The case for revenue transparency in the oil and gas ... - La'o Hamutuk

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Appendix: Standards and guidelines relevant to revenue transparency in Burma Instrument Mission Statement Voluntary or binding? United Nations Global Compact (UNGC) 110 United Nations Convention Against Corruption (UNCAC) 111 The UN Global Compact promotes responsible corporate citizenship so that business can be part of the solution to the challenges of globalization The UNCAC is a legally binding international anti-corruption instrument The UNGC is a voluntary initiative. It is not a regulatory instrument - it does not police, enforce or measure the behavior or actions of companies The UNCAC is a binding convention to state parties Extractive Industries Transparency Initiative (EITI) 112 IMF Guidelines for Revenue Transparency 113 The Natural Resource Charter (NRC) 114 EITI increases transparency of payments by companies to governments and to governmentlinked entities, as well as transparency over revenues by host country governments The Guidelines provide an overview of recognized good practices for transparency of resource revenue management The NRC is a global initiative to help governments and societies harness the opportunities created by natural resources effectively. The EITI is a voluntary initiative for states The IMF Guidelines are voluntary for governments The Charter is not a binding agreement or protocol. IPIECA Guidance on Voluntary Sustainability Reporting 115 OECD Guidelines for Multinational Enterprises 116 The Guidance is a voluntary reference to assist oil and gas companies interested in reporting on their environmental, health and safety, social and economic performance The OECD Guidelines are a set of principles for responsible business conduct. The IPIECA Guidance are voluntary guidelines Observance of the Guidelines by enterprises is voluntary and legally not enforceable. Transparency International’s Business Principles for Countering Bribery 117 34 The Business Principles for Countering Bribery provide a framework for companies to develop comprehensive antibribery programs. TI’s Business Principles are voluntary guidelines
Who can become a party? Relevant article/principle Relevant signatories Corporations can adhere to the 10 principles of the UN Global Compact Principle 10: Businesses should work against corruption in all its forms, including extortion and bribery. CNOOC ONGC Governments Governments, Corporations & Civil Society can support the Initiative Article 9: promotes transparency and accountability, including reporting on revenue within the management of public finances. Article 12: promotes transparency in the private sector. All principles are relevant to Revenue Transparency Burma has signed the Convention but not yet ratified it Burma is not an EITI implementing country. Neither is China, Korea, or India. Governments, international financial institutions and civil society organizations All guidelines are relevant Governments, Corporations and NGOs Corporations Governments address the guidelines to corporations. Currently 37 countries adhere to the guidelines. Corporations Precept 2: Extractive resources are public assets and decisions around their exploitation should be transparent and subject to informed public oversight. Precept 12: All extraction companies should follow best practice in contracting, operations and payments. Indicator 6: The reporting company is encouraged to indicate its policy and steps taken to promote transparency of tax, royalty and other payments made to host governments related to extraction of its natural resources. Chapter VI - 3: Enhance transparency of activities in the fight against bribery. Make public commitments against bribery. Enterprises should foster openness and dialogue with the public so as to promote awareness of and co-operation with the fight against bribery. CNOOC is a member of the IPIECA Guidance Burma, China and India do not adhere to the Guidelines. South Korea is a member of the OECD. 35
Page 1 and 2: Burma’s Resource Curse The case f
Page 3 and 4: Executive Summary..................
Page 5 and 6: and gas revenues, lack of an accoun
Page 7 and 8: intensifying the gap between rich a
Page 9 and 10: Burma is considered one of Asia’s
Page 11 and 12: Section 1: Where’s the gas money?
Page 13 and 14: Section 2: Gas monies and military
Page 15 and 16: Burma’s arms dealer and links to
Page 17 and 18: Management of gas revenues/role of
Page 19 and 20: Section 5: Lack of revenue sharing
Page 21 and 22: One way for countries to address th
Page 23 and 24: 3) greater financial transparency,
Page 25 and 26: Although Alaska publishes fairly co
Page 27 and 28: Brazil: Revenue shares for producin
Page 29 and 30: Leste’s 950,000 people. 96 Quarte
Page 31 and 32: The government is also obligated to
Page 33: Recommendations After analyzing int
Page 37 and 38: Who can become a party? Relevant ar
Page 39 and 40: Indonesia (3 blocks) PT Istech Reso
Page 41 and 42: TABLE: Breakdown of government reve
Page 43 and 44: Revenue estimates on export of natu
Page 45 and 46: 21 Burma’s Economy 2008: Current
Page 47 and 48: 59 See United Nations Convention Ag
Page 49 and 50: 106 Several civil society groups su
Page 51 and 52: 138 Production Sharing Contract [Bl

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