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1. Sustainable Drive, Sustainable Supply: Priorities to Improve the Electric Vehicle Battery Supply Chain

Author:
Patrick Heller, Ethan Elkind, and Ted Lamm
Publication Date:
07-2020
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
The global transition from fossil fuel-powered vehicles to electric vehicles (EVs) will require hundreds of millions of batteries. The need for such massive production raises questions from the general public and critics alike about the sustainability of the battery supply chain, from mining impacts to vehicle carbon emissions. Growing demand for the mineral inputs for battery production can provide an opportunity for mineral-rich countries to generate fiscal revenues and other economic opportunities. But where extraction takes place in countries with weak governance, the benefits expected by citizens and leaders may not materialize; in some cases extraction can exacerbate corruption, human rights abuses and environmental risks. To address these questions, the Center for Law, Energy & the Environment at U.C.-Berkeley and NRGI are conducting a stakeholder-led research initiative focused on identifying strategies to improve sustainability and governance across the EV battery supply chain. CLEE and NRGI convened leaders from across the mining, battery manufacturing, automaker, and governance observer/advocate sectors, to develop policy and industry responses to human rights, governance, environmental, and other risks facing the supply chain. This report "Sustainable Drive, Sustainable Supply: Priorities to Improve the Electric Vehicle Battery Supply Chain" shares the major conclusions of this multi-stakeholder convening and accompanying outreach to experts in the field: Lack of coordinated action, accountability, and access to information across the supply chain hinder sustainability efforts Inadequate coordination and data sharing across multiple supply chain standards limit adherence Regulatory and logistical barriers inhibit battery life extension, reuse, and recycling The report recommends the following priorities as industry, government and nonprofit leaders respond to these challenges: Industry leaders, governments and civil society could strengthen mechanisms to improve data transparency and promote neutral and reliable information-sharing to level the playing field between actors across the supply chain and between governments and companies Industry leaders, governments and civil society could ensure greater application of supply chain sustainability best practices by defining and categorizing existing standards and initiatives to develop essential criteria, facilitate comparison and equivalency, and streamline adherence for each segment of the supply chain Governments and industry leaders could create new incentives for supply chain actors to participate in and adhere to existing standards and initiatives, which may include sustainability labeling and certification initiatives Industry leaders could design batteries proactively for disassembly (enabling recycling and reuse), and industry leaders and governments could collaborate to build regional infrastructure for battery recycling and transportation and create regulatory certainty for recycling
Topic:
Energy Policy, Sustainability, and Supply Chains
Political Geography:
Global Focus

2. Beneath the Surface: The Case for Oversight of Extractive Industry Suppliers

Author:
Robert Pitman and Kaisa Toroskainen
Publication Date:
09-2020
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
Large oil, gas and mining projects are usually associated with a few big names such as Shell, Exxon, Rio Tinto, Gazprom and Codelco. These are rights holders—companies that receive licenses from host governments to extract resources. Typically, however, lower-profile companies do much of the work to take natural resources out of the ground. These are suppliers—companies that provide the goods and services that make extraction happen. They range in size from multibillion-dollar international conglomerates to specialized or local firms that may only have a handful of employees. This report makes the case for greater oversight of extractive industry suppliers. It explains the economic significance of extractive industry suppliers and identifies the main stakeholders involved in supplier governance. It considers policy areas where the impacts of poor supplier governance play out and reviews how governments, rights holders, state-owned enterprises (SOEs) and suppliers are beginning to share information on the economic impacts of suppliers, how these disclosures feature in global transparency and reporting initiatives and what more can be done.
Topic:
Corruption, Natural Resources, Tax Systems, Coronavirus, Industry, COVID-19, and Revenue Management
Political Geography:
Global Focus

3. The Practice and Potential of Blockchain Technologies for Extractive Sector Governance

Author:
Natural Resource Governance Institute
Publication Date:
09-2020
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
Important questions are being raised about whether blockchain technologies can contribute to solving governance challenges in the mining, oil and gas sectors. This report seeks to begin addressing such questions, with particular reference to current blockchain applications and transparency efforts in the extractive sector. It summarizes analysis by The Governance Lab (GovLab) at the New York University Tandon School of Engineering and the Natural Resource Governance Institute (NRGI). The study focused in particular on three activity areas: licensing and contracting, corporate registers and beneficial ownership, and commodity trading and supply chains.
Topic:
Science and Technology, Governance, Currency, and Blockchain
Political Geography:
Global Focus

