Contract transparency Establishing a global norm on publishing extractive agreements In most EITI implementing countries, contracts between the state and extractive companies establish the terms and conditions for resource extraction, including important information such as social and environmental obligations and how much tax is paid. Until recently, many if not most of these contracts were confidential, hindering informed public debate on the impact of resource extraction and whether the country is receiving a fair return for its natural resources. The 2013 EITI Standard was a landmark in encouraging contract transparency and requiring a clear policy on contract disclosure. The issue subsequently received more attention at the national level, with many EITI implementing countries taking steps to publish the agreements that govern extractive projects. The 2019 EITI Standard took this further by requiring countries to disclose contracts signed or amended after 1 January 2021, which would allow for more comprehensive data that could be used to inform analysis and public debate. The EITI Board has since agreed further clarifications to ensure disclosures are comprehensive and that multi-stakeholder groups can address legal barriers. Companies such as TotalEnergies and ICMM member companies are leading the effort to pursue contract transparency as the norm. As these changes have taken place, the debate around disclosure has shifted away from why contracts should be published, towards how disclosure can be achieved and what needs to be done to bring the greatest benefits. In 2019, the EITI Contract Transparency Network was formed – a forum for governments to share experiences, provide expertise and champion the publication of contracts through the EITI. Today, nearly 20 countries participate in the network to show leadership on this agenda and rally support from other governments to make contract transparency the default practice. The EITI’s recent work on contract transparency at the global and country level places increasing emphasis on the role that contract publication can play in informing energy transition policies and mitigating corruption. Republic of the Congo The Congolese government publishes the full text of all oil, gas and mining contracts and licenses in its official gazette. The country’s 2020 EITI Report and the ITIE Congo website also include a comprehensive list of contracts and licenses in the petroleum and mining sectors. These disclosures have enabled ITIE Congo to conduct financial modelling of past and expected future payments from key oil projects, as well as companies’ oil sales, to promote an informed debate and examine the effectiveness of Congo’s fiscal policies. Countries’ progress in meeting EITI requirement 2.4 on contract disclosure Senegal Senegal’s Law 2012-22 on transparency and public financial management mandates the publication of mining contracts, and the mining and petroleum codes specify that oil, gas and mining contracts must be published in the government’s official journal. The country has disclosed all contracts and licenses awarded from 1979 to 2021, using the EITI platform to improve the accessibility of information. PHOTO: SHUTTERSTOCK 30 EITI Anniversary Report