Problems with Oil and Gas Income the Resource Curse A link between abundance of natural resources (especially oil and gas) and poor economic growth

Similar documents
The Norwegian Government Pension Fund Global

The Voluntary Principles on Security and Human Rights (VPs)

The norwegian economy Lecture in Norwegian Life and Society

The Management of the Norwegian Petroleum Wealth

The norwegian economy A short story about equality, trust and natural resources

Translation from the original Norwegian version November 2013

Background. When the Government Is the Landlord. 1 Norway's oil and gas reserves are all offshore.

Norges Bank Investment Management The Norwegian Government Pension Fund - Global & NBIM

ECONOMIC COMMENTARIES

The Norwegian economy

Natural Resource Funds. Norway. Oslo. Norway. Government Pension Fund Global

Director General Martin Skancke, Asset Management Department, Norwegian Ministry of Finance 1

Statement on G7 Topic Trade and Supply Chain Standards

Ministry of Finance & Tax Policy Department. Nina Bjerkedal Director General

The Norwegian Model: Evolution, performance and benefits

International aspects of taxation in the Netherlands

Norway Country Profile

The Norwegian Experience

SUMMARY OF VOLUNTARY PRINCIPLES IMPLEMENTATION EFFORTS DURING 2012

VALIDATING THE NORWEGIAN EITI IMPLEMENTATION. Validation of the Extractive Industries Transparency Initiative in Norway

// BRIEF STATISTICS 2014

CODE OF CONDUCT. 10 Our Employees. 14 Other Stakeholders. 04 CEO s message. 20 The Group Ethics Committee. 06 What is the Code of Conduct?

OIL AND THE NORWEGIAN ECONOMY GOVERNOR ØYSTEIN OLSEN NTNU, 29 SEPTEMBER 2015

The Role of OIL in the Energy Industry s Risk Management Landscape

Scotland s Balance Sheet. April 2013

IBIS Policy Extractive Industries

Mineral rights. Free entry system - first settler has preferential right to mining

Oil and Gas global deals Six months ended 31 December 2013

Avoiding the Resource Curse. The Case Norway

Benchmarking Travel & Tourism Global Summary

THE WORLD OIL MARKET. Mohan G. Francis

A comparison of 4 international guidelines for CSR

Corporate Social Responsibility (CSR)

DIALOGUE ON THE ARCTIC

How does a venture capitalist appraise investment opportunities?

THE EITI, NOCs & THE FIRST TRADE

Resolution from the 2 nd Barents Indigenous Peoples Congress 2012

KEY HUMAN RIGHTS AND BUSINESS CHALLENGE: WORKING CONDITIONS Pillars in Practice Multi-stakeholder Forum Recommendations:

Global Sector. How does Travel & Tourism compare to other sectors? GDP. Global Direct GDP. Global GDP Impact by Industry

DOING BUSINESS IN AZERBAIJAN

The Energy Data Centre of the IEA: its role and interactions with national institutions

CORPORATE SOCIAL RESPONSIBILITY A DRAFT INTERNATIONAL STRATEGIC FRAMEWORK. The Government has an ambitious vision for Corporate Social Responsibility

Table of International Standards Related to Human Rights at the Marlin Mine

IGas Energy plc Proposed Business of the Annual General Meeting 2015

Engaging Host Governments in the Voluntary Principles on Security and Human Rights: The Experience in Colombia

BIS CEMLA Roundtable on Fiscal Policy, public debt management and government bond markets: issues for central banks

PNO Media Pension Fund. Pension special. Information on the investment policy of PNO Media Pension Fund 31 January 2008

Scope and application of business relationships in the financial sector under the OECD Guidelines for Multinational Enterprises

How To Play Subsalt

Report No. 10 ( ) to the Storting. Corporate social responsibility in a global economy

Oil and Natural Gas Analysis at Norges Bank. Pål Winje ( International Department), workshop on modeling and forecasting oil prices, 22 March 2012

1 Human Rights Governance of the VPSHR at Barrick

COMMITEDTOBETTERENERGY. 2014FinancialTransparency ExampleofTotalinNigeria (2013data)

Russia. How does Travel & Tourism compare to other sectors? GDP. Size. Share. Russia GDP Impact by Industry. Russia GDP Impact by Industry

MEXICAN ENERGY REFORMS

Development aid in 2015 continues to grow despite costs for in-donor refugees

OIL EXTRACTION IN LAKE ALBERT

Guidelines on Cooperation between the United Nations and the Business Sector

VOLUNTARY PRINCIPLES INITIATIVE SUMMARY OF IMPLEMENTATION EFFORTS DURING 2014

RESPONSIBLE INVESTMENT GOVERNMENT PENSION FUND GLOBAL

These guidelines can help you in taking the first step and adopt a sustainability policy as well as plan your further sustainability communication.