4. Holding to Account: How Publishing Facts about Foreign Corruption Creates Accountability

Author:
Aaron Sayne and Melanie D. Reed
Publication Date:
01-2020
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
The complex, secretive nature of foreign corruption calls for a collaborative, all-hands-on-deck approach. Corrupt actors go to great lengths to hide their wrongdoing, using layers of legal entities, transactions, secrecy jurisdictions and middlemen. No one response can detect and prevent every bad act, and different anticorruption actors have their own unique interests, mandates and abilities. In many cases, they may struggle even to learn the facts of what went wrong. Prosecuting a corruption crime generates reams of valuable information. This can include the names of bribe takers and payers; the industries, countries and public institutions involved; how the proceeds of crime changed hands; and who facilitated or turned a blind eye. Who should get to see this information? Thought leaders on anticorruption, from Transparency International (TI) to the Organization for Economic Cooperation and Development’s Working Group on Bribery (OECD WGB), have long endorsed greater transparency in foreign corruption cases. They argue, for example, that access to information raises awareness, gives guidance to anticorruption practitioners, encourages cooperation with prosecutors and boosts confidence in law enforcement. Conversely, opacity in corruption cases can weaken the deterrent value of prosecutions, open doors for prosecutorial misconduct and thwart efforts to make victims whole. These concerns are particularly keen in cases that settle via tools like deferred prosecution agreements (DPAs) or plea bargains. Many governments share evidence from corruption cases confidentially, through formal legal instruments and close working relationships. But how does public disclosure of facts from corruption cases, whether by courts or other law enforcement bodies, aid the broader fight against corruption? Put differently: At a time when enforcement of anticorruption laws remains low in many countries, could more transparency help anticorruption efforts by regulators, companies, the media, civil society and others? To answer this question, the authors of this briefing analyzed materials from foreign corruption cases that have arisen since the inception of laws banning foreign bribery. During the past four years, they also conducted over two dozen interviews with experts government, the private sector, civil society and the press. From this work, they found instances in which other anticorruption actors used published facts from court cases to do their jobs more effectively. Although they undertook this research as part of the Natural Resource Governance Institute’s (NRGI’s) programming aimed at reducing corruption risks in the oil, gas and mining sectors, they did not limit themselves to cases in the extractive industries. Accordingly, their findings and recommendations apply broadly to corruption in other sectors.
Topic:
Corruption, Government, Economy, and Accountability
Political Geography:
Global Focus

5. Building a Sustainable Electric Vehicle Battery Supply Chain: Frequently Asked Questions

Author:
Patrick Heller, Ethan Elkind, and Ted Lamm
Publication Date:
04-2020
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
The global transition from fossil fuel-powered vehicles to electric vehicles (EVs) will require the production of hundreds of millions of batteries. The need for such a massive deployment raises questions from the general public and critics alike about the sustainability of the battery supply chain, from mining impacts to vehicle carbon emissions. Growing demand for the mineral inputs for battery production can provide an opportunity for mineral-rich countries to generate fiscal revenues and other economic opportunities. But where extraction takes place in countries with weak governance, the benefits expected by citizens and leaders may not materialize; in some cases extraction might even exacerbate corruption, human rights abuses and environmental risks. Many EV proponents and suppliers are aware that supply chain governance problems pose a challenge to the evolution of the EV industry, but outstanding questions remain about how these challenges materialize. This brief, jointly published by UC Berkeley School of Law’s Center for Law, Energy & the Environment (CLEE) and the Natural Resource Governance Institute (NRGI) provides basic information on the EV battery supply chain and key battery minerals, such as cobalt and lithium, and addresses the following questions: What does the supply chain for EV batteries comprise? How do carbon emissions from EVs compare to traditional internal combustion engine (ICE) vehicles? What are the most significant challenges in managing the mineral extraction necessary for the EV supply chain, and what sustainability and human rights initiatives apply?
Topic:
Civil Society, Corruption, Government, Human Rights, Natural Resources, Governance, Regulation, Legislation, and Supply Chains
Political Geography:
Global Focus

