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Trump’s repeal of disclosure law will have negative impact

Mar 06, 2017 News, http://www.kaieteurnewsonline....ave-negative-impact/

…but it would not be fatal – Natural Resources Minister

By: Kiana Wilburg
The coalition administration has taken note of the recent action by USA President, Donald Trump to repeal a key piece of disclosure law which no longer strong-arms American companies in the extractive sector to divulge what they are paying to foreign governments.

The Government has also acknowledged that Trump’s action will have an impact on all countries which are implementing the principles of the Extractive Industries Transparency Initiative (EITI).

One of the key requirements of any country that is part of the EITI fold is to allow scrutiny of Government’s records of what it receives from companies in the extractive sectors. Guyana is currently applying to be part of the EITI.

While Trump’s action could have an impact on Guyana’s application, and all countries implementing EITI principles and standards, the Government is saying that the impact would not be a “fatal one”.

Specifically making this statement was Minister of Natural Resources, Raphael Trotman.

Trotman said that the reason for this is that the Dodd-Frank Act of 2010 gave birth to similar disclosure rules in the 28 countries of the European Union (EU).

The disclosure rule that Trump repealed was part of the Dodd-Frank Act (fully known as the Dodd-Frank Wall Street Reform and Consumer Protection Act) which placed regulation of the financial industry in the hands of the government. The legislation, which was enacted in July 2010, created financial regulatory processes to limit risk by enforcing transparency and accountability.

“Therefore, most, if not all of the international companies that will operate in Guyana, will already be in compliance with those disclosure rules in other jurisdictions and will have precedents to disclose payments to Guyana for inclusion in its EITI Reports.”

The Natural Resources Minister also said that this was the advice sought and received so far on the matter. He said that the Government will continue to monitor events in the US and take guidance from Minister of Foreign Affairs, Carl Greenidge, on the way forward.

Since the law was repealed, it has attracted much criticism from anti-corruption bodies, including EITI. In fact, Chairman of EITI, Fredrik Reinfeldt, has since spoken against Trump’s move.

Reinfeldt said that the law, which had allowed for American companies to disclose what they are paying foreign governments ,was a complement to the EITI disclosure requirements.

He added, “I reiterate earlier held EITI positions on this matter. Our aim is to ensure responsible and transparent resource governance and this requires multiple efforts. The SEC took great care in drafting these rules in consultation with industry to ensure that they complement the EITI’s efforts and avoid unnecessary duplication. I would urge Congress to consider this matter thoroughly, and to ensure that any action does not undermine the hard-won gains in this arena.”

GUYANA’S APPLICATION
With the emergence of a multi-billion-dollar oil sector, the Government of the day is of the belief that EITI is necessary. As such, it is doing everything possible to safeguard the earnings from oil and gas by working to fast track Guyana’s application to EITI.

The Government’s action in this regard is spurred particularly by the declaration of significant oil finds by one of the richest American oil companies in the world, ExxonMobil.

Should Guyana become a member of EITI, it will be required to ask all companies in the extractive sector, including Exxon Mobil, to reveal what it is paying the government, among other things.

While there are a few more stages left to go through, Guyana certainly made significant headway recently as it relates to its application for membership to the Extractive Industries Transparency Initiative with the launching of Guyana’s very own EITI Multi-stakeholder Group (MSG).

This is one of the requirements for Guyana to make it into the EITI fold.
Speaking to the importance of the initiative, Dr. Rudy Jadoopat, National Coordinator of Guyana’s EITI Secretariat, said that EITI brings together a number of groups.

He said that these include oil and gas companies, representatives of government, local and international stakeholders and assessment management companies.

The National Director stressed that the objective of the EITI is to bring international and acceptable standards for transparency to the oil, gas and mining sector.

The National Director said: “EITI creates opportunities for the building of trust among stakeholders and indeed the community at large.

“Companies are required to disclose what they pay to government and the government must in turn disclose what receipts from the companies are made.”

“These figures are then compared to discover any discrepancies, and the information made public as a way to foster public scrutiny and greater accountability over natural resource profits earned by governments…”

The Director said, too, that Guyana has already satisfied a number of requirements. However, there are still a few steps which need to be completed. These include adapting the terms of reference of the MSG, determining the materiality and scope, to review and finalize a draft work plan, to prepare a communication strategy and plan for it, to review and ensure the finalization of the scoping study which was commissioned and prepared by a consulting firm etc.

The National Director assured that the Secretariat will provide support to the MSG.

THE GEITI –MSG
Minister of Natural Resources, Raphael Trotman, also provided an update on Guyana’s status thus far. He said that the GEITI –MSG is a primary body which will be responsible for overseeing and coordinating the successful implementation of the global EITI standards.

The Natural Resources Minister said that the body will provide and establish a framework to promote collaboration and consensus building in implementing the EITI accordingly.

He said that the grouping is a true demonstration of inclusivity and transparency as all stakeholders are represented at the table. Trotman said that this includes government, civil society and industry.

With four members and equivalent alternates on the MSG, Trotman noted that the Government will be represented by high level officers from the Ministry of Natural Resources, the Office of the Prime Minister, the Ministry of Finance and the Guyana Revenue Authority. He revealed that the GEITI will be chaired by the Ministry of Natural Resources.

Trotman noted that efforts to find a suitable standalone location for the EITI secretariat have already commenced. He said that hiring additional support staff for the Secretariat has already begun. He hopes to have a full staff for it before the end of the first half of the year.

Trotman said, too, that in the coming weeks, there will be an outreach programme to engage the public on all matters of importance and interest within the natural resources sector.

Oil has been seen as a major boon to Guyana, which has been described as one of the poorest nation in this part of the hemisphere. ExxonMobil’s find is estimated to be at least 1.4 billion barrels.

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