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1. Responsible Exit Principles for Oil and Gas Companies

Author:
Nicola Woodroffe and Erica Westenberg
Publication Date:
09-2024
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
Asset transfers in the oil and gas industry are not new. Yet, as the energy transition accelerates, there is a growing risk that oil and gas companies sell assets in response to pressures to decarbonize. However, transferring assets to operators with lower standards can lead to higher emissions and increased risks. This briefing offers a framework to guide these transactions and ensure that environmental and operational integrity is upheld. Designed for use by a range of stakeholders, these principles set out best practices to help companies manage financial, legal, environmental and reputational risks during asset transfers. They were developed with input from representatives of the oil and gas industry; investors, the financial, legal and accounting professions; the insurance industry; standard-setting bodies; academia; and civil society. All stakeholders can adopt and refine these standards to support a responsible, low-emissions future and harmonize regulatory practices across the industry.
Topic:
Corruption, Environment, Oil, Gas, Accountability, Fossil Fuels, and Energy Transition
Political Geography:
Global Focus

2. Scoping Study on Extractive Sector State Owned Enterprise Disclosures in Mongolia

Author:
Dorjdari Namkhaijantsan
Publication Date:
10-2024
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
Mongolia’s state-owned mining enterprises are crucial to the economy but face transparency and governance issues. This scoping study examines the need for improved disclosures and stronger accountability in the sector. This report presents the scoping study on the disclosures of Mongolia’s state-owned mining enterprises, conducted by the Natural Resource Governance Institute (NRGI). The study was supported and funded by the Extractive Industries Transparency Initiative (EITI) International Secretariat and the European Bank for Reconstruction and Development (EBRD).
Topic:
Corruption, Governance, Economy, Accountability, Mining, Transparency, Contracts, and State-Owned Enterprises
Political Geography:
Mongolia and Asia

3. Behind the Schemes: Anticorruption Gaps in Mining Sector Certifications

Author:
Susannah Fitzgerald, Robert Pitman, Matthieu Salomon, and Phesheya Nxumalo
Publication Date:
11-2024
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
Decisionmakers are increasingly looking to certification schemes to provide information on the sustainability of mining operations, yet these schemes have significant room for improvement regarding how they address corruption in their standards. The report assesses the content of the performance standards used by the Aluminium Stewardship Initiative (ASI), the International Council on Mining and Metals (ICMM), the Initiative for Responsible Mining Assurance (IRMA), The Copper Mark, and Towards Sustainable Mining (TSM). Schemes address some topics, such as revenue and payments and anticorruption procedures, relatively well; this may reflect the extent to which legislation and regulations address these topics. Schemes’ standards less frequently covered other issues, such as beneficial ownership and allegations of corruption. Many schemes, and the mining companies that use them, are missing an opportunity to assess the implementation of corporate-level anticorruption policies in mine-site assessments. The quality of certification schemes’ governance and assurance processes is essential to their effectiveness, yet many fall short of best practice. This undermines their credibility. Key governance challenges include the unbalanced representation of different interests within schemes and the risk of conflicts of interest in the auditing process. Decisionmakers risk becoming overreliant on certification schemes as indicators of responsible business conduct, which may be facilitated in part by industry influence over policymaking processes. Certification schemes are not a replacement for ongoing, robust due diligence into the environmental, social, and governance impacts of mining operations, including corruption, and the design and enforcement of robust regulatory frameworks. In a shifting standards landscape where there are efforts to both consolidate and review existing certification schemes, and a moment where the risk of corruption is heightened by growing demand for transition minerals, governments, mining companies, and certification schemes themselves must do more to address the topic of corruption. To do so effectively, they should focus their attention on solutions that will have the most impact in addressing this issue.
Topic:
Corruption, Environment, Governance, Accountability, Mining, Transparency, and Minerals
Political Geography:
Global Focus

4. Unfinished Business: Contract Transparency in the Extractive Industries Transparency Initiative

Author:
Robert Pitman and Aubrey Menard
Publication Date:
06-2023
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
How are EITI-implementing countries faring with disclosure of oil, gas and mining contracts? The urgency of climate action and the complexity of the energy transition mean it has never been more important to be able to understand the deals made between companies and governments for oil, gas and minerals. For this reason, since 2021, implementing countries of the Extractive Industries Transparency Initiative (EITI) have been required to disclose the contracts between governments and extractive companies. This briefing by the Natural Resource Governance Institute (NRGI), Oxfam and Publish What You Pay (PWYP) surveys the contract disclosure practice of the 57 EITI-implementing countries to understand the extent of their contract disclosure practice. The briefing highlights trends, areas of insufficient disclosure and best practices. Readers can explore the data on a dedicated visual tool on the #disclosethedeal microsite.
Topic:
Corruption, Natural Resources, Accountability, Transparency, and Extractive Industries
Political Geography:
Global Focus

