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3941. Wild Growth: An Assessment of Erdenes Mongol

Author:
Andrew Bauer and Dorjdari Namkhaijantsan
Publication Date:
06-2019
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
Erdenes Mongol is Mongolia's most influential state-owned mining enterprise. It was established in 2006 to represent the government of Mongolia's interests in strategic mines, manage mineral licenses and promote the mining sector. In recent years Erdenes Mongol has evolved into a complex conglomerate with interests in many sectors, including unconventional oil and gas, roads, hospitality, power generation, steel, and asset management. The company's expansion represents an implicit government choice to invest in specific sectors rather than others, such as education, healthcare or renewable energy. Erdenes Mongol does not publish financial information on most of its subsidiaries and joint ventures. However, many are unprofitable. Those that are profitable, such as the Tavan Tolgoi coal project, have yet to pay any dividends to the state treasury. The Government of Mongolia may wish to consider several reforms, such as: (1) Enacting a new state-owned enterprise or Erdenes Mongol-specific law; (2) Clarifying the company's financial and governance relationship with subsidiaries; (3) Performing project-by-project market assessments in order to determine which assets to purchase and sell; (4) Developing clear criteria and an open process for appointment and dismissal of board members and managers; and, (5) Requiring greater public disclosures and audits, especially of subsidiaries and joint ventures.
Topic:
Natural Resources, Business, Mining, and Trade
Political Geography:
Mongolia and Asia

3942. 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

3943. Assessing Tunisia’s Upstream Petroleum Fiscal Regime

Author:
Thomas Lassourd and Carole Nakhle
Publication Date:
09-2019
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
The authors of this paper examine Tunisia’s upstream petroleum fiscal regime, in consideration of the government’s stated policy priority of reversing a decade-long decline in reserves and production. Although the country’s “Jasmine Revolution” led to improved civic rights and the country is a strong regional performer on the Natural Resource Governance Institute’s (NRGI) Resource Governance Index, foreign investment has dropped since 2011, in part because of regulatory ambiguity and political instability. Tunisia’s proven oil and gas reserves are very small, especially by regional standards. With limited geological prospects, the existing context is not conducive to oil and gas investment, especially for exploration. Tunisia offers different contractual arrangements and fiscal regimes: a concession-based system, which often involves joint ventures between the state-owned company, ETAP, and international oil companies and production sharing contracts. This paper analyses the various arrangements and fiscal instruments, focusing primarily on production sharing contracts, which have become the dominant contractual forms for foreign investors and do not require any public (ETAP) capital investment. The government of Tunisia publicly discloses all contracts and concessions.
Topic:
Oil, Natural Resources, Gas, and Fiscal Policy
Political Geography:
North Africa and Tunisia

3944. Unpacking Decentralization: Improving How States and Regions in Myanmar Issue Artisanal and Small-Scale Mining Permits

Author:
Sebastian Sahla and Hosana Chay
Publication Date:
10-2019
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
Recent reforms in Myanmar’s mining sector have given greater powers to states and regions. Following regulatory changes in 2018, the responsibility for issuing permits for artisanal and small-scale mines has shifted from the capital Nay Pyi Taw to state- and region-level boards. Decentralization could be an opportunity to improve governance of Myanmar’s mining sector. Most artisanal and small-scale miners currently operate without permits. By reducing the physical distance that they need to travel to get a permit, decentralization could make it easier to operate legally. Legal title could strengthen livelihoods while helping the government to monitor mining activities. Decentralization in mining is also part of a broader shift to empower subnational stakeholders. It is an important element of Myanmar’s political transition and attempts to end decades of civil conflict. However, there are major challenges around how the government is implementing decentralization. States and regions have new responsibilities but not necessarily the experience and skills to fulfil them effectively. As a result, decentralization could drive mismanagement and corruption, exacerbate environmental and social impacts, and generate conflicts with large-scale mining. The authors of this report find that at present the potential benefits of decentralization could go unrealized.
Topic:
Natural Resources, Mining, and Decentralization
Political Geography:
Southeast Asia and Myanmar

3945. Mongolia's Missing Oil, Gas and Mining Contracts

Author:
Robert Pitman
Publication Date:
02-2019
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
Many of the most important contracts for publicly owned oil, gas and minerals in Mongolia remain secret, despite government promises to make contracts public. A review of publicly available contracts in Mongolia suggests that contracts are unlikely to contain the kinds of information about a project that are commercially sensitive. Likewise, evidence suggests that there is no reason to think that confidentiality clauses prevent disclosure of contracts. Contracting regimes in Mongolia are complex and therefore in many instances, it will be necessary to publish several contracts and associated documents for each project. There are five steps that the government can take to make contracts public: 1) explain the contracting landscape, 2) define the scope of disclosure, 3) establish a contract disclosure rule, 4) make contracts accessible, and 5) support contract use.
Topic:
Civil Society, Government, Oil, Gas, Journalism, Tax Systems, Mining, Private Sector, and Contracts
Political Geography:
Mongolia and Asia

3946. How and Why the Myanmar Government Should Publish Petroleum and Mining Contracts

Author:
Sebastian Sahla, Hosana Chay, and Robert Pitman
Publication Date:
05-2019
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
Contract disclosure is a growing global norm. The Extractive Industries Transparency Initiative (EITI) board agreed to require all member governments to disclose the contracts they sign with oil, gas and mining companies beginning in January 2021. Around the world governments, companies and civil society are increasingly advocating for disclosure. In Myanmar, progress has been extremely slow. Despite civil society activists and several major investors supporting reforms, the government has not disclosed any petroleum or mining contracts so far. With new licenses expected to be issued in the petroleum, minerals and gemstone sectors, the Myanmar government should act now to keep pace with a global trend.
Topic:
Corruption, Natural Resources, Regulation, Negotiation, Legislation, Transparency, and Contracts
Political Geography:
Afghanistan, Mongolia, Asia, Sierra Leone, Mexico, Myanmar, and Cameroon

