Myanmar has been temporarily suspended from the EITI following a coup d’état in February 2021.
Myanmar is a producer of oil and gas, minerals and gems. Its extractive sector accounted for 4.8% of the country’s GDP, 5.2% of state revenue and 35% of total exports in 2017-2018. Myanmar produces around 90% of the world’s supply of rubies and is also the world’s largest single source of jade. The country is also a large exporter of copper.
Myanmar's 12-point economic policy accentuates the strategic role of EITI in the reform process, specifically in natural resource governance. The EITI has previously been a platform for vibrant discussions on revenue sharing, the management of state-owned enterprises and the need for a unified mineral cadastre system. The EITI has also informed public awareness and debate on lost revenues from the gems and jade sector.
Economic contribution of the extractive industries
- to government revenues
- to exports
- to GDP
- to employment
- Myanmar published its first commodity trading report covering oil and gas sales during 2017-2018, which amounted to approximately USD 900 million or 60% of total revenue from the extractive sector.
- In December 2020, Myanmar’s President issued a government regulation requiring the disclosure of oil, gas and mining contracts that are entered into or amended by 1 January 2021.
- In response to recommendations in EITI Reports and calls for more transparency around opaque accounts held by extractive state-owned enterprises (SOEs), the government issued a directive ordering that all revenues from SOEs be transferred to the state budget from 2019-2020 onwards.
- A study commissioned by Myanmar EITI in 2016 estimated that 60-80% of gemstones produced in the country are not declared and therefore bypass the formal system.
- Subnational EITI chapters were previously established in Mandalay, Magway, Rakhine and Shan to improve local oversight of extractive sector management.
- EITI reporting has shed light on potential losses of mineral revenue due to weak governance. The reports provided recommendations on reforming state-owned enterprises and on establishing an Extractive Industry Revenue Unit to improve the certification, traceability and valuation of gemstones.
Myanmar’s extractive sector is mainly governed by the Mines Law, Gemstone Law and Petroleum Law, but contracts typically govern extractive projects. A number of other laws and regulations also govern aspects of the sector, including income tax, auditing, environmental management and beneficial ownership disclosure. The mining sector and the gemstones subsector are mainly regulated by the Ministry of Natural Resources and Environmental Conservation (MONREC). The petroleum and energy sector is regulated by the Ministry of Electricity and Energy (MOEE), which also oversees state-owned enterprises Myanma Oil and Gas Enterprise (MOGE), Myanma Petrochemical Enterprise (MPE) and Myanma Petroleum Products Enterprise (MPPE).
The main revenue streams in both the hydrocarbon and mining sector are royalties, production split and commercial tax/corporate income tax. Tax revenues are collected by the Ministry of Planning, Finance and Industry (MOPFI). Subnational governments do not collect revenues.
Mining permits are awarded on a first come first served basis by the Ministry of Natural Resources and Environmental Conservation (MONREC). Mining permits are further subject to the signing of a production sharing or profit-sharing arrangements with the government. Petroleum contracts take the form of either production sharing contracts (PSCs) for offshore and onshore projects and performance compensation contracts (PCCs) or improved petroleum recovery contracts (IPRs) for onshore projects.
Myanmar EITI previously disclosed licenses via its license portal. Contracts are confidential, with only the PSC signed between Total Myanmar E&P and MOGE for the Yedana project (dated 9 July 1992) being publicly available. In December 2020, Myanmar issued a government regulation requiring the disclosure of oil, gas and mining contracts in the country that are entered into or amended by 1 January 2021.
In 2018, the Government of Myanmar created a Beneficial Ownership Task Force in order to provide leadership and direction to the country’s efforts on beneficial ownership disclosure. In February 2020, the government and Myanmar EITI launched a beneficial ownership register on the Directorate of Investment and Company Administration’s website.
Myanmar does not have regulation or procedures allowing the distribution of extractive revenues to subnational governments or communities. Extractive revenues have to a large extent been retained by state-owned enterprises (SOEs) in so-called “Other Accounts” as the companies’ own funds and for the purpose of its exclusive operations and capital investment. According to Myanmar’s 2017-2018 EITI Report, the largest operating SOE, Myanmar Oil and Gas Enterprise (MOGE), transferred about USD 504 million into its Other Accounts in 2017-2018, which had a closing balance of USD 4.6 billion. This amounted to more than six times the total revenue of just over USD 727 million collected from oil and gas companies for the same fiscal period.
In response to recommendations in EITI Reports and calls for more transparency the government issued a directive to abolish the contentious Other Accounts in 2019, ordering that all revenues from SOEs be transferred to the state budget.
Myanmar has been temporarily suspended from the EITI since 18 February 2021. Following a coup d’état, the EITI Board concluded that it was not possible to envisage the EITI operating under the current circumstances decided to suspend Myanmar temporarily due to political instability, in accordance with Article 8 (b) of the EITI Standard, and lack of essential freedoms.
The temporary suspension will be lifted when Myanmar is able to demonstrate that the reasons for suspension have been addressed. The EITI is continually monitoring and reviewing the situation on a regular basis and considering if further action is necessary including the possibility of delisting.
Myanmar EITI (MEITI) was previously administered by the Myanmar Multi-Stakeholder Group (MSG) under the Ministry of Planning and Finance.
Government announces commitment to join the EITI
Multi-stakeholder group is formed
Candidature application is submitted
2013-2014 EITI Report published
2015-2016 EITI Report published
2016-2017 EITI Report published
Myanmar was found to have made meaningful progress in implementing the 2016 EITI Standard in October 2019, following its first Validation. The Validation identified 12 corrective actions to be addressed by the country’s next Validation, which was scheduled to commence in October 2022 but is currently on hold due to suspension.