Decree No. 2013-881 June 20, 2013

Original Language Title: Décret n° 2013-881 du 20 juin 2013

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Ministry of energy and MINES Decree No. 2013-881 June 20, 2013 Decree No. 2013-881 20 June 2013 on the establishment, organization and functioning of the National Committee of the Initiative for transparency in the Extractive Industries (CN-EITI).


REPORT of PRESENTATION the commonly known as Extractive Industries Transparency Initiative EITI has the objective of strengthening good governance in countries rich in natural resources and increase transparency in the management of the revenue that the State and its dismemberments derive from the exploitation of mineral resources, putting at the disposal of the public summary of payments by mining companies.

Such an initiative allows citizens to exercise control over the use of these resources. By displaying its commitment to transparency through the publication of receipts from the extractive industries, the State of Senegal participated in the creation of a climate conducive to investment. Indeed, investors, companies and the development partners agree to consider that the application of the principles of the EITI helps to reduce investment risks in combating corruption, source of political instability and deterioration of the business climate.

Moreover, the major objective of this Initiative is to ensure that the transparent use of revenues from mining can be such as to contribute to the reduction of poverty and sustainable development, which is in line with the ambitions of Senegal where the principles of transparency and good governance guide the action of the public authorities in all sectors.

For the implementation of this initiative, the Government should implement a multi-stakeholder group composed of different stakeholders (public administration, sectors of the extractive industries and civil society) to oversee the process of validation of the nomination of Senegal.

Thus through this draft decree, Senegal meets the requirements for the creation of a tripartite Executive Committee responsible for ensuring the implementation of the Extractive Industries Transparency Initiative.
Such is the economy of the draft decree.

The President of the Republic, pursuant to the Constitution;

Having regard to Decree No. 2012 - 427 of April 3, 2012 concerning the appointment of the Prime Minister;

Mindful of Decree No. 2012-1223 of 5 November 2012 on the distribution of the services of the State and control of public institutions, societies and corporations with public participation between the Presidency of the Republic, the Prime Minister's Office and the ministries, amended by Decree No. 2013-11 January 3, 2013.

Considering Decree No. 2013 - 277 of February 14, 2013 concerning the composition of the Government.
The report of the Minister of energy and Mines;

Decrees: Article 1. -It is created within the Presidency of the Republic, a National Committee responsible for the implementation and follow-up of the Initiative for transparency in the Extractive Industries (EITI) called "National Committee of EITI)», hereinafter referred to as"CN-EITI.

S. 2 - the CN-EITI shall ensure regular publication of all revenues derived from the exploitation of extractive industries as well as all payments to the State parties corporations involved in the perimeter of the EITI in the Senegalese territory.

As such, he is responsible:-to develop an annual action plan for the implementation of the principles and criteria of EITI and monitor its implementation;
-to identify any gaps or barriers to implementing principles and EITI criteria and propose to the Government the improvement measures adapted;
-to propose to the Government all reforms to improve the transparency of payments and revenues in this sector of the extractive industries in accordance with the principles and EITI criteria;

-to develop models of data reporting relating to the payments made by companies in the extractive industries sector and implement, in consultation with its undertakings, a procedure for collection of such data;
-to develop models of data reporting revenue from the extractive industries and implement, in conjunction with the administrations of perception and the management of revenues, a procedure for collection of such data;
-to put at the disposal of the public, in an appropriate form, all data relating to payments declared by operating companies in the sectors covered by the EITI and the corresponding revenues collected by the State.
-to ensure, at least once a year in the making by an independent specialist firm said "independent Director" a statement of reconciliation of payments made by extractive industries for the benefit of the State and actually recorded in the public accounts are;
-approve and disseminate the report on revenues from extractive industries;
-Search in consultation with the Government, technical and financial assistance international necessary for implementation sustainable of the principles of the EITI;
-to put in place, in consultation with the partners of the EITI, the validation process in accordance with the EITI validation guide;
-to participate in international meetings on the EITI;
-to popularize the principles and EITI criteria;
-to execute all missions it carried out by the national authorities in relation to the objectives of the EITI;

S. 3 - the CN-EITI is chaired by an official of the A1 hierarchy named by Decree and includes the following members:-one (1) representative of the Presidency of the Republic;
-two (2) representatives of the National Assembly;
-one (1) representative of the Prime Minister;
-one (1) representative of the Ministry of economy and finance;
-one (1) representative of the Ministry in charge of infrastructure;
-one (1) representative of the Ministry of local communities;

-one (1) representative of the Ministry in charge of Mines;
-one (1) representative of the Ministry of Culture;
-one (1) representative of the Ministry of the Interior;
-one (1) representative of the Ministry of Agriculture;
-two (2) representatives of the Ministry in charge of good governance;
-one (1) representative of the Ministry in charge of the environment;
-one (1) representative of the Ministry in charge of industry;
-four (4) representatives of the extractive industries sector;
-two (2) representatives of the oil and gas sector;
-five (5) representatives of the civil society;
-one (1) representative of the press and the media;
-one (1) representative of the Association of local elected representatives;
-one (1) representative of the national order of Chartered Accountants;
-one (1) representing trade unions of workers.
Representatives designated by the abovementioned Institutions are appointed by Decree of the President of the Republic.

S. 4 - the CN-EITI meets quarterly regular sessions and special session as appropriate. It meets on convocation of its President, which sets the agenda of the meeting and deliberates validly if half of the members are present.

CN-EITI can be its members of the technical committees, coordination and follow-up which it determines the composition and mandate.

S. 5. - the deliberations of the CN-EITI are consensual; otherwise, the vote is required in the majority of the members present. In the event of equality of votes, the President is dominating.

S. 6 - President and member of the EITI CN functions are free of charge. The costs of travel and stay of the members of the EITI CN can be supported in whole or in part from the budget of the CN-EITI.

S. 7 - the CN-EITI has of a Technical Secretariat headed by a permanent Secretary recruited following a procedure approved by the national Committee. He is assisted by a staff by way of call for applications.

S. 8 - the CN-EITI adopts its rules of procedure.

S. 9. - the annual budget of the CN-EITI is approved by the Ministry of finance and supported by the State Budget and external resources.

S. 10. - the Minister of economy and finance, the Minister of energy and Mines and Minister Secretary General of the Presidency of the Republic, shall be responsible, each in respect of the implementation of this Decree which shall be published in the Official Journal.

Made in Dakar, June 20, 2013, by the President of the Republic: Macky SALL Prime Minister Abdoul MBAYE.