Governance of Extractive Industries (GOXI) online platform.

Kimberley Process

Established in 2003, the Kimberley Process was one of the very first initiatives to use transparency requirements to track so-called blood diamonds (rough diamonds used by rebel movements to finance wars against legitimate governments) and restrict their import from states where they were used to support conflict.19 Under this scheme, member states can certify their diamonds as conflict free before entering the international market. This initiative was developed from UN resolutions aimed at limiting conflicts and atrocities linked to diamonds in states such as Angola, Côte d’Ivoire, Sierra Leone, and the Democratic Republic of Congo.20 It has provoked controversy in its implementation, with opinions differing on its effectiveness.

228

OIL, GAS, AND MINING

PWYP campaign

Established in 2002, the PWYP campaign is an international coalition of more than 650 civil society organizations in more than 30 states.21 It undertakes public campaigns and policy advocacy to achieve greater transparency in EI revenue reporting and contracts. Its two main goals have been (1) to encourage companies to publish what they pay and for governments to publish what they earn as a necessary first step toward a more accountable system of resource revenue management and (2) to encourage public disclosure of EI contracts and transparency of licensing procedures in accordance with best international practice.

EITI

Established as an independent international body in 2007, the Extractives Industries Transparency Initiative is a multistakeholder initiative intended to promote accountability and good governance in resource-rich states through the generation and publication of credible data on payments made by EI sector companies to host-state governments.22 The number of petroleum and mining states compliant with or candidates for the EITI standards was 51 as of March 2017. Committed stakeholders include host and home governments, investors, industry, international organizations, and civil society. Its operation is linked to a version of the EI Value Chain concept illustrated in figure 8.1. A Standard for compliance with the EITI process has been agreed to, and procedures for validation of country performance have been established and are currently being applied. The seven requirements of the EITI Standard are summarized in box 8.3. In many countries, the most important contribution of the EITI has come about because governments have decided to act on recommendations that have emerged from EITI reporting. Experience suggests that the nature of the recommendations in EITI reports and the extent to which the EITI multistakeholder groups and the government follow up on the recommendations significantly influence the impact of the EITI. In many countries, EITI reports have been useful diagnostic tools identifying weaknesses in government systems. EITI reports have often made recommendations aimed at addressing such weaknesses and improving sector management. They are making an important potential contribution to policy reform and change. However, even where EITI reporting has revealed shortcomings, the recommendations have often focused on


Turn static files into dynamic content formats.

Create a flipbook

Articles inside

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
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.