6. A Race to the Bottom and Back to the Top: Taxing Oil and Gas During and After the Pandemic

Author:
David Manley, David Mihalyi, and Colin Fleming
Publication Date:
10-2020
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
Earlier this year as people around the world responded to the coronavirus pandemic, their demand for oil tumbled. At the same time, OPEC and Russia initially failed to agree to coordinate supply cuts. Consequently, the price of a barrel of Brent crude oil fell from $60 in December 2019 to $20 in April 2020. As of this publication, the price is $43. If the price stays low, and if oil executives expect the price to remain low, companies may lobby governments to reduce taxes and other costly regulations. Payments to governments are often larger than costs for a company, so there is pressure on governments to reduce taxes to keep projects viable. This briefing considers the following key questions: Where will the oil price go next? What is the impact on currently operating projects, undeveloped projects, and those that are yet to be discovered? How should governments respond in changing oil and gas taxes? Will governments try to “race to the bottom,” but then lose a race back to the top? Key messages: There’s no certainty over future prices. Some rise is likely in the next few years, even if an energy transition results in a structural decline in the oil price in the longer-term. Governments must consider this uncertainty and probable rise when taxing oil and gas. Tax breaks on most currently operating projects are likely a waste of public money. Some governments may be pressured into reducing tax on projects awaiting development. But they must identify which projects would become viable with lower taxes, and which do not need a tax break. If in doubt, governments should consider whether a project that needs a tax incentive really will provide value for the country. For most countries, relative to total oil and gas produced, the production from projects that could be delayed or cancelled is small. But not so for the “new producer” countries like Senegal and Guyana. Changing taxes to make a country more attractive has the most impact before companies have invested – e.g., in attracting investment in licensing rounds. But setting low taxes now could force a government to raise taxes later if prices rise again. If a tax break is unavoidable, governments could use a “sunset clause” to limit the duration of the tax break. Ideally, governments should set progressive tax regimes that respond to changes in profit. But as many taxing authorities struggle to measure profit, governments could set simpler tax regimes based on sales revenue or prices – but must prepare to change tax rates in the future, and be prepared for the repercussion for a government’s credibility with investors. Governments should disclose contract terms detailing tax changes, tax exemptions, incentives and estimated break-even prices of projects to help government auditors, local think tanks, and the public check and support tax policy decisions.
Topic:
Oil, Natural Resources, Gas, Tax Systems, Commodities, Coronavirus, and Revenue Management
Political Geography:
Global Focus

7. Massive and Misunderstood: Data-Driven Insights into National Oil Companies

Author:
David Mihalyi and Patrick Heller
Publication Date:
04-2019
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
National oil companies (NOCs) produce the majority of the world’s oil and gas, pumping out an estimated 85 million barrels of oil equivalent per day. Within their home countries, NOCs influence the degree to which billions of people benefit (or suffer) from their countries’ hydrocarbon assets. Many of these companies manage multi-billion-dollar portfolios of public assets, execute complex projects across their territories and at sea, employ citizens in the tens or hundreds of thousands, and perform a range of public services from providing energy to building infrastructure. Despite their importance, NOCs are poorly understood thanks to weak and uneven reporting, sparse research, and an absence of publicly available comparative data.
Topic:
International Affairs and Natural Resources
Political Geography:
Global Focus

8. Resource Governance Index: From Legal Reform to Implementation in Sub-Saharan Africa

Author:
Natural Resource Governance Institute
Publication Date:
04-2019
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
This report explores common resource governance successes and challenges in sub-Saharan Africa, taking advantage of the rich dataset and wealth of evidence documentation provided by the Resource Governance Index. While the authors detect common trends across the region, there is also great diversity between and within countries. It also documents examples of good practices from which officials in other countries can learn. The authors conclude with the suggestion that policymakers, parliamentarians, civil society, media and regional institutions focus more on narrowing the implementation gap, which will help to restore trust between government, communities and investors and thus strengthen sustainable management of natural resources. Creating space for public debate, strengthening capacity of public institutions and oversight actors, addressing lack of political will and learning from past legal reforms are possible solutions to address the implementation gap.
Topic:
International Affairs and Natural Resources
Political Geography:
Global Focus

9. The National Oil Company Database

Author:
Natural Resource Governance Institute
Publication Date:
04-2019
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
The National Oil Company Database helps fill a significant gap in knowledge of the global economy. National oil companies (NOCs) produce approximately 55 percent of the world’s oil and gas, pumping out an estimated 85 million barrels of oil equivalent per day. The World Bank has estimated that they control up to 90 percent of global oil and gas reserves, thereby serving as gatekeepers for international oil companies’ access to hydrocarbons. Within their home countries, NOCs influence the degree to which billions of people benefit—or suffer—as a result of their countries’ hydrocarbon wealth. Many of these companies manage multi-billion-dollar portfolios of public assets, execute complex projects across their territories and at sea, employ citizens in the tens or hundreds of thousands, and perform a range of public services from providing energy to building infrastructure.
Topic:
Government, Oil, Economy, and Database
Political Geography:
Global Focus

10. Beyond Revenues: Measuring and Valuing Environmental and Social Impacts in Extractive Sector Governance

Author:
Nicola Woodroffe and Tim Grice
Publication Date:
09-2019
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
Oil, gas and mining projects can generate substantial revenues for host countries. At the same time, extractive activities generate a range of other positive and negative economic, environmental, social, political, institutional and cultural impacts. Host countries must weigh the economic benefits of extractive projects against their environmental and social impacts. However, environmental and social impacts are often assessed in separate processes and by separate institutions from those assessing financial revenues and the modeling, measuring and reporting of these impacts is rarely integrated with financial impacts.
Topic:
Environment, Oil, Natural Resources, Governance, Gas, and Mining
Political Geography:
Global Focus