3947. Big Sellers: Exploring the Scale and Risk of National Oil Company Sales

Author:
Alexander Malden and Joseph Williams
Publication Date:
06-2019
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
In many oil-producing countries, the national oil company (NOC) sells vast quantities of the state’s oil and gas. The sale of a state’s non-renewable natural resource endowment is often a revenue stream that can have a significant impact on a country’s national budget and the state’s ability to fulfil its national development priorities. It is important therefore that citizens are able to assess the performance of their NOCs, who they sell state assets to, under what terms they sell them and what they do with the resulting sales revenue. In this briefing the authors use data from NRGI’s new National Oil Company database to examine the governance and corruption risks posed by NOC’s oil sales activities. Using this newly compiled data including over $1.5 trillion in oil sales from 39 NOCs in 35 countries, they found that: The sale of oil is an economically significant activity for many countries. The oil, gas and product sales of 35 countries’ national oil companies (NOCs) to commodity traders and other buyers generated over $1.5 trillion in 2016, equaling 22 percent of these countries’ total government revenues. Most NOCs only pass on a small percentage of their oil sales revenue to government treasuries. NOCs from the 30 countries for which data are available transferred just 22 percent of their revenue to the country’s national treasury. This results in NOCs managing huge public revenues in environments that lack basic transparency, accountability and good governance practices. Seventy-nine percent of the identifiable oil sales, or $1.2 trillion, occurred in countries with “weak” or “poor” scores in the 2017 Resource Governance Index. While oil sales disclosure has improved in countries which are part of the Extractive Industries Transparency Initiative (EITI), non-EITI countries generated over 90 percent of the identifiable NOC oil sales revenue, or $1.4 trillion. This briefing also presents case studies from the Republic of Congo, Nigeria and Ecuador of ways oil sales data, where available, has been used to scrutinize NOCs’ commercial performance and to hold them accountable for the revenue generated when selling the state’s oil.
Topic:
Civil Society, Government, Oil, and Business
Political Geography:
Africa, South America, Nigeria, Ecuador, and Democratic Republic of Congo

3948. Managing Expectations About Tanzania’s Uncertain Gas Revenues

Author:
Thomas Scurfield and David Mihalyi
Publication Date:
09-2019
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
With negotiations between the Tanzanian government and a consortium of companies for a game-changing liquefied natural gas (LNG) project continuing, a decision on whether the project will proceed is still some years away. In this brief, the authors update a previous analysis of the possible outcomes for the LNG project and its potential impact on public financial management. This update accounts for new information and changes in company planning.
Topic:
Sovereign Wealth Funds, Gas, Legislation, Commodities, and Revenue Management
Political Geography:
Africa and Tanzania

3949. How Tanzania Can Secure a Good Deal for its Offshore Gas

Author:
Thomas Scurfield and David Manley
Publication Date:
09-2019
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
The Tanzanian government and a consortium of companies are negotiating the regulatory terms for a game-changing liquefied natural gas (LNG) project. In this brief, the authors update a previous analysis of some of the key decisions that will be made in the negotiation and their potential impact on whether the LNG project proceeds and the levels of revenues that the project could generate for the government. This update accounts for new information and changes in company planning. There is a reasonable chance that foreign investment in the LNG project will not happen under current conditions. NRGI’s economic model and specific assumptions of the project suggest that a long-term LNG price of USD 11 per mmBtu is needed for investors to earn the return they usually require from LNG projects. Current forecasts by the IMF and World Bank are $7-8 per mmBtu. As the authors discuss in the brief, the chances of investment will shrink further if, during the negotiations, the government increases taxes and requires companies to share a greater portion of the gas with Tanzania’s home market. Government officials could wait and hope that conditions improve, and perhaps then impose stricter terms. However, this would delay the point at which the country would start generating benefits from the project. If officials want to accelerate development, without harming long-term gains for the country, they could: adopt a more progressive tax regime, avoid raising the share of gas to be sold to the home market, and establish a legal framework that both company managers and future generations of Tanzanians will trust.
Topic:
Gas, Regulation, Legislation, Tax Systems, Commodities, and State-Owned Enterprises
Political Geography:
Africa and Tanzania

3950. The Case for Publishing Indonesian Mining Agreements

Author:
Robert Pitman and Rani Febrianti
Publication Date:
09-2019
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
The disclosure of contracts and licenses in the extractive industries is a rapidly growing global norm. There are now over 44 countries that have disclosed at least some extractive industry contracts or licenses, and the new EITI Standard makes it a requirement for all implementing countries to publish contracts and licenses that are granted, entered into or amended after 1 January 2021. This reflects a growing recognition among governments, the private sector and civil society organizations that disclosure of these documents helps to improve governance of natural resources and contributes to a more stable investment climate. In Indonesia, long-standing advocacy by civil society has resulted in notable advances. In 2011, a decision by the Central Information Commission declared that mining contracts are open documents and a 2016 decision by the Supreme Court declared that IUP licenses are also open documents. Together with a new EITI requirement for the publication of contracts and licenses, these decisions provide the groundwork for the government of Indonesia to develop disclosure practices that will position the country at the forefront of a global trend. This brief explains why Indonesia should proactively publish these important documents, gives an overview of the documents that it should make public, and suggests a path for making publication a reality.
Topic:
Treaties and Agreements, Mining, and Transparency
Political Geography:
Indonesia and Southeast Asia