GLOBAL 500 GREENHOUSE GAS REPORT: THE FOSSIL FUEL ENERGY SECTOR

I. World trade developments

Global Effective Tax Rates

We are an international labour union network for dialogue and action on the responsible investment of workers capital

2. UK Government debt and borrowing

List of tables. I. World Trade Developments

The New Age of Helicopter Leasing

Oil and Gas Prices. Oil and Gas Investor Summit London 17th-18th June 2014

Human Rights and Responsible Business Practices. Frequently Asked Questions

The Norwegian tax system - main features and developments. Chapter 2 of the budget proposal on taxes 2015 Oslo, 8 October 2014

NATURAL GAS IN NORWAY

SYLLABUS BASICS OF INTERNATIONAL TAXATION. ! States levy taxes by virtue of their sovereignty

Role of transnational corporations in the international trade

Ethical Corporate Management Best Practice Principles for Chunghwa Telecom Co., Ltd.

POLICY BRIEF SMAF AND THE EXTRACTIVE INDUSTRIES IN AFGHANISTAN A TREASURE OR A POISON? February 2016

DEMOCRATIC REPUBLIC OF TIMOR-LESTE NATIONAL PARLIAMENT. LAW No. 3/2003 of 1 July ON THE TAXATION OF BAYU-UNDAN CONTRACTORS

CUBAN FOREIGN INVESTMENT LEGISLATION

Reporting to. stakeholders. What s in this section? Tips for reporting back to projectaffected

Extractive Sector Companies Listed on Global Stock Exchanges Revisited

UNITED KINGDOM LIMITED LIABILITY PARTNERSHIPS

Svein Gjedrem: The economic situation in Norway

Executive summary. Global Wage Report 2014 / 15 Wages and income inequality

Operational data First quarter Full year Change 2009

SUMMARY OF VOLUNTARY PRINCIPLES IMPLEMENTATION EFFORTS DURING 2011

BP NORGE AS. Annual Accounts 2010

Who are the real winners of Myanmar s latest oil and gas block sales? 1 WHO ARE THE REAL WINNERS OF MYANMAR S LATEST OIL AND GAS BLOCK SALES?

Oil Price Update Q2 2016

Chapter Five: Respect for Human Rights in Joint Ventures Relationships

Comparing Levels of Development

Oljen og norsk økonomi

UPDATE TO JOHN RUGGIE S CORPORATE LAW PROJECT: HUMAN RIGHTS REPORTING INITIATIVES. November 2013

Financing Africa s extractive industries The role of banks and non bank financial institutions The example of Sudan

Corporate Governance Code

Swedish Code of Statutes

US Inbound Newsalert A Washington National Tax Services (WNTS) Publication

Better Information Economic Efficiencies Net Debt Reduction Education Financing Competitiveness Investor Confidence Tax Relief. Sustainable Growth

Sulfuric Acid 2013 World Market Outlook and Forecast up to 2017

INLAND WATERS OIL SPILL RESPONSE

Main trends in industry in 2014 and thoughts on future developments. (April 2015)

Transcription:

Government Take, Direct State Participation and Wealth Management Professor dr. juris Ola Mestad Centre for European Law and Scandinavian Institute of Maritime Law JUS5411 Petroleum Law 18 March 2015 Problems with Oil and Gas Income the Resource Curse A link between abundance of natural resources (especially oil and gas) and poor economic growth Expression coined by Richard Auty 1993 (Wikipedia) Compare Dutch disease (The Economist 1977): Exploitation of natural resources (gas) and decline in the manufacturing sector Most developing oil producing states are hit (but not all) Page 1

Distributive Problems with Oil and Gas Income The value of the natural resources which belongs to the state, does not benefit the population at large Captured/weak states Example: Equatorial Guinea GDP per capita on line with Greece and Spain One of the poorest populations in Africa Petroleum Act 1-2 para 2 Resource management of petroleum resources shall be carried out in a long-term perspective for the benefit of the Norwegian society as a whole. In this regard the resource management shall provide revenues to the country and shall contribute to ensuring welfare, employment and an improved environment, as well as to the strengthening of Norwegian trade and industry and industrial development, and at the same time take due regard to regional and local policy considerations and other activities. Page 2

