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Canada Considers Next Steps in Extractive Industry Transparency; Roundtable in Toronto is Forum for Discussion on Harmonization of Canadian and U.S. Reporting Requirements
Friday, February 04, 2011

By Shelly Han
Policy Advisor

The oil, gas and mining sector play an important part of Canada’s economy, not only in terms of its domestic industry, but also the global reach of Canada’s extractive companies and the importance of its capital markets for international mining companies. According to recent reports, Toronto is the mining finance capital of the world, raising 30 to 40 per cent of the world’s mining equity almost every year, and Canadian mining companies account for a world-leading 40 percent of global exploration expenditure.

With passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, a new law was created that requires greater transparency by oil, gas and mining companies in all markets, both domestic and international. The law, sponsored by Senators Ben Cardin and Richard Lugar, requires all companies listed on U.S. stock exchanges to report to the Securities and Exchange Commission (SEC) the payments they make to U.S. and foreign governments for natural resource exploration and extraction. The SEC rule to implement this law is currently being drafted and will become final in early April of 2011.

In order to make this transparency initiative even more effective, supporters of the measure are working to enact similar initiatives in other major capital markets such as the EU, Canada, Hong Kong and elsewhere. On January 18, 2011, the Publish What You Pay Coalition of Canada convened a roundtable discussion to consider ways that Canada might harmonize its exchange reporting regulations with the new requirements enacted in the United States. At the event were key players in the Canadian extractives industry sector, the regulatory agencies, academics and non-governmental organizations. Strong support was expressed by some participants for harmonization with the U.S. because of Canada’s pivotal role in providing mining capital. And even though Canadian companies and the Canadian Government have made a tremendous push toward increasing corporate social responsibility in the mining sector, it was noted by one of the participants that Canada is about to be severely criticized by the Organization for Economic Cooperation and Development (OECD) following completion of an assessment of their enforcement of anti-bribery laws.

During the discussion, the participants noted that a complicating factor in harmonization was the fact that Canadian capital markets are administered at the provincial and territory-level, meaning that unlike the practice in the United States where this is just one federal regulator, Canada has 13 separate securities regulators. Currently pending legislation in the form of a draft Securities Act, however, may create an overarching federal securities body, but some participants expressed doubt about the passage of this bill. Even absent creation of a federal agency, some participants noted that if the major exchanges in Toronto and Ontario moved to harmonize first, then other provinces were likely to follow suit.

Regardless, Canadian regulators are unlikely to move forward until a final SEC rule is issued in April. At that time groups such as the Publish What You Pay Coalition and others will likely move forward with a renewed push for harmonization with new global standard on transparency for the extractive industries.

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    WASHINGTON–U.S. Senator Ben Cardin (D-Md.), Chairman of the U.S. Helsinki Commission and a senior member of the Senate Foreign Relations Committee, released the following statement expressing support for the establishment of a fund to compensate victims and surviving family members transported by The National Society of French Railways (SNCF) during the Holocaust. "In March, one of those who survived the war-time deportations, Leo Bretholz of Maryland, passed away. Leo escaped from a train transporting him to almost certain death. He spent the rest of the war fighting the Nazi regime and helping others escape. In his later years, Leo worked with members of the Maryland General Assembly to secure reparations for Holocaust survivors who were transported to the camps on French railways. I take solace in knowing that his already incredible legacy lives on through this agreement. "I applaud the agreement reached between the United States and France to compensate those who survived deportation from France by SNCF but who, as non-nationals of France, were excluded from previous compensation programs.  The agreement shows that the quest to right the wrongs of the past is still ongoing and, most importantly, it is still possible to achieve some measure of justice for those who suffered so terribly. For some people around the world the Holocaust may be history, for those who have survived the horror is still very real. "This settlement is a well-deserved victory for aging survivors and their families across the world.  I commend the Government of France for its efforts to advance responsibility, memory and justice and I hope the French National Assembly will be able to expeditiously ratify this agreement."

