Decreasing copper prices pose a challenge to Zambia's economy which is undergoing somewhat of an energy crisis at present. Over the past years, the government has made several changes to the fiscal regime for mining companies in search of optimising revenue over the medium term. Zambia EITI can provide data on the country’s extractive sector to inform the tax debate as it adjusts lower commodity prices.
Objectives of beneficial ownership transparency in Zambia
- Promoting good governance and accountability in the extractive sector
- Deterring corruption in the allocation of extractive rights
- Preventing abuse of Zambia’s tax and incorporation rules
- Support of efforts to address money laundering and other financial crimes in the economy
- Promoting Zambian citizens’ participation in the monitoring of extractive activities, including local content provisions
- Promoting citizens getting the full economic benefit of the nation’s natural resources, especially in communities where extraction is taking place
Progress on implementing beneficial ownership disclosure
In November 2017, the Government of Zambia amended the Companies legislation to include beneficial ownership disclosure. The Companies Act No. 10 of 2017 provides for the disclosure of beneficial owners and also the creation of a register of beneficial owners that will be kept at the Patents and Companies Registration Agency (PACRA). The government is currently developing regulations for the legislation.
In the past, Zambia has made several attempts at disclosing beneficial ownership, including in their 2013 and 2014 and 2015 EITI Reports as well as in a separate beneficial ownership report. Despite capacity building and outreach to companies, the response rate has been low. The report cites lack of legislation requiring beneficial ownership disclosure and difficulty in obtaining the information from companies located in foreign jurisdictions as some of the reasons for non-disclosure. It recommends further work on establishing a beneficial ownership register.
In their new Beneficial ownership roadmap, Zambia EITI plans to organise workshops to provide technical capacity building for relevant stakeholders on reporting and law enforcement related to beneficial ownership implementation.
Zambia is highly dependent on mining as its major productive industry. The country is the world's 8th largest producer of copper and the 6th largest producer of cobalt. The four largest mining companies account for over 80% of copper production in the country. According to the latest EITI reporting (2015), Zambia’s mining sector contributed 47% of total export value, a 30% drop from the previous year.
The oil and gas companies are still in the exploration phase.
According to the latest report, government revenues from the extractive sector reduced from ZMW 9.95 billion in 2014 to ZMW 9.07 billion in 2015. The Zambian Revenue Authority collected the largest amount of government revenue representing 98%. Zambia’s extractor sector contributed 18% of government revenue in 2015 (32% in 2014). The analysis of the receipts by financial flows contribution show that the top 5 taxes contributed 85.39% of the total government extractive revenue. Mineral royalties account for the highest proportion of total government revenue (38.97%).
The Zambia Revenue Authorities (ZRA) collect over 98% of total extractive sector taxes, and transfers these to the national budget. Other payments from the mining sector (such as property rates and annual business fees) are made to local councils, where mining companies are based, to the Ministry of Lands and the Ministry of Mines and Mineral Development.
Zambia’s EITI Reports have highlighted the lack of monitoring of production data declared by the companies. The 2012 EITI Report recommends the Ministry of Mines to develop procedures and systems to collect and control production data. It also suggests to compare the production volumes declared extractive companies with the measurements made by Ministry of Mines throughout the year.
The latest report suggests the enactment of an EITI law that provides sufficient legal authority to ensure that all selected companies for reporting provide necessary information.
The EITI encourages multi-stakeholder groups to explore innovative approaches to make the EITI more relevant and useful.
- Report includes social payments, payments to the Environmental Protection Fund, and employee taxes.
- Details of the tax regime and production figures included.
- The Zambian EITI is undertaking a project to explore the potential for more real-time reporting of payments and revenues.
A ZEITI Strategic Plan (2016-2020) was adopted in 2016. The Strategic Plan provides a guide and identifies priority activities, which will be essential in the effective implementation of EITI to achieve its objectives.The Plan has also taken into account the challenges ZEITI has encountered since inception in its quest to live up to its goals and objectives.
Their objectives include:
- Full disclosure of information on the mineral value chain in order to enhance transparency and accountability in the governance of natural resources.
- Better management of revenue from the natural resources in order to ensure that it contributes towards socio-economic development and improved livelihoods.
- Available information on the mineral value chain and natural resource governance in order to create awareness and stimulate informed decision making.
- To monitor and evaluate the effectiveness of the natural resource governance framework and systems in order to assess their impact on the socio-economic development of the country.
EITI in Zambia is implemented by the Zambia EITI Council, ZEC. The Council is composed of three stakeholders, the Government, Mining Companies and the Civil Society Organisations. ZEC coordinates and oversees the implementation of EITI.ZEC has a total of 18 members. Each of the three stakeholder group is represented by six members. ZEC is chaired by the Secretary to the Treasury, Mr. Fredson Yamba. The ZEC is serviced by a Secretariat which is located in the Ministry of Mines Energy and Water Development. The Secretariat has four full time staff.
This EITI Report covers Zambia's extractive sector in 2015. It was published in December 2016.
Zambia's Validation commenced on 1 January 2017. On 25 October 2017, the EITI Board found that Zambia has made meaningful progress in implementing the 2016 EITI Standard.
The following documentation laid the basis for the Board's decision, attached below:
This EITI Report covers Zambia's extractive sector in 2014. It was published in December 2015.
This is the Zambia EITI 2015 Annual Progress Report (in accordance with Requirements 7.4. and 8.4.)
This is the Zambia EITI 2014-2016 work plan (in accordance with Requirement 1.5).
This EITI Report covers Zambia's extractive sector in 2013. It was published in December 2014.
Ines Schjolberg Marques
Ines Schjolberg Marques is part of the Anglophone and Lusophone Africa team focussing on Eastern and Southern Africa, and supports wider policy work at the EITI International Secretariat.
EITI responsibilities: Implementation and outreach. Oversight for finance, human resources, communications, and the Global conferences.
Eddie Rich is the Acting Executive Director until the EITI Board appoints a successor to Jonas Moberg,