Mining Contracts: How to Read and Understand Them (2013) A general guide to mining contracts that was created to highlight strong contract clauses and explore how weaker clauses can be improved. It goes beyond legal considerations to explore the policy questions and company interests underlying contract provisions—issues that are crucial for understanding and negotiating contracts, and for monitoring their enforcement. The guide was written by 14 mining experts, with contributions from Open Oil, the Columbia Center on Sustainable Investment, and the Natural Resource Governance Institute, among others.
The guide is a companion to the 2012 guide on Oil Contracts: How to read and understand them.
Guide to Extractive Industry Documents – Mining (2013) A law-firm guide that provides an overview of how mining agreements are structured: their common provisions, key terms in their negotiation, and the areas to cover in the negotiation process. This guide is indicative and is not necessarily reflective of best practice.
Guide to Extractive Industry Documents - Oil & Gas (2013) A law-firm guide that provides an overview of how oil and gas agreements are structured: their common provisions, key terms in their negotiation, and the areas to cover in the negotiation process. This guide is indicative and is not necessarily reflective of best practice.
Negotiation Support Portal A Portal to support host countries in their planning, preparation for, negotiation, monitoring, and implementation of complex investment projects. The Portal features a Roadmap of all stages of the investment process, and provides a comprehensive collection of tools and resources, professional development trainings, and technical support providers available to assist governments in the investment process.
Contracts Confidential: Ending Secret Deals in the Extractive Industries (2009) A report designed to promote a conversation among industry, governments, investors, banks and civil society organizations about disclosure and confidentiality in extractive industries contracts.
Focus on Contract Monitoring (2011) A report that examines the monitoring of mining obligations, characterizes the main gaps, identifies policy options and good practices, and proposes practical ways for both government and civil society to improve monitoring and enforcement.
Promoting Contract Transparency (2011) Oil, gas and mining laws and contracts establish what a country might gain from extraction, which can affect a nation’s ability to derive full benefits from its resources. While parliaments are constitutionally mandated to ratify laws, they generally do not have a role in reviewing contracts. Contracts, even when signed, are rarely disclosed to parliament or the public.
Contract Transparency: Creating Conditions to Improve Contract Quality (2015) A brief reader by the Natural Resource Governance Institute on contract disclosure which addresses why contract transparency is important, why all contracts aren’t already public, and how to rebut the most common arguments against contract transparency.
Five Steps to Disclosing Contracts and Licenses in EITI (2016) A guide for EITI countries on how contract disclosure links to the EITI Standard. The note reviews how countries can approach defining the scope of disclosure, mechanisms for verification of documents, and methods for establishing public access to this information. Finally, the note outlines options for maximizing public education and outreach.
Disclosing Contracts in the Natural Resource Sector (2016) The Open Government Partnership is an opportunity for governments to improve their commitment to contract transparency by making commitments around the proactive disclosure of oil, gas, and mining contracts. This brief aims to provide an overview of current standards and practices, and outline concrete examples of contract disclosure in action.
Takeaways from EITI 2016: Contract Transparency Is Becoming Norm (2016) Evidence is mounting that contract transparency in extractive industries is becoming the norm. This was clearly evident at the EITI Conference held in Peru.
Promises are Vanity, Contracts are Reality, Transparency is Sanity (2016) Contracts signed between governments and resource companies are the fundamental documents that set out obligations, rewards, rights and protections in many oil, gas and mining investments. Without access to them, it is not possible for citizens to understand the nature of the agreements that their governments have made or monitor government and company commitments.