The role and responsibilities of the EITI Board Members. Sydney, 24 May 2013 Christian Fr. Michelet

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1 The rle and respnsibilities f the EITI Bard Members Sydney, 24 May 2013 Christian Fr. Michelet

2 FORMAL FRAMEWORK The EITI Assciatin is a nn-prfit assciatin rganized under the laws f Nrway The EITI Assciatin is gverned by its Articles f Assciatin The Members f the EITI Assciatin are nt respnsible, individually r cllectively, fr any f the EITI Assciatin s debts, liabilities r bligatins As a nn-prfit assciatin the EITI Assciatin is nt liable fr incme tax in Nrway (as lng as it is nt undertaking business activities) Registered in Nrway 2

3 MEMBERS Persnal representatives f a cuntry, cmpany, rganisatin r legal entity that are appinted by a Cnstituency The stakehlders 3 Cnstituencies: Cnstituency f Cuntries Implementing Cuntries Supprting Cuntries Cnstituency f Cmpanies Cmpanies in the extractive sectr Institutinal investrs Cnstituency f Civil Sciety Organisatins The Articles f Assciatin d nt regulate the Cnstituencies Hwever, EITI Cnstituency Guideline n prcess fr Cnstituency Selectin f Members and fr nminatin f Bard Member 3

4 ORGANISATION The Member s Meeting: The gverning bdy The Bard: Executive bdy The Internatinal Secretariat: Day-t-day running 4

5 THE MEMBER S MEETING Meets at least every three years Apprves activities reprt, accunts and activity plan f EITI Bard Elects the EITI Chair Elects the Bard Members, and alternates fr the Bard Members Alternates are individual and persnal fr the Bard Members 5

6 BOARD COMPOSITION A Chair 8 Bard Members being Members frm the Cnstituency f Cmpanies Maximum three representing Supprting Cuntries Remainder representing Implementing Cuntries 6 Bard Members being Members frm the Cnstituency f Cmpanies Maximum ne shuld represent Institutinal Investrs 5 Bard Members being Members representing the Cnstituency f Civil Sciety Organisatins One Alternate fr each Bard Member Bard Members and Alternates t be registered in Nrway 6

7 TENURE OF THE BOARD MEMBERS Frm Members Meeting t Members Meeting I.e. up t three years A vacancy shall be filled by the resigning Bard Member s Alternate The cncerned Cnstituency shall nminate a new Alternate t be elected by the Bard Alternatively, in the case f such vacancy, the cncerned Cnstituency may nminate a new Bard member t be elected by the Bard 7

8 BOARD MEETINGS AND RESOLUTIONS Meet at least twice a year At least ne meeting in persn can be held by telephne cnference if circumstances s necessitate Qurum at least 2/3 f the Bard Members, including at least: Tw Bard members frm the Cnstituency f Cuntries (ne Implementing Cuntry and ne Supprting Cuntry) One Bard member frm the Cnstituency f Cmpanies One Bard member frm the Cnstituency f Civil Sciety Organisatins Bard Members shall make every effrt t adpt reslutins by cnsensus The Chair may decide upn a vte (nt dne until nw) Qualified majrity required At least 13 vtes, including at least 1/3 f the vtes f the Bard members frm each Cnstituency 8

9 THE CHAIR Chairs the Members Meeting and the Bard meetings Represents the Bard in external matters Fllw-up f implementatin with the Internatinal Secretariat Seek t fster cllabrative relatinships between the EITI stakehlders 9

10 SOME MAIN FUNCTIONS OF THE BOARD Plicy issues Wrk plans and budget Reviewing activities Annual reprts and audit reprts Oversee and direct the wrk f the Secretariat Establish prcedures regarding the validatin prcess (nw the EITI Standard) Adpt mre detailed prcedures fr the management and peratin f the EITI Assciatin including cuntry wrk plans and cmpany wrk plans Adpt a cde f cnduct 10

11 COMMITTEES OF THE BOARD The Bard may create cmmittees t further specific issues Shuld include tw r mre Bard Members Shuld reflect the multi-stakehlder nature f the EITI Assciatin Are subrdinate t the Bard 11

12 MAIN NORMS FOR THE BOARD Act in the best interest f the EITI Assciatin at all times An bligatin f lyalty Ensure that the rganisatin perates transparently Ensure peratin in accrdance with gd gvernance principles 12

13 BOARD MEMBER RESPONSIBILITIES A persnal respnsibility Irrespective f mandates etc. f stakehlder(s) Shuld engage persnally in all matters f the Bard Cannt leave certain matters t alternate Shuld seek t participate in all Bard meetings Obligatin f lyalty t the EITI Assciatin and the Bard Shuld respect reslutins f the Bard Pssible liability f Bard members: If they act with negligence Nrms Liability insurance is subscribed fr Bard Members 13

14 CONFLICTS OF INTEREST A Bard Member shall nt vte in respect f any matter r arrangement in which he r she is directly interested; r if there are any ther special circumstance which are apt t impair cnfidence in his r her impartiality A Bard Member shall declare in writing t the Bard as sn as pssible after he r she becmes aware f such a situatin A Bard Member with cnflict f interest shall nt be cunted fr the purpse f qurum 14

15 FIVE RULES OF CONDUCT FOR BOARD MEMBERS Attendant Be present at all Bard and Cmmittee meetings Prxies and deputies cannt be appinted Attentive Read all dcuments prvided fr Bard Members Prvide input thrughut the year Practive Participate in all discussins and ask questins Deliberative Make decisins based n gd infrmatin and discussin Withut cnflict f interest Attentive f ptential cnflicts f interest Disclse ptential vested interests and in case f cnflict refrain frm vting, thugh she/ he can participate in the discussin 15

16 SUSPENSION The Bard may decide that a Bard Member representing an implementing cuntry that is suspended during the tenure may keep status as a Bard Member, but refrain frm engaging in Bard activities during the perid f suspensin Shuld the suspensin be in frce fr mre than a year, the Bard may decide that the Bard membership shuld be terminated 16

17 EXTERNAL REPRESENTATION The Chair represents the Bard in external matters The Head f the Secretariat can act externally within day-t-day matters and therwise as apprved by the Bard Other Bard Members cannt represent r make public statements n behalf f the Bard in external matters The lyalty bligatin: Neither the Chair nr ther Bard Members shuld make public statements cntrary t the bject and interest f the EITI Assciatin r t reslutins f the Bard Neither the Chair nr ther Bard Members shuld make 17 public statements

18 DRAFT CODE OF CONDUCT GENERAL PRINCIPLES Persnal behaviur, integrety and values Cmpliance with laws, regulatins and the EITI rules, interests and bjectives Respect fr thers Prfessinalism Nn-discriminatin Cnfidentiality Expenditure f EITI resurces and use f EITI prperty Cnflict f interest and abuse f psitin Gifts, trips and entertainment 18

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