Times of Suriname

Petroleum Act seems to allow for non-disclosure of oil contracts

-

Amidst calls for the disclosure of the Exxon Mobil Contract, Transparen­cy Institute Guyana Inc. (TIGI), has taken the initiative to ascertain whether the release of the said document is supported in existing laws.

To its dismay however, TIGI has noticed that there might be a serious obstacle to disclosure embedded in governing law, specifical­ly the Petroleum Exploratio­n and Production Act – Cap 65:10. According to the transparen­cy body, the law seems to provide a built-in secrecy clause.

In this regard, TIGI noted that Part II, S4 of the Act (http://goinvest.gov.gy/wpcontent/uploads/PetroleumE­xploration-and-Production­cap6510-.pdf) provides as follows: “4. (1) Subject to subsection (2), no informatio­n furnished, or informatio­n in a report submitted, pursuant to this Act by a licensee shall be disclosed to any person who is not a Minister, a public officer or an employee of the Guyana Geology and Mines Commission except with the consent of the licensee.

(3) Where a licensee is a party to a petroleum agreement the right of the licensee, his servants or agents to disclose informatio­n about prospectin­g or production operations under the licence shall be subject to any restrictio­ns or limitation­s in that respect specified in the agreement. (4) Any person who discloses informatio­n in contravent­ion of this section shall, on summary conviction, be liable to a fine of seventy-five thousand dollars and imprisonme­nt for three years.”

TIGI noted that this clause was inserted in 1997 and its applicatio­n would mean that all the informatio­n released to the public is what the oil companies now talking to Government of Guyana, want released.

The body said that it is not clear whether this applies to the contract. It is specifical­ly asking the Government to provide clarity in this regard. “If it does, this would mean that the Minister (of Natural Resources, Raphael Trotman) and the Leader of the Opposition (Bharrat Jagdeo) have not been dealing with the Guyanese public in good faith since they would have known full well that they would be breaking the law by disclosing anything else but never cited the law as a reason,” expressed the body. TIGI also expressed concern about the very existence of this confidenti­ality clause and wants to know whether it can expect to see it removed in the revised act which is due shortly. (Kaieteur news)

Newspapers in Dutch

Newspapers from Suriname