National Secretariat Circular
Proposed clarifications and changes to the EITI Requirements
International Secretariat
 Oslo, February 2019
Table of Contents
  1. Introductory message from Mark
  2. Proposed clarifications and changes to the EITI Requirements
  3. Implementing countries Board members
Dear colleagues,

Our member countries’ experience with implementing the EITI, as well as lessons learned from Validation, have indicated that there is room to improve and clarify the EITI Requirements. The EITI Board therefore agreed to establish a multi-stakeholder working group that was mandated to propose improvements to the Requirements.

The working group’s 13 proposals are outlined below and will be discussed at the EITI Board meeting in Kyiv on 26-28 February. Based on feedback from implementing countries, the suggested changes focus mostly on encouraging disclosures based on emerging practices. Agreement has been reached within the working group on many of these. The proposals also seek to clarify what information is required by the EITI Standard, in areas where the language is not sufficiently clear. Some proposals draw from extensive work conducted by thematic working groups convened by the EITI on systematic disclosures, state-owned enterprises and commodity trading.

The Implementation Committee will present these proposals to the Board in Kyiv. In parallel to the working group’s activities, the International Secretariat facilitated a consultation process with representatives from implementing countries, the results of which have been compiled here. The International Secretariat has conveyed the comments submitted by implementing countries representatives so far to Board members and taken care to address the comments.

It is of great importance that the views of our implementing countries are accurately and comprehensively reflected in these proposals. While representatives from your countries have participated in the process, we encourage you to reach out to your Board representatives to ensure that any comments you may have to the proposed changes are presented at the discussions in Kyiv. 

After the Kyiv Board meeting, the Implementation Committee will oversee the finalisation of the draft paper on clarifications and changes to the EITI Requirements, which is expected to be approved by Board circular in April 2019 at the latest. The 2019 EITI Standard will be launched at the Global Conference in Paris on 18-19 June at the OECD Conference Centre in Paris. Details of the conference are set out in the National Secretariat Circular sent earlier this week.

Best regards,

Mark Robinson
Executive Director

1. Introductory message from Mark
2. Proposed clarifications and changes to the EITI Requirements 
The 13 proposals under consideration by the EITI Board are listed below. An overview is also available here, including reference documents and feedback from implementing countries received to date.

To convey any further comments to the EITI Board members representing implementing countries, please share these with the International Secretariat (secretariat@eiti.org) and Indra Thévoz, Policy and Country Officer at the International Secretariat (ithevoz@eiti.org) by Friday 22 February.

Issue addressed Requirement covered Proposed changes
 1. Gender  Requirement 1.4
MSG governance

Requirement 6.3
Contribution to the economy

Requirement 7.1
Public debate

Encouraging MSGs to consider gender balance in representation; encouraging disclosure of employment figures by project, role and gender; and encouraging gender considerations in dissemination of EITI data.
2. State-owned enterprises (SOEs) Requirements 2.6
State participation

Requirements 4.5
Transactions related to state-owned enterprises

Requirements 6.2
Quasi-fiscal expenditures

Clarifications to definition of SOEs and quasi-fiscal expenditures, coverage of transfers related to joint ventures and subsidiaries, and loan details to be disclosed; expecting SOEs to disclose financial statements; and encouraging further disclosures on operations and governance.
3. Licensing transparency Requirement 2.2
License allocations
Clarification that Requirement 2.2 covers contracts and license allocations and encouraged strengthened disclosures
4. Contract transparency  Requirement 2.1
Legal framework

Requirement 2.4
Contract disclosure

Clarifications for fiscal regime to cover the types of contracts, and what constitutes a ‘policy’ on contract disclosure.
Further options for 2.4.a.:
a) Requiring contracts to be made public with deadline for implementation
b) Requiring contracts signed after a deadline to be made public
c) Moving towards an expectation that contracts should be made public
d) No change to Requirement 2.4.a ahead of the Global Conference
5. Production and export data Requirement 3.2
Production

