REGULATORY: Oil & Gas Regulatory, Mining & Natural Resources Oil, Gas, and Mining: Companies Encouraged to Submit Nominations by August 27 for U.S. Extractive Industry Transparency Initiative Advisory Committee By Charles J. (Tim) Engel, Kenneth S. Culotta and Jeffrey H. Perry

by King & Spalding
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The U.S. Department of the Interior is seeking nominations for the U.S. Extractive Industries Transparency Initiative (USEITI) Advisory Committee.[1] The Committee is being established to advise the Department on the implementation the Extractive Industries Transparency Initiative (EITI), which requires governments to disclose publicly their revenues from oil, gas, and mining assets and requires companies to make parallel disclosures regarding payments. The EITI provides a global standard for governments to publicly disclose revenues received from oil, gas, and mining assets belonging to the government, with parallel public disclosure by companies of payments to the government (e.g., royalties, rents, bonuses, taxes, or other payments.[2]

Advisory Committee Membership

Members of the Committee will include representatives from the extractive industries, including oil, gas, and mining companies and industry-related trade associations; as well as organizations with interest in the extractive industry and transparency, along with members of the public; State and local governments; and Tribal governments and individual Indian mineral owners.

U.S. Government members of the Committee will include representatives of the Office of Natural Resources Revenue, the Bureau of Indian Affairs, the Department of the Treasury, the Department of State, and the Department of Energy. The Committee will consist of up to 27 members to represent a range of interests.

Advisory Committee Functions

The Committee will:

  • Serve as an initial Multi-Stakeholder Group (MSG) to oversee the U.S. implementation of the EITI.
  • Develop and recommend to the Secretary a fully-costed work plan, containing measurable targets and a timetable for implementation, and incorporating an assessment of capacity constraints. This plan will be developed in consultation with key EITI stakeholders and published upon completion.
  • Provide opportunities for collaboration and consultation among stakeholders.
  • Advise the Secretary and post for consideration by other stakeholders proposals for conducting long-term oversight and other activities necessary to achieve EITI candidate and compliant status.

Nominations to the Advisory Committee and Selection Process

According to the Notice, nominations should include a resume providing an adequate description of the nominee's qualifications, including information that would enable the Department of the Interior to make an informed decision regarding meeting the membership requirements of the Committee and permit the Department of the Interior to contact a potential member.

The Department strongly encourages parties to work with and within stakeholder sectors (including industry, civil society, and government sectors, as the EITI process defines) to jointly consider and submit nominations that reflect the diversity and breadth of their sector.

The Department will consider the following criteria in making final selections:

  1. Understanding of and commitment to the EITI process.
  2. Ability to collaborate and operate in a multi-stakeholder setting.
  3. Access to and support from a relevant stakeholder constituency and authority to make decisions on its behalf.
  4. Basic understanding of the extractive industry and/or revenue collection or willingness to be educated on such matters.
  5. Ability to represent U.S.-based constituents, organizations, and institutions, or companies with significant operations in the U.S.

No individual who is currently registered as a Federal lobbyist is eligible to serve as a member of the Committee.

Nominations should be submitted to the Department of Interior, Office of Natural Resources Revenue by August 27th.

____________________
[1] Establishment of the U.S. Extractive Industries Transparency Initiative Advisory Committee and Request for Nominees, available at www.federalregister.gov/articles/2012/07/27/2012-18432/establishment-of-the-us-extractive-industries-transparency-initiative-advisory-committee-and-request#p-16.
[2] See United States to Become First G8 Nation to Fully Implement the Extractive Industries Transparency Initiative: International efforts to alter OGM royalty regimes gain steam, available at www.kslaw.com/library/newsletters/EnergyNewsletter/2011/October/article3.html.


  Charles J. (Tim) Engel
  Washington, D.C.
  +1 202 661 7800
  tengel@kslaw.com

  View Profile »

    Kenneth S. Culotta
  Houston
  +1 713 276 7374
  kculotta@kslaw.com

  View Profile »

  Jeffrey H. Perry
  Washington, D.C.
  +1 202 626 5521

  jperry@kslaw.com
  View Profile »

 

 

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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