Oil, Gas, and Mining

Page 251

solutions to challenges related to conflict minerals in the Democratic Republic of Congo and the Great Lakes Region (GLR) of Central Africa. Leaders worldwide are calling for action to address conflict-mineral concerns while delivering solutions that benefit those involved in responsible minerals trade in the GLR. The PPA aims to demonstrate that it is possible to secure legitimate, conflict-free minerals from the region. Fair trade

Specifically operating in the context of artisanal and smallscale mining (ASM), fair trade has been defined as “a trading partnership based on dialogue, transparency and respect that seeks greater equity in international trade. It contributes to sustainable development by offering better trading conditions to, and securing the rights of, marginalized producers and workers—especially in the South” (WFTO 2014). Fair trade organizations (backed by consumers) are engaged in supporting producers, raising awareness, and campaigning for changes in the rules and practice of conventional international trade. The Communities, Artisanal and Small-Scale Mining initiative’s document Certification and Artisanal and Small-Scale Mining considers a detailed analysis of ASM in the context of fair trade, including practical detailing steps for community-based mining engagement and drivers (CASM 2008). 8.6 EMERGING GLOBAL NORMS AND STANDARDS

As is true for good EI sector management in general, the effective introduction, implementation, and maintenance of EI sector transparency will depend on the participation of all affected parties. However, the diversity of approaches to transparency and accountability has been evident in the proliferation of governance-related initiatives in recent years.24 In the previous section a number of voluntary initiatives were presented. This section focuses on efforts that states themselves have taken toward clarifying global transparency standards, such as article 10 of the UN Convention against Corruption, which requires signatory states to enhance transparency in the administration of their obligations (UNODC 2004). Both individually and collectively, states themselves are instrumental in creating a more transparent EI sector. The emerging norms and standards are summarized in the following material by reference to the players who drive them or who have a stake in them.

Host governments

Two kinds of national governments are involved: those in resource-producing states (host governments) and those in investor states (home governments). They are not mutually exclusive. Resource-producing states have a key role in any initiative to require transparency and to foster accountable processes. A significant number of these states have committed themselves to revenue disclosure through the EITI process,25 as has been discussed. Some have considered a further step of contract disclosure. Increasingly transparent proactive hostgovernment legislation, regulation, and administration across the EI Value Chain stands to provide instructive examples for other countries seeking to improve their own EI sectors.

Home governments

Among host governments, some investor states are compelling companies to disclose information and modify behavior according to legislative measures adopted in these states. Among the examples of this are the Canadian Extractive Sector Transparency Measures Act of 2015, the U.K. Reports on Payments to Governments Regulations of 2014 No. 3209, and the EU Accounting and Transparency Directives (see section 8.4). Norway has also been a leader with respect to transparency, having required since 2014 that extractives companies disclose payments to governments at the project level. This supplements existing antibribery legislation in some countries, such as the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and other acts specifically prohibiting bribery of foreign public officials in Canada and Australia. Given the large percentage of extractives market share that is represented on international stock exchanges, the collective impact of the noted mandatory legal requirements is likely to be significant. Specifically, 68 of the world’s 100 largest oil and gas companies and 40 of the 100 largest mining companies are registered with the U.S. Securities and Exchange Commission (SEC) and therefore captured by section 1504 of the Dodd-Frank Act. Also of the 100 largest oil and gas companies and mining companies, 24 and 28, respectively, are listed on an EU-regulated exchange or incorporated in an EU member country and therefore captured by the EU Transparency and Accounting Directives; 14 and 16, respectively, are listed on the Toronto Stock Exchange; and 2 and 1 on the Oslo stock exchange, with similar effects from the national legislation (PWYP 2015). The practices of some major stock exchanges underline the trend but perhaps also the limits of these efforts to promote adoption of mandatory rules. For example, the Hong Kong

CHAPTER 8: TRANSPARENCY AND ACCOUNTABILITY

231


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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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