  • Cardin Statement on the Senate Intelligence Committee Report on Torture

    WASHINGTON – U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and chairman of the U.S. Helsinki Commission, released the following statement in response to the Senate Intelligence Committee’s review of the CIA’s detention and interrogation program: “The United States has a solemn obligation to protect human rights both abroad and at home, as we honor our Constitution and international commitments.  Shortly after taking office, President Obama thankfully ended the CIA’s detention and interrogation programs.  The exhaustive report from the Senate Intelligence Committee documents that the CIA’s enhanced interrogation techniques were not effective and violated international commitments and the core principles of the United States. It also resulted in fabricated information and did not lead to the collection of imminent threat intelligence. Years may have passed by since these egregious activities occurred, but the United States must confront the mistakes that were made as we responded to the devastating 9/11 attacks.  We must put in place mechanisms to ensure that these types of abuses never happen again.  America’s reputation and moral leadership in the world are at stake.  We can and must strive to prevent and disrupt future terrorist attacks while continuing to safeguard the core values and human rights we as a Nation hold dear.”

  • Bipartisan U.S. Delegation Defends Ukraine, Raises Concerns about Russia at OSCE Parliamentary Session

    From June 27 to July 3, 2014, a bicameral, bipartisan delegation of eight Members of Congress represented the United States at the annual session of the OSCE’s 57-nation Parliamentary Assembly in Baku, Azerbaijan. The delegation, which was organized by the U.S. Helsinki Commission, also made side visits to Georgia and Moldova. The congressional delegation was led by the Commission Chairman, Senator Ben Cardin (MD), while the Co-Chairman, Representative Chris Smith (NJ-04) was head of delegation at the Assembly session. The Commission’s Ranking Senator, Roger Wicker (MS) and House Commissioners Robert Aderholt (AL-04) and Phil Gingrey (GA-11) also participated, along with Senator Tom Harkin (IA) and Representatives David Schweikert (AZ-06) and Adam Schiff (CA-28). A central concern at the Assembly meeting, as well as during bilateral interaction with the authorities and people of Azerbaijan, Georgia, and Moldova, was Russian Federation’s annexation of Crimea and its incursions into eastern Ukraine. The congressional delegation was highly critical of Moscow’s attempt to reassert its domination over the affairs of its neighbors more than two decades after the Soviet Union’s collapse, and it reassured friends and allies of the deep and continuing commitment of the United States to security and cooperation in Europe and throughout the OSCE region.

  • Statement from Helsinki Commission Chair on the Grand Jury Decision in the Michael Brown Shooting Case

    BALTIMORE–U.S. Senator Ben Cardin (D-Md.) released the following statement in response to the Ferguson grand jury decision in the Michael Brown shooting case. “Ferguson, Missouri, will forever be marked by the needless death of Michael Brown. Let’s turn this incident into the spark that launches a change in attitudes and actions rather than a point where violence begets more violence. I join with the Brown family in calling for peaceful protests in the aftermath of the grand jury’s decision. State and local law enforcement must respect the First Amendment rights of citizens to peaceably assemble, and the rights of the press to report this story.  I call upon all Americans – even those who disagree with the grand jury decision – to respect the role of our jury system and the independence of the courts in deciding legal questions. “I encourage the Justice Department to continue its civil rights investigation into this case and its broader probe of the Ferguson Police Department. I urge Attorney General Holder to take immediate action to revise the Justice Department’s guidance so that once and for all racial profiling is prohibited at all levels of law enforcement.  For a more permanent fix, Congress should take up and pass my legislation, the End Racial Profiling Act.”