Economic Impact of Norwegian Oil and Gas Production (2013) 22 % of GDP 30 % of government income 50 % of total export volume Source: Ministry of Oil and Energy Norwegian Oil and Gas Taxation Four Main Features Ordinary corporate tax 27 per cent on net income Special tax 51 per cent on net income minus up lift (special deduction) Taxable income partly established by Norm Price Annual refund of exploration costs for companies not in tax position Petroleum Taxation Act 1975 No. 35 Page 3

Norm Price Administrative price setting with taxation effect See Petroleum Taxation Act 3a and 4 To avoid internal transfer pricing «the price petroleum could have been sold for between independent parties in the free market», ref 4 para 2 Individual prices for each field on a monthly basis A complaint process Annual Refund of Exploration Costs Purpose increase exploration activities Oil companies without taxable income lacked incentives The refund substitutes a tax deduction Has proved very effective Page 4

Direct State Participation (SDFI) SDFI (SDØE) Very important feature of the Norwegian petroleum sector The State may reserve for itself a part in all production licenses awarded, and normally does Ref Petroleum Act 11-1 SDFI managed by Petoro AS Ref Petroleum Act 11-2 Gross investments, gross income Norwegian Indirect State Involvement in Production Statoil ASA Formerly 100 per cent state owned Listed in 2001 State ownership 67 % (MOE) + 3,40 % (Government Pension Fund Folketrygdfondet) Activities in 37 countries Page 5

The Oil Fund The Government Pension Fund - Global Basis: Government Pension Fund Act 21 December 2005 No. 123 Fund income Net government cash flow from the oil and gas activities, e.g. including oil and gas taxes, net income from SDFI and dividends from Statoil Net financial transactions related to the oil and gas industry Earnings from the investments of the Fund Transfer from the Fund to the state budget based on yearly budget decision by the Parliament The fiscal spending rule ( Handlingsregelen ) App 4 % of the Fund per year Page 6

Government Pension Fund - Global Current value 6 487 billion NOK (860 billion USD) (19 January 2015) Owns more than 1.3 % of all listed shares in the world (2.5 % per cent of all listed European shares) Invested in app 9000 listed companies (app 60 % of the Fund is in shares) A sovereign wealth fund (SWF) Other sovereign wealth funds Kuwait, Russia, Azerbaijan, The Fund s Three-track Ethical Strategy Exercise of ownership rights by the Bank To promote long-term financial returns To improve companies ethical conduct Exclusion based on product (negative screening) => To prevent inclusion of companies that produce weapons whose normal use is in violation of fundamental humanitarian principles Exclusion based on conduct of companies => Where there is an unacceptable risk of contribution to gross or systematic breaches of ethical norms Page 7

Ethical Guidelines 2 - Negative Screening for Products The Fund shall not be invested in companies producing weapons that through normal use may violate fundamental humanitarian principles. Nucelar weapons, cluster weapons etc. Tobacco producers Negative Screening Applies to Products Simple question of attribution to the investor Owning shares in companies that produce such weapons is banned Ownership and knowledge Attribution to the company in question is somewhat more difficult Subsidiaries Joint ventures Difficult to establish what parts that constitute the weapon - Key components test Page 8

Ethical Guidelines 3 Exclusion based on Conduct an unacceptable risk that the company contributes to or is responsible for - Serious or systematic human rights violations, such as murder, torture, deprivation of liberty, forced labour, the worst forms of child labour and other forms of child exploitation - Grave breeches of individual rights in situations of war or conflict - Severe environmental damages - Gross corruption - Other particularly serious violations of fundamental ethical norms Analysis of Future Acts Acts or omissions an unacceptable risk that the company contributes to Risk is a matter of probability Varying probabilities related to seriousness of violations The ethical level of risk? Serious, systematic, grave, severe, gross Future contribution Page 9

The Work of the Council on Ethics Surveillance of 9.000 companies Investigation by secretariat and employed consultants Contradiction Comments by investigated company Facts and subsumption under the guidelines Prediction of future acts Attribution Give a recommendation with reasons to the Bank of Norway Publication of the recommendation After the holding has been sold out Companies, States and Human Rights Only states can violate human rights directly. Total recommendation In line with the opinion of the Special Representative to the UN Secretary General on Business and Human Rights, John Ruggie This creates a difficult complicity/contribution issue The basic problem of the distance between the violations and the listed company where the Fund is invested Page 10

