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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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CARDIN United States Senate   RICHARD BLUMENTHAL                                                   United States Senate   JOHN CORNYN                             United States Senate   ROGER F. WICKER                                 United States Senate                              DANIEL COATS                             United States Senate   CHRISTOPHER S. MURPHY                             United States Senate   DAVID VITTER United States Senate   KELLY AYOTTE United States Senate   LOUISE M. SLAUGHTER Member of Congress   JOE PITTS Member of Congress   MICHAEL C. BURGESS Member of Congress

  • Cardin, Wicker Name Ambassador David Killion to Lead U.S. Helsinki Commission Staff

    WASHINGTON – U.S. Senators Ben Cardin (D-Md.) and Roger Wicker (R-Miss.) have announced the joint appointment of David T. Killion as the Senate Staff Director for the U.S. Commission on Security and Cooperation in Europe (U.S. Helsinki Commission). A diplomat familiar with navigating multilateral international organizations, Killion is the former U.S. Ambassador to the United Nations Educational, Scientific and Cultural Organization (UNESCO). He previously served as a Senior Professional Staff Member on the House Committee on Foreign Affairs where he was the foremost expert on international organizations. Killion first joined the House Foreign Affairs Committee staff as a key advisor to then Chairman Tom Lantos (D-Calif.) and he was a leader on human rights work. Ambassador Killion will replace Fred Turner, who recently became chief of staff to Senate Foreign Relations Committee Chairman Bob Menendez (D-NJ). “The U.S. Helsinki Commission has a long-standing tradition of operating above partisan politics as it works to advance our country’s international leadership on democracy, human rights and economic issues. Along with Senator Wicker, I am proud to welcome Ambassador David Killion as Staff Director, extending this bipartisan precedent with an individual steeped in experience who has represented the United States of America at the highest levels overseas but also understands the deep origins and appropriate uses our Nation’s foreign policy tools,” said Senator Cardin.    “Ambassador Killion’s extensive professional experience in diplomacy and international affairs uniquely qualifies him to serve in this important role,” Senator Wicker said.  “He has proven his ability to promote America’s best interests on the global stage, earning the respect of members from both political parties.  I look forward to working with him on the Helsinki Commission, which continues to be a force for the advancement of democracy and security around the world.” Ambassador Killion will serve as an advisor to Senators Cardin and Wicker, Chairman and Senate Ranking Member of the U.S. Helsinki Commission respectively.  He will manage a professional staff charged with monitoring compliance with the Helsinki Accords and advancing comprehensive security through the promotion of human rights, democracy, and economic, environmental and military cooperation in the 57 countries of the Organization for Security and Cooperation in Europe (OSCE). The CSCE/U.S. Helsinki Commission is a bipartisan, bicameral, dual-branch organization that consists of nine members each from the U.S. Senate and the House of Representatives, and one member each from the Departments of State, Defense, and Commerce. Most recently, the OSCE has played an integral role in monitoring events in Ukraine as Russia disregards its commitments to Ukraine’s territorial integrity under the Helsinki Final Act and specifically the Budapest Memorandum. The OSCE has provided many of the non-military tools at the disposal of the Administration and Europe and continues to address how to best assist Ukraine and deter further Russian aggression.  "At a time when conflict is flaring in the OSCE region, I am honored that Senators Cardin and Wicker have placed their faith in me to lead the professional staff of the U.S. Helsinki Commission.  The Commission is a hidden gem in the Congress that still reflects the goal that partisanship stops at our Nation's shores,” Ambassador Killion said. “The Commission has never been more relevant than it is today.  I hope to assist Senators Wicker and Cardin and all the Commissioners to as we seek to hold Russia accountable to its commitments under the Helsinki Final Act and the Budapest memorandum and more broadly as we strengthen America's leadership in human rights and democratic development." Killion served as the U.S. Permanent Representative to UNESCO from 2009-2013. In this role, he administered a multi-agency, multi-million dollar U.S. Mission, worked to better align UNESCO programs and activities with U.S. strategic interests, managed complex political and diplomatic challenges, and fostered public-private partnerships with key American corporations and foundations. As a Senior Professional Staff member of the House Committee on Foreign Affairs, Killion managed the drafting of the State Department Authorization Act on behalf of Committee Chairman Howard Berman (D-Calif.). He has also coordinated Committee initiatives to improve management at the United Nations and reforms to UN human rights mechanisms. Prior to serving on the Foreign Affairs Committee, Mr. Killion served in the Department of State’s Bureau of Legislative Affairs (1996-2001) and as a legislative assistant to Congressman David Skaggs (D-Colo.) (1994-1996).  Ambassador Killion holds a BA from Wesleyan University in Middletown, Conn., and an MA from the University of California at Los Angeles.

  • Cardin Praises Bipartisan Unity in Support of Ukraine, Sanctions Against Russia

    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 (CSCE), praised the full Senate passage of a package of loan guarantees for the new Ukraine government and economic sanctions on those responsible for the invasion of Crimea. “With today’s vote the Senate sent a clear message of solidarity with the people of Ukraine, and indignation for those responsible for the invasion of the Crimea. Russia must be held accountable for its blatant violations of international agreements. The sanctions leveled by Congress are intended to show that Mr. Putin’s inability to conform to international norms, and honor Russia’s agreements, will come at a heavy price. The government in Kyiv has