  • Annual OSCE Human Rights Meeting Dominated by Russia and Ukraine

    Representatives of governments and civil society from OSCE participating States met in Warsaw, Poland, from September 22 to October 3, 2014 for the annual Human Dimension Implementation Meeting (HDIM).  The meeting was organized by the OSCE office for Democratic Institutions and Human Rights (ODIHR) under the leadership of its newly-appointed Director Michael Link. This year’s annual OSCE human dimension implementation meeting drew 1,225 participants from 53 countries, including 700 NGOs.  There were an unprecedented 82 side events on specific countries or issues.  The session on tolerance and nondiscrimination was the most oversubscribed of the three-hour sessions with 85 people vying for the speaker’s list. Other specific topics for HDIM sessions included violence against women, rights of migrants and right of national minorities. In this issue: About the U.S. HDIM Delegation Russia Takes Propaganda Campaign to Warsaw OSCE Ambassadors Visit Auschwitz Civil Society Speaks Up

  • U.S. Helsinki Commission Welcomes New Communications Director, Policy Advisor

    WASHINGTON—The bipartisan leadership of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the joint appointments of Stacy L. Hope as Communications Director and Nathaniel Hurd as Policy Advisor on International Freedom of Religion. Ms. Hope, a seasoned communicator specializing in international issues, joins the Helsinki Commission from Delegation of the European Union in Washington, where she counseled senior EU officials on strategic communications and public diplomacy programs.  From 2004 to 2008, she led national and international marketing and communications initiatives for the British Council, the United Kingdom’s cultural relations organization. Her prior experience includes positions with the Institute of International Education and Golin/Harris International, a global public relations and marketing communications firm. Mr. Hurd, previously with World Vision, has spent his career focusing on international humanitarian and human rights crises, including those resulting from religious persecution. Mr. Hurd has interviewed and spent time with many survivors of violence – in Iraq, Jordan, Lebanon, Ethiopia, Somalia, and Sudan – who were forced to flee from their homes and seek refuge in other countries as refugees or were internally displaced in their own. “On behalf of the entire bipartisan, bicameral Commission, I am delighted to welcome both Stacy and Nathaniel to the Helsinki Commission team,” said U.S. Senator Ben Cardin (D-Md.), Chairman of the Commission on Security and Cooperation in Europe. “In today’s volatile international environment, promoting basic human rights and fundamental freedoms is more important than ever, and the contributions of our two newest staff members will be vital to the Commission’s continuing success.”

  • Helsinki Commission on Opening of Europe’s Largest Human Rights Meeting

    WASHINGTON—U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and Representative Chris Smith (NJ-04), Co-Chairman of the Commission, released the following statement ahead of the Organization for Security and Cooperation in Europe (OSCE) annual high-level meeting on human rights. From September 22-October 3, civil society and government representatives of OSCE participating States will gather in Warsaw, Poland, for the annual Human Dimension Implementation Meeting to discuss compliance with the full range of OSCE human dimension commitments, with special focus on migrant rights, minority issues, and combating violence against women and children. “The Human Dimension Implementation Meeting takes place while Russian aggression in Ukraine continues to threaten basic OSCE principles. I expect this will be a major focus of the meeting, as well as Russian actions at home that are cynically rolling back the ability of civil society to comment on or contribute to how that country functions," said Chairman Cardin. "I am pleased that Professor Brian Atwood will head the U.S. Delegation at this critical time. The promises OSCE states made to one another almost 25 years ago, that respect for human rights within any country is a matter of concern for all states, has guided us and must continue to do so. I also welcome the leadership of the U.S. Ambassador to the OSCE, Daniel Baer, who will be taking a high-level study group to the Auschwitz-Birkenau death camp." Co-Chairman Smith said, “The Russian government’s gross human rights violations in Ukraine must be a central topic of discussion at the Human Dimension meeting. HDIM is an indispensable tool for holding states accountable to OSCE commitments and most effective when both government and civil society representatives have equal opportunity to debate each state’s human rights record.  One issue that states and civil society must discuss this year in Warsaw, and at the OSCE “Berlin Plus 10” anti-Semitism conference in November, is the alarming rise of anti-Semitic incidents in the OSCE region.  The OSCE must also continue to combat trafficking in human beings, including through fulfilling commitments taken last year to train transportation workers to identify possible victims and to improve law enforcement information sharing internationally on potential sex tourists. Commitments are made to be kept.”

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