Requirement 3.3
Exports

Encouraging disclosures of production and exports by company and project
6. Systematic disclosures Requirement 4.1 Comprehensive disclosure of taxes and revenues

EITI Requirement 4.9
Data quality and assurance

Shifting emphasis to comprehensive and reliable disclosures by reporting entities rather than reconciliation
7. Commodity trading Requirement 4.2
Sale of the state’s share of production of other revenues collected in kind.
Clarifying the scope of the requirement; encouraging disclosures of buyer selection; Encouraging disclosures by buying companies
8. Project-level reporting Requirement 4.7
Level of disaggregation
Aligning the definition of project with the definition in the EU and accounting directives and approach in EITI guidance
9. Subnational transfers Requirement 5.2 Encouraging further disclosures of management of subnational transfers
10. Environmental reporting  Requirement 6.1
New provisions encouraging disclosures
Proposals yet to be agreed:
a) Revising Requirement 6.1 to cover environmental expenditures
b) Encouraging disclosures of contextual information related to   environmental monitoring
c) Encouraging links to existing disclosures on climate risks
d) No changes to the EITI Requirements, scaling up guidance and support
11. Open data efforts Requirement 7.1
Public debate

Requirement 7.2
Data accessibility

Clarification of distinction between requirements on public debate and open data; clarification on requirement to disclose standardised EITI summary data
12. Impact and outcomes from EITI implementation Requirement 7.3
Discrepancies and recommendations from EITI Reports

Requirement 7.4
Review the outcomes and impact of EITI implementation

Encouraging MSGs to consider recommendations in EITI reporting; providing more flexibility for how MSGs choose to assess progress
13. Consequences related to compliance and deadlines for implementing countries Requirement 8.3.c.i on consequences for non-compliance with Requirements related to stakeholder engagement Clarification that implementing countries must achieve meaningful progress or beyond on stakeholder engagement to avoid suspension; Adding a category for ‘outstanding’ progress; clarification that suspension is temporary
3. Implementing countries Board members
The EITI Board includes six representatives from EITI implementing countries, as well as six alternates. Their names and titles are listed below.

Representing Eurasia

  • Olga Brielkova, Member of Parliament, Deputy Head of the Committee on Fuel and Energy Complex, Nuclear Policy and Nuclear Safety, Ukraine
  • Ruslan Baimishev, Alternate, Director of Subsoil Use Department, Ministry for Investments and Development, Republic of Kazakhstan

Representing South-East Asia

  • Montty Girianna, Deputy Coordinating Minister for Energy and Mineral Resources, Chairman of the EITI National Committee, Indonesia
  • Maria Teresa S. Habitan, Alternate, Assistant Secretary, Department of Finance, Philippines – Co-Chair of the Implementation Committee of the EITI Board  

Representing Anglophone Africa

  • Zainab Shamsuna Ahmed, Acting Federal Minister of Finance, Nigeria
  • José Fernandes Rosa Cardoso, Alternate, National Coordinator, São Tomé e Principe

Representing Francophone West Africa

  • Didier Vincent Kokou Agbemadon, National Coordinator, Togo
  • Mankeur Ndiaye, Alternate, Chair of the EITI National Committee, Senegal

Representing Francophone Central Africa and Madagascar

  • Agnès Solange Ondigui Owona, National Coordinator, Cameroon
  • Marie-Thérèse Holenn Agnong, Alternate, Ad interim National Coordinator, Democratic Republic of Congo

Representing Latin America and the Caribbean

  • Victor Hart, Chair of the EITI National Committee, Trinidad and Tobago
  • Carolina Rojas Hayes, Alternate, Vice Minister of Mines, Ministry of Mines and Energy, Republic of Colombia

For any comments, please contact the International Secretariat (secretariat@eiti.org) and Indra Thévoz, Policy and Country Officer at the International Secretariat (ithevoz@eiti.org) by Friday 22 February.

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