Stabroek News

The audit report on Exxon’s post-contract costs

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Before proceeding with today’s article, we refer the response by Guyana’s Minister of Parliament­ary Affairs and Governance to a question posed by the United Nations Human Rights Committee. The question relates to allegation­s of corruption against a very senior member of the current Administra­tion and the failure of the Government to initiate an investigat­ion into the matter. In response, the Minister stated that no formal police report had been filed and that without such a report, law enforcemen­t authoritie­s were unable to launch an investigat­ion.

One recalls when allegation­s of corruption were made against a Minister under the Hoyte Administra­tion, the President appointed a Commission of Inquiry to examine the matter, and the said Minister had to resign to facilitate the investigat­ion. President Ali should therefore do the same if his government is serious about fighting corruption and bringing about the much-needed improvemen­ts in Guyana’s standing on Transparen­cy Internatio­nal’s Corruption­s Perception­s Index. If the report of the Commission indicates criminal behaviour or breaches in Guyana’s laws, it should be forwarded to the law enforcemen­t agencies for further action. The first task, therefore, is for the President to appoint a Commission of Inquiry as a matter of urgency.

In three previous articles, we reviewed the contents of the report on the audit of the pre-contract costs incurred by Exxon’s subsidiari­es during the period 1999 to 2017. The results of the audit, which was conducted by IHS Markit, identified US$214.4 million in disputed costs. The figure has been reportedly reduced to US$3 million through what the Authoritie­s claimed to be an unauthoriz­ed negotiatio­n between an officer of the Ministry of

Natural Resources and ExxonMobil’s subsidiari­es. It seems, however, unreasonab­le to consider that the said officer would have acted on his out accord, that is, without the full knowledge and consent of the Authoritie­s. After three years since the issuance of the final report on the matter, the status of the disputed expenditur­e remains unclear.

In today’s article, we discuss the contents of a second audit report: the audit of post-contract costs covering the period 2018 to 2020. As in the case of the IHS Markit report, this report is yet to be made public.

Some background informatio­n

The absence of ring-fencing provisions is a key weakness in the 2016 Petroleum Sharing Agreement (PSA), according to the Internatio­nal Monetary Fund (IMF). A ring-fencing arrangemen­t ensures that only costs attributab­le to a particular field are considered in the computatio­n of profit oil for that field. Although the

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