Publication: License to Drill: A Manual on Integrity Due Diligence for Licensing in Extractive Sectors
Loading...
Files in English
11,842 downloads
Other Files
2,145 downloads
Date
2018-06-22
ISSN
Published
2018-06-22
Editor(s)
Abstract
Natural resources have the transformational potential to support economic and political stability as well as contribute to national prosperity and economic development. However, in countries dependent upon natural resource sectors, poor management of these sectors often contributes to corruption, illicit financial flows (IFFs) and thus, poverty. Adequate transparency and accountability in regulatory management of these sectors is a challenge for resource rich countries. Poor licensing decisions in natural resource management can open a pandoraās box of corruption risks. This manual provides methods and options based on good practices to improve transparency, accountability, and integrity in the regulatory licensing process and integrity due diligence. The manual borrows models from the Basel Core Principle āfit and properā concept, and provides options for conducting effective (a) beneficial ownership; (b) criminal/legal; and (c) conflicts of interest checks, with a goal of integrating these into the regulatory licensing process. The manual also identifies common legal framework defects that can facilitate corruption risks, and offers options based on principles of regulatory integrity to reduce these risks. The good practices identified can help countries allocate limited financial resources in conducting thorough background checks in a cost-effective manner, as well as meet EITIās requirements for public disclosure of beneficial owners and politically exposed persons. These strategies for reducing opportunities for corruption in extractive sectors can help reduce IFFs that can sap resources from the economy and inhibit a countryās ability to achieve the Sustainable Development Goals.
Link to Data Set
Citation
āVotava, Cari L.; Hauch, Jeanne M.; Clementucci, Francesco. 2018. License to Drill: A Manual on Integrity Due Diligence for Licensing in Extractive Sectors. International Development in Practice;. Ā© World Bank. http://hdl.handle.net/10986/29809 License: CC BY 3.0 IGO.ā
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Related items
Showing items related by metadata.
Publication Mineral Rights Cadastre : Promoting Transparent Access to Mineral Resources(World Bank, Washington, DC, 2009-06)This document proposes a set of generally applicable recommendations and good practices for creating a Mineral Rights Cadastre (MRC), an administrative body responsible for overseeing the process of granting and managing mineral licenses throughout a country. The document reviews lessons learned from World Bank-funded projects aimed at reforming mineral rights management and assesses the impacts and benefits of the implemented changes. The document focuses on the MRC system as a key regulatory agency of mining sector administration. This study is also intended to fill a gap in the literature on mining sector administration, as few publications since roughly the 1930s have been dedicated to the overall analysis of MRCs, particularly in relation to modern and recent mining cadastral practices. While the overall concepts and principles presented in this document are intended to be universally valid and applicable, there is no single solution to mining sector development, and it would be unrealistic to believe that actions that have been successful in one country can be directly transferred to others. The MRC of any given country will need to be adapted to that particular country's culture, tradition, existing legal framework, development capacity, and other factors. This document describes the trade-offs that may be necessary to arrive at an acceptable solution; using case studies, it also highlights concrete applications that can be recommended, based on typical country circumstances.Publication Enforcing Environmental Laws for Strong Economies and Safe Communities(Washington, DC, 2014-02)This roadmap for environmental and natural resources law enforcement (ENRLE) sets forth a course of action for the World Bank's ENRLE community of practice for FY2013-15. It outlines for senior management a strategy to mobilize and strengthen the Bank's engagement in the fight against environmental and natural resource crime. The roadmap also serves as a mobilizing tool for staff and management in regional departments to demonstrate the importance of ENRLE and to outline the menu of solutions that the community of practice (COP) can offer to strengthen clients' fight against environmental and natural resource crime. Recent spikes in poaching, in illegal logging, and in illegal, unreported, and unregulated (IUU) fishing have amplified the already urgent need for action. These crimes increase poverty, shrink prosperity, and magnify social and political tensions that undermine healthy communities and strong economies. Investment returns in wise environmental and natural resource law enforcement can be high. Criminal activities that