Natural Resources Extraction and Usage

Experience in a number of countries globally has shown that the adoption of modern strategies, policies and laws to regulate, together with the strengthening of policymaking and regulatory institutions are key steps in the successful attraction of investment and development of a responsible extractives sector.  Given these successes, investors have come to expect clear and non-discretionary regulatory frameworks to govern activities and protect the interests of the state, its citizens and investors. 

Consequently, where countries lack such a framework they face investors viewing them as excessively risky, leading them to direct their investment elsewhere.  Similarly, without modern laws, robust legal and regulatory frameworks, adequate transparency and capable institutions accountability for decisions will be lacking, risking the squandering of substantial benefits that can flow from responsible exploitation of extractives.

The LTP's role

Working across stakeholder groups (government, regulators, operators and investors and civil society), EBRD actively helps develop and modernise extractive sector policies, establish and enhance legal and regulatory frameworks, and build and strengthen the institutions responsible for implementation and enforcement of policy, law and regulation.  We provide support on policy, law and regulation relating to diverse aspects of the extractives sector, among which are: governance; institutional arrangements and legislative frameworks; award of rights and licensing; geodata management; taxation and revenue management; transparency; investment protection; land access and use; labour practices; mine safety and worker health; environmental monitoring and reporting; remediation, closure and rehabilitation; legacy environmental impacts;  social and cultural safeguards;  social protection and benefits sharing; community consultation and public information; community-based conflict mitigation and dispute resolution; security; value addition and extractive-related development.

EBRD support comes in two main forms: (i) policy dialogue activities, through which we engage with policymakers and regulatory authorities to advocate for the adoption of policy approaches, the implementation of corresponding rules and practices, and the establishment or strengthening of accompanying institutions that drive effective and responsible development of the extractives sector; and, (ii) where that advocacy is successful, we lead technical assistance projects which support practical implementation and application of those policy, legal and institutional frameworks.

Extractive Industries Transparency Initiative (EITI)

EBRD endorses and supports implementation of the EITI Standard. EITI is a global transparency initiative in the extractive industry involving regular publication of all material oil, gas and mining revenues (and related contextual information, such as beneficial ownership) to a wide audience in a publicly accessible, comprehensive and comprehensible manner.  For more information on EITI, see www.eiti.org.

Georgia - Policy, legal and regulatory development

The Legal Transition Team (LTT) is supporting the Ministry for Economy and Sustainable Development and the National Agency for Mines to develop a modern policy for the mining sector.  This first sector policy for Georgia is geared towards increasing the sector’s contribution to the country’s economic development and public finances, while also addressing the not insignificant environmental legacy of mining operations.  The policy aims to achieve this through the attraction of foreign investment for the purposes of responsible development of the sector, as well as ensuring sustainable use of proceeds from sector exploitation.  Implementation of this project began in August 2018 and is scheduled to run until mid-2019.  Following approval of the policy by the government, LTT will examine scope to provide further assistance in preparing a legal and regulatory framework to enable implementation of the policy, as well as building capacity and strengthening the institutions that regulate the sector

Kyrgyz Republic - Adoption and implementation of independent reporting standards

The presence of independent international reporting standards for exploration results, mineral resources and mineral reserves reserve and resource estimation and statement is critical to the attraction of sustainable sources of investment for the mining sector in the Kyrgyz Republic. The aim of these reporting standards is to contribute to earning and maintaining investor trust and confidence by promoting high standards of reporting of mineral deposit estimates (Mineral Resources and Mineral Reserves) and of exploration progress (Exploration Results).  With this in mind the Kyrgyz government’s State Committee for Industry Energy and Subsoil Management requested LTT’s help to adopt and implement a best practice system for classification and statement of resource reserves.  Implementation of this project began in December 2018 and is scheduled to run until mid-2020. 

Mongolia – Support for Extractive Industries Transparency Initiatives (EITI)

LTT has been supporting the implementation of EITI in Mongolia since 2010, working with EITI Mongolia, Ministry for Mining and Heavy Industry and the Cabinet Secretariat. This support has covered a broad range of areas including legal, institutional, training and capacity building, communications and outreach, implemented through five phases. During 2016/7, LTT delivered a comprehensive online data reporting and analysis platform for EITI (see https://e-reporting.eitimongolia.mn).During 2017/8 EBRD supported EITI Mongolia in piloting a communications and outreach programme in five rural communities adjacent to mine sites in an effort to increase access to revenue data and counter negative perceptions about the sector. The outcome from this work was very positive with local community’s awareness of EITI among the five pilot sites increasing on average from 10% to 60%;

Mongolia – Legal Framework Development

Working with the Ministry for Mining and Heavy Industry, LTT is helping to enhance the legal framework underpinning the mining sector in Mongolia.  In particular, LTT is helping to draft a new mining law, amend related laws and regulations, and support implementation of those new laws and regulations, when approved.

Mongolia – Mongolia – Legal Framework Development

Working the Mineral Resources and Petroleum Authority of Mongolia (MRPAM), LTT is helping to design and build a National Geoscience Database for Mongolia.  One of the primary elements underpinning a successful extractives sector is geological data availability.  Currently valuable geoscientific information in Mongolia is fractured and maintained across a number of paper and digital databases.  Mapping existing structures and integrating into one coherent system will ensure all information is accessible and consistent, a key step to attracting increased investment.  Implementation of this project began in January 2019 and is expected to last until late 2021.   

The Project is being jointly implemented and funded with the Australian Government’s Australia Mongolia Extractives Programme.

Regional - Beneficial Ownership Disclosure

LTT is currently implementing a regional technical cooperation framework covering seven Central Asia and Eastern Europe/Caucasus countries, focussing on supporting the implementation of the new beneficial ownership disclosure obligations of EITI committed to by those countries.  These obligations represent a cutting-edge anti-corruption instrument requiring that compliant or candidate countries, by 2020, ensure that all oil, gas and mining companies that bid for, operate or invest in extractive projects in their countries disclose their real owners. Implementation of this project began in 2017 and will continue to 2020.  During 2018, work continued on amendment of the subsoil law to accommodate beneficial ownership requirements in the Kyrgyz Republic and Mongolia.  Outreach and training for public officials, companies and civil society continued, with country specific workshops in Mongolia and Tajikistan, as well as a regional workshop for Armenia, Georgia, Kazakhstan, Kyrgyzstan, Mongolia and Tajikistan in the side-lines of the Open Government Partnership summit in Tbilisi in June 2018.  This project is being implemented in association with the EITI International Secretariat in Oslo, Norway.