5. Laying Foundations for Civic Engagement and Government Accountability in Guinea (2011-2020)

Author:
Natural Resource Governance Institute
Publication Date:
05-2022
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
When President Alpha Condé took office after Guinea’s first democratic election in 2010, he promised to reform the country’s mining sector. Following decades of sector mismanagement and corruption, Guinea introduced a new mining code in 2011 (later amended in 2013) and, in 2012, the government committed to implementing the Extractive Industries Transparency Initiative (EITI) Standard and reviewed 19 mining contracts signed by previous administrations. This reform effort precipitated a significant expansion of the industry: investments picked up and bauxite exports rose, and mining revenues grew. Despite progress, and because of the speed of mining expansion, communities in mining areas experienced increasingly negative impacts from the industry. Their interests went unaddressed; the government had been slow to implement key regulations aimed at protecting them. As a result, 2016 saw uprisings in key bauxite-producing areas. In addition, civil society engagement on extractive issues was weak and fragmented; citizens, activists and journalists lacked crucial information and were ill-equipped to engage on key governance issues.
Topic:
Government, Natural Resources, Governance, Accountability, and Civic Engagement
Political Geography:
Africa and Guinea

6. 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

7. Ghana’s Oil Sales: Using Commodity Trading Data for Accountability

Author:
Alexander Malden and Denis Gyeyir
Publication Date:
12-2020
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
The coronavirus pandemic has severely impacted the Ghanaian economy, with the IMF projecting that growth will slow to just 1.5 percent in 2020 compared to December 2019’s projection of 5.8 percent. The country, like many oil-rich states, is facing the challenge of responding to the pandemic with reduced government revenues resulting from the oil price crash. The coronavirus has also exacerbated the country’s debt sustainability issues, which were already on the rise prior to the pandemic. Ghana is still a relatively new oil producer, with first production from its Jubilee field occurring in November 2010 and the first cargo sold in early 2011. However, the sector represents a significant source of revenue. Ghana’s oil revenues totaled USD 938 million in 2019. Around USD 802 million of this amount, or 86 percent, came from cargos of oil sold by the Ghana National Petroleum Company (GNPC). This oil represents the state’s share of production that it derives from in-kind royalty payments and GNPC’s carried and participating interest (CAPI) in the three oil-producing projects in the country. GNPC oil sales equaled a full nine percent of Ghana’s government revenue in 2019. Responding to the pandemic with reduced government revenues makes it more important than ever that citizens are able to analyze GNPC’s oil sales activities. In this context, in this report the authors demonstrate how publicly available data on the state’s oil sales activities can be used by civil society organizations (CSOs), government, media and other oversight actors to hold the government, GNPC and trading companies accountable for how they sell and manage Ghana’s oil and its revenues. Commodity trading activities are often opaque and do not receive the same level of scrutiny as a state’s upstream operations. This opacity can create opportunities for governance and corruption risks that result in the loss and mismanagement of potential revenues. However, Ghana is one of the most transparent countries in reporting on its commodity trading activities. GNPC, the Ministry of Finance, the Bank of Ghana, the Public Interest and Accountability Committee and Ghana Extractive Industries Transparency Initiative (GHEITI) all disclose information on the state’s oil sales activities. As one example, the MoF has disclosed information on the volume, unit price, date of sale and value for every cargo sold by GNPC to date.
Topic:
Debt, Oil, Accountability, Commodities, Trade, and COVID-19
Political Geography:
Africa and Ghana

8. DRC’s Mining Revenues: Increasing Accountability by Analyzing Payments to Governments Reports

Author:
Kaisa Toroskainen, Alexander Malden, and Jean Pierre Okenda
Publication Date:
12-2020
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
This report explores the payments made by ten international mining companies to Democratic Republic of the Congo (DRC) government entities since 2015. These payments, amounting to $2 billion, have been disclosed under European Union (EU), Canadian and United Kingdom (U.K.) laws. DRC government agencies can use this data to report on revenues as the country’s mining code requires. Civil society actors, auditors and international partners, notably the International Monetary Fund, can also benefit from using payments data to monitor critical policy and governance issues in the DRC.
Topic:
Natural Resources, Accountability, Mining, and IMF
Political Geography:
Africa and Democratic Republic of the Congo

9. Indonesia’s Oil and Gas Revenues: Using Payments to Governments Data for Accountability

Author:
Alexander Malden and Fikri Zaki Muhammadi
Publication Date:
12-2019
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
Under mandatory disclosure laws in the European Union, Canada and Norway, companies listed or incorporated in these countries must disclose the payments they make to government entities for their extractive activities. Under these laws, seventeen international oil and gas companies have reported over $15 billion in payments to Indonesian government entities since 2014. This report explores some of the ways this timely source of payment data can be used as an accountability tool. Civil society organizations, media outlets, government officials, parties to Indonesia’s Extractive Industries Transparency Initiative (EITI) and oversight actors can use payment data in combination with other data sources to: Verify the size and recipient of oil and gas project signature bonuses Estimate and verify the revenue that local and regional government entities should receive from an oil and gas project that operates in their region Estimate and verify the government’s share of production from a project under the new gross split production-sharing contract (PSC) model
Topic:
Government, Oil, Gas, Accountability, and Data
Political Geography:
Indonesia and Southeast Asia

10. Parliamentary Briefing: Contract Disclosure

Author:
Natural Resource Governance Institute
Publication Date:
03-2015
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
Extractive contracts are principal documents between a government and a company that details the terms and conditions under which a resource is exploited. While many jurisdictions have not traditionally made their oil, gas and mineral contracts available to the public, more recent developments show that contract disclosure is feasible and desirable for a wide range of countries. This briefing provides a number of reasons for the disclosure of extractive contracts. It also looks at questions and strategies for parliamentary monitoring and enforcing extractive agreements.
Topic:
Corruption, Government, Natural Resources, Accountability, and Extractive Industries
Political Geography:
United Kingdom and Europe