Guidance Note: EITI Requirement 2.4
|This guidance note refers to the 2019 EITI Standard.|
Contract disclosure is a vital aspect of natural resource governance. It can be a powerful tool for mitigating corruption, mobilising revenues, building trust and negotiating fair deals. By shedding light on the rules and terms that govern extractives projects, contract transparency empowers citizens to assess whether they are getting a good deal for their resources.
Publication of contracts gives visibility on how much revenue is expected to flow to national and subnational governments and other stipulations related to environmental and social obligations. Access to this information enables citizens to hold companies and governments to account for non-compliance. In addition, understanding the terms of agreements is critical to inform approaches to the energy transition, including the distribution of risk and reward through the legal and fiscal terms of production.
Contract disclosure can also strengthen systems and regulation in the sector. It helps governments operate effectively by providing agencies with the same information on the monetary and non-monetary obligations of companies. For industry, contract disclosure can mitigate reputational risks, build trust and strengthen a company’s social license to operate.
Requirement 2.4 of the EITI Standard requires that countries fully disclose any contracts and licenses that are granted, entered into or amended from 1 January 2021. This requirement aims to shed light on the deals governing extractive operations so that citizens are better equipped to understand the expected contribution of extractive projects to their country.
This note explains the requirements on contract transparency and key concepts related to contract disclosure. It provides detailed guidance to multi-stakeholder groups (MSGs) on approaches to disclosing contracts, including practical steps and ways of addressing barriers. This draws on the EITI Board’s clarification of Requirement 2.4 and supplements the EITI’s policy brief on contract transparency. For a checklist of suggested activities to integrate contract disclosure into EITI work plans, see Annex A.