Special Relevance for Oil Companies Human rights Forced labour Indigenous peoples rights Environment Oil pollution in Nigeria War and conflict Sudan? Corruption? Oil sector ranked as the third most corrupt sector Total S.A in Burma Total not excluded Forced labour, forced relocation, torture etc. Recommendation 14 November 2005 (19 printed pages) Total had probably contributed to violations in the past Yadana gas pipeline Construction completed in 1998 The Unocal court case 2002 Alien Tort Claims Act Settlement The Council in future construction projects Total is hardly likely to put itself in a situation in which it is associated with the use of forced labour. Page 11

Repsol S.A in Peru In 2010 the Council on Ethics recommended exclusion of the oil company Repsol from the Fund The reason - oil exploration in the Peruvian Amazon in a block in an area which was thought to overlap territories of indigenous peoples living in voluntary isolation In April 2014 the Council revoked the recommendation because Repsol sold its its share in the joint venture and confirmed that there was currently no ongoing activity in the block Vedanta Resources Plc. Exclusion based on severe environmental damage as well as human rights violations of subsidiaries operations in India Recommendation dated 15 May 2007 37 printed pages Forced eviction of tribal peoples and others at two different sites Sources: Documents, reports, visits by the secretariat Page 12

Some Reflections To get the facts straight is difficult in these cases Assessment of future contribution to serious or systematic human rights violations is complex Analysis of unacceptable risk makes the overall evaluation more flexible Application of the ethical guidelines have had further effects than what was considered during the preparations The reason for the exclusion mechanism was that the Norwegian people should not profit from unethical production Some reflections (cont.) Long and thorough recommendations have effects on other investors, NGOs and companies Other ethical investors/fund managers do not give reasons for their exclusions Investors can follow the recommendations NGOs use them in their work A draft recommendation can give a basis for discussion with some companies Exclusion can influence conduct because companies want to be included again Page 13

Extractive Industries Transparency Initiative The core is to publish information about Payments from oil and mining companies to states And state income from oil and mining industry To increase democratic control, prevent corruption, create development and give better distribution of income from natural resources Background The Resource Curse Initiative from 2002 (Tony Blair in Johannesburg) EITI-principles (12) 2003 EITI-criteria (6) 2005 The EITI Association EITI-Association is a Norwegian association Article 2 First paragraph: The EITI Association is an international multi-stakeholder initiative with participation of representatives from governments and their agencies; oil, gas and mining companies; asset management companies and pension funds (hereinafter referred to as "Institutional Investors") and local civil society groups and international non-governmental organisations. Three member groups Member countries, companies and investors, and NGOs Page 14

EITI Member and Supporting Countries Compliant countries 31 Norway only OECD country Nigeria Kazakhstan Iraq Candidate countries 17 Supporting countries Including Australia, Canada, Germany, Norway, UK, Qatar, USA Supporting Companies, Investors and NGOs 90 companies Including BP, Chevron, ConocoPhillips, Eni, ExxonMobil, Hess, Marathon, Pemex, Petrobras, Repsol, Shell, Statoil, Talisman, TOTAL More than 80 institional investors Including DNBNor, GoldmanSachs, JPMorgan, Statens pensjonsfond utland, Storebrand NGO members Including Publish What You Pay Coalition, Oxfam, Global Witness, Natural Resource Governance Institute, Transparency International, Page 15

EITI Requirements Requirements to rules and regulations - to organisation of the work with regulations - to implementation of the regulations Norwegian Regulations Regulations 2009-06-26 No. 856: «Forskrift om rapportering og avstemming av pengestrømmer fra petroleumsvirksomheten» (in force 1 July, 2009) Main content: Reporting of payments» By all oil companies, Petoro and Statoil Reporting of received payments» By tax authorities, the central Bank, the Petroleum Directorate etc Audit and publishing of reported sums, stake holder group control and validation of process Page 16

Reflections About EITI Was it sensible that Norway joined? Walk the walk Norwegian circumstances To make an impression on developing countries? Alternatives: Home states requiring companies to report on payments to all governments world wide Developing rules and initiatives Country or project reporting? Page 17