Skip to main content

The Board agreed in principle to the proposals made on clarifications and changes to the EITI Requirements

Decision on clarifications to the EITI Requirements

Decision reference
2019-25 / BM-42
Decision basis
EITI Articles of Association 2016-2019, Article 12

The Board agreed in principle on the following proposals:

  1. Gender
  2. State-owned enterprises (SOEs)
  3. Licensing transparency
  4. Contract transparency
  5. Production and export data
  6. Systematic disclosures
  7. Commodity trading
  8. Project-level reporting
  9. Subnational transfers
  10. Environmental reporting
  11. Open data efforts
  12. Impact and outcomes from EITI implementation
  13. Consequences related to compliance and deadlines for implementing countries

The Board is yet to agree to the final edited version of the EITI Standard. This decision will be taken by circular and published on eiti.org/board-decisions.

Based on:  Article 12, Articles of Association

Reference document 

Keywords:  EITI Standard, policy

 

1. Gender

Requirement Proposed changes

1.4 - MSG governance

6.3 - Contribution to the economy

7.1 - Public debate

  • Requiring multi-stakeholder groups (MSGs) to consider gender balance in representation;
    requiring disclosure of employment figures by company, gender and occupational level;
  • encouraging gender considerations in dissemination of EITI data;
  • and encouraging MSGs to document how they have taken gender considerations and inclusiveness into account.

2. State-owned enterprises (SOEs)

Requirement coveredProposed changes

2.6 - State participation

4.5 - Transactions related to state-owned enterprises

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 Proposed changes

2.2 - License allocations

  • Clarification that Requirement 2.2 covers contracts and license allocations and encouraged strengthened disclosures.

4. Contract transparency

RequirementProposed changes

 

2.1 - Legal framework

2.4 - Contract disclosure

  • Clarifications that the overview of the legal framework should cover the different types of contracts, and what constitutes a ‘policy’ on contract disclosure;
  • requiring contracts signed after 1 January 2021 to be made public;
  • and expecting MSGs to develop a plan to disclose contracts, to be integrated into their EITI work plan.

5. Production and export data 

RequirementProposed changes

3.2 - Production

3.3 - Exports

  • Encouraging disclosures of production and exports by company and project.

6.  Systematic disclosures

RequirementProposed changes

4.1 - Comprehensive disclosure of taxes and revenues

4.9 - Data quality and assurance

  • Shifting emphasis to comprehensive and reliable disclosures by reporting entities rather than reconciliation;
  • expecting companies to disclose their audited financial statements.

7.  Commodity trading

RequirementProposed changes

4.2 - Sale of the state’s share of production or other revenues collected in kind.

  • Clarifying the scope of the requirement;
  • encouraging disclosures on the process for selecting buying companies;
  • encouraging disclosures of payments made to governments by buying companies.

It was agreed that the working group on commodity trading transparency would finalising the proposed changes related to the level of disaggregation to be required for the Board to approve by circular.

8. Project-level reporting

RequirementProposed changes

4.7 - Level of disaggregation

  • Aligning the definition of project with emerging mandatory disclosure frameworks.

9. Subnational transfers

RequirementProposed changes

5.2 - Subnational transfers

  • Encouraging further disclosures on the management of subnational transfers.

10. Environmental reporting

RequirementProposed changes

6.1 - Social expenditures by extractive companies

  • Revising Requirement 6.1 to cover environmental payments by companies to governments;
  • encouraging disclosures of contextual information related to environmental monitoring.

11. Open data efforts

RequirementProposed changes

7.1 - Public debate 

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

RequirementProposed changes

7.3 - Discrepancies and recommendations from EITI Reports

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 outcomes and impact of EITI implementation.

13. Consequences related to compliance and deadlines for implementing countries

RequirementProposed changes

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 countries that go beyond the EITI Requirements;
  • clarification that suspension is temporary.