affect the environment and natural resources are on the increase and pose an increasingly serious threat to development. Environmental and natural resource crime is common, but in many countries it is rarely prosecuted. This report discusses how the World Bank Group (WBG) will mobilize to work better on ENRLE. Recognizing the evolving global context, a new and fully mobilized community of practice will put more emphasis on building a constituency within the WBG to work on the range of ENRLE issues, on building the capacity of WBG staff to provide investment and technical assistance on ENRLE, on strengthening analytical work to develop a pipeline of ENRLE investments, and on fostering demand among clients for Bank investment in ENRLE.Publication The Puppet Masters : How the Corrupt Use Legal Structures to Hide Stolen Assets and What to Do About It(World Bank, 2011)This report, the puppet masters, deals with the corporate and financial structures that form the building blocks of hidden money trails. In particular, it focuses on the ease with which corrupt actors hide their interests behind a corporate veil and the difficulties investigators face in trying to lift that veil. It serves as a powerful reminder that recovering the proceeds of corruption is a collective responsibility that involves both the public and private sector. Law enforcement and prosecution cannot go after stolen assets, confiscate and then return them if they are hidden behind the corporate veil. All financial centers and developed countries have committed, through the UN Convention against Corruption and international anti-money laundering and countering the financing of terrorism standards, to improving the transparency of legal entities and other arrangements. This report provides evidence of how far we still have to go to make these commitments a reality. Narrowing the gap between stated commitments and practice on the ground has a direct impact on actual recovery of assets.Publication Politically Exposed Persons : Preventive Measures for the Banking Sector(World Bank, 2010)The paper is focused on the banking sector, not on other financial and nonfinancial sectors vulnerable to the laundering of corrupt funds. These other sectors may find the recommendations and good practices provided in this paper relevant, but should analyze the findings of this paper in light of their particular circumstances and specific features. The paper includes a number of practical tools to help guide banks, regulators, and other public authorities. The paper is organized into four major parts: the remainder of this part (part one) sets out some of the main observations and trends in politically exposed person (PEPs) compliance and an analysis of the principal reasons for poor compliance and overall ineffectiveness of systems to detect and monitor PEPs. Part two focuses on the implementation of PEP measures by regulatory authorities and banks. Part three reviews the roles of the public authorities that are primarily involved in preventing abuse by corrupt PEPs. These authorities include the regulatory authority, which is responsible for providing guidance to banks and enforcing compliance, as well as the financial intelligence unit (FIU), which has a role in the context of suspicious transaction reports (STRs) on PEPs. Finally, part four considers some of the cross-cutting issues national cooperation, training, and resources that must be addressed by all stakeholders.Publication Sector Licensing Studies(World Bank, Washington, DC, 2011)This report is intended to provide guidance on best practices in mining licensing, based on examples from low, middle and high income countries in Africa, Asia, North America, and South America. It is not a 'how-to guide' or a licensing implementation toolkit, but rather identifies certain common features of successful mining licensing regimes worldwide that other national or sub-national jurisdictions might usefully incorporate in new mining laws and regulations or revisions or existing ones. The case studies and other examples of good and bad practice are intended to provide a cross-section by geography and by income level, and they demonstrate that the prevalence of good and bad practices is not simply a function of income level. Tanzania, one of the poorest countries in the world, has in many respects a better licensing regime than either South Africa or the U.S. State of Wisconsin. In considering these complex issues, it has proven difficult to confine the discussion purely to questions of licensing. Discussion of licensing invariably invokes reference to overall policy and investment climate issues, environmental protection, labor law, taxation, national and sub-national jurisdiction, land tenure, and much more. This report makes no attempt to address all of these in detail but refers to them in reference to their interactions with and effect on, licensing itself. Far more detailed research on mineral policy, taxation, investment climate, and other issues has been carried out, some of it referred to in this report and cited in the footnotes and bibliography.
