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ARTICLE · 24 AUGUST 2017

Extractive Industries Disclosure Rule

The SEC rule that would have required oil and gas and mining companies to disclose each year their payments to foreign governments was intended to increase transparency and prevent back-handers...

United StatesCriminal Law

The SEC rule that would have required oil and gas and mining companies to disclose each year their payments to foreign governments was intended to increase transparency and prevent back-handers, bungs, and bribes from reaching those able to influence contractual decisions.

Sadly, it is the local populace that often loses out as a consequence.

The White House said the rule, which was slated to be effective next year, would have imposed "unreasonable compliance costs on American energy companies" and "placed them at risk of losing out to foreign competition."

But if the additional costs of compliance to a multi-national, multi-billion dollar company would have been negligible, as appears likely, what was the real concern? Was it that American energy companies could lose out to corrupt competitors by effectively having their hands tie? After all, the policy underlying the rule was to try and prevent corruption.

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