National Post

U.S. poised to repeal disclosure rule

- Sunny Free man

The repeal of a U. S. anti-corruption “resource extraction rule,” which passed Congress late last week, leaves Canadian companies with much t ougher reporting rules than their American peers, putting the two countries on divergent paths.

If and when President Donald Trump signs off, U. S.- listed energy and mining companies will no longer be required to disclose taxes and payments made to government­s, a move at odds with rules in 30 other countries.

The rule, which took a decade to craft, was finalized in the twilight of Obama’s presidency and slated to take effect next year.

But, under the rarelyused Congressio­nal Review Act, recently- enacted rules can be overturned i n 60 working days if both houses and the president sign off on it.

It has only been successful­ly used once before.

Trump is widely expected to green-light the reversal, especially given his administra­tion’s decision Friday to undo many of the regulation­s on Wall Street, put in place in an attempt to prevent a repeat of the 2008 financial collapse.

Mining advocates and civil society groups alike told the Financial Post they are hopeful the move will not undermine global reporting standards.

Ben Chalmers, vice- president of sustainabl­e developmen­t aid for the Mining Associatio­n of Canada, said he sees no reason the U. S. move would start a trend in the opposite direction among Canadian companies.

“We certainly don’t see that our regulation­s put us at a competitiv­e disadvanta­ge,” Chalmers said.

U. S. energy industry advocates have long derided and lobbied against the rule, included in the 2010 DoddFrank act as a means to discourage shady dealings with ethically questionab­le government­s.

House Majority Leader Kevin McCarthy argued in a recent Wall Street Journal op-ed that it would put American companies at a competitiv­e disadvanta­ge because they’d be required to disclose private, internal data.

“Obviously there will be some disappoint­ment about what’s happened in the U. S. but there should not be an impact on the current entities that are reporting,” said Claire Woodside, director of Publish What You Pay Canada, an organizati­on that promotes transparen­cy in the natural resources sector.

Canadian, Russian, Brazilian, Chinese and European competitor­s are also subject to stringent reporting requiremen­ts, which recognize the so-called “resource curse” for developing countries — in which they are unable to transform resource wealth into economic growth, often due to corruption and poor governance.

“Transparen­cy is still the global standard for other markets that have adopted similar rules,” she said.

“The majority of extractive companies with internatio­nal operations have a listing on a market that is captured by the law. So by voting for this repeal, they’re unlevellin­g the playing field.”

Woodside said feedback from Canadian extractive companies has suggested they see benefits from following Canada’s 2014 Extractive Sector Transparen­cy Measures Act, which also cover private companies and are modelled after the DoddFrank requiremen­t.

Developmen­t of mandatory disclosure initiative­s in Canada was largely voluntary, with industry groups and civil society working together after realizing transparen­cy was a global trend, with all G8 countries except Canada and Russia building transparen­cy laws in the early 2010s.

Nadim Kara, senior director of policy and programs at the Prospector­s & Developers Associatio­n of Canada feels the negative impacts of the U. S. decision on the global mining sector will be mitigated because the biggest conglomera­tes are crossliste­d either in Canada or the United Kingdom.

“We don’t think companies will delist in Canada and re- list in the States just to avoid this. That’s ridiculous, that’s not going to happen,” he said.

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