Users also downloaded
Showing related downloaded files
Publication World Development Report 2017(Washington, DC: World Bank, 2017-01-30)Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? This book addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.Publication Economy Profile of West Bank and Gaza(World Bank, Washington, DC, 2018-10-31)Sixteenth in a series of annual reports comparing business regulation in 190 economies, Doing Business 2019 covers 11 areas of business regulation. Ten of these areas - starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency - are included in the ease of doing business score and ease of doing business ranking. Doing Business also measures features of labor market regulation, which is not included in these two measures. Doing Business provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational and regional level. This economy profile presents indicators for West Bank and Gaza; for 2019 West Bank and Gaza ranks 116.Publication Looking Beyond the Horizon(World Bank, Washington, DC, 2017-06)The story of how the PVH Corp. (referred to throughout this document as PVH) came to leada group of its top suppliers to build factories and a fabric mill in Ethiopiaās Hawassa IndustrialPark (HIP) is the study of a strong collaboration between a private company looking to optimizeits business model and a government aiming to transform its economy through global strategic repositioning. The success of this story hinges upon the intersection of their goals and a shared vision of development that includes a strong commitment to social and environmental goals.PVH was motivated to invest in Ethiopia to respond to shifts in the global apparel sector, its growing desire to retool its business model and to address its concerns about compliance with social and environmental standards in its traditional sourcing locations. PVH had decided to rethink its business model and to look beyond the horizon towards a new region in which tolocate its manufacturing base. To have better oversight and enforcement, PVH moved to adopta fully integrated vertical supply chain, including direct investment in one of the manufacturingfacilities.Key to Ethiopiaās success in attracting this important investor was the governmentās ability and willingness to strategically evaluate its foreign direct investment (FDI) needs and strategy and to take steps to evolve into an attractive location for higher value-added export-oriented investment.This case study explains a private investorās site selection process. It assesses the elements PVH prioritized when deciding to commit to Ethiopia, and specifically to HIP. The case study further assesses the government of Ethiopiaās strategy, level of readiness, interest, and commitment, and sets out some key challenges that lie ahead for this partnership. The case study is structured in ten sections. Section second offers a brief background on the textile and apparel industry, including an explanation of its value chain. It provides a brief corporate profile of PVH and its current global footprint and business model. Section third describes the site selection process: PVHĀ“s initial explorations in Africa, its consideration of several African countries, and its initial conversations and negotiations with Ethiopian authorities. Section fourth discusses the Ethiopian governmentās strategy to attract and expand export-oriented investments, including efforts to bolster the countryās competitiveness. This section attempts to offer some explanation why Ethiopia was the right fit at the right time and its level of readiness to land such an investment. It provides a brief profile of PVHās Africa point of entry, the HIP. Section sixth covers the challenges that lie ahead for this-project---potential setbacks that will affect not only the consolidation and growth of the textiles and apparel industry in Ethiopia, but also the governmentās vision of becoming the āmanufacturing powerhouse of Africa.ā Section eighth concludes with some key lessons from PVHās decision to invest in Ethiopia. Such lessons may be relevant to countries or regions interested inattracting FDI and may be of particular interest to other African countries in their quest to attract major investments in the textile and apparel sector.Publication The Day After Tomorrow : A Handbook on the Future of Economic Policy in the Developing World(World Bank, 2010)Development economists are paid to look into the future. They ask not only how things work today, but also how a new policy, program, or project will make them work tomorrow. They view the world and history as a learning process, past and present are just inputs into thinking about what's coming. It is that appetite for a vision of the future that led us to invite some 40 development economists, most of them from the World Bank's poverty reduction and economic management network, an epicenter of the profession, to tell us what they see on the horizon of their technical disciplines and of their geographic areas of specialization. The timing could not be better. The 2008-09 global financial crises shook the ground under the conventional wisdom that had been held as true for decades. From what the role of governments should be in markets to which countries will be the engines of the world's economy, from what people need to leave poverty to what businesses need to stay competitive, it is all up for reexamination. This synthesis provides an account of what the author heard. It is not meant to be comprehensive. Instead, it picks from each chapter what is new, what is likely to change, and what will be different in the future.Publication Senegal : Report on the Observance of Standards and Codes (ROSC) : Corporate Governance Country Assessment(Washington, DC, 2006-06)This report provides an assessment of Senegal's corporate governance policy framework, enforcement, and compliance practices. It highlights recent improvements in corporate governance regulation, makes policy recommendations, and provides investors with a benchmark against which to measure corporate governance in Senegal. The report identifies several key next steps that can be carried out in Senegal and that focus on implementation, including: (i) developing program to build awareness of the importance of corporate governance and to train directors in modern corporate governance principles; (ii) drafting a code of corporate governance; (iii) addressing governance weaknesses in the state-owned enterprises. A separate report reviews the special issues for the corporate governance of state-owned enterprises in Senegal; and (iv) revising the Organization for the Harmonization of Business Law in Africa (OHADA) uniform act for commercial companies (over the long term) to incorporate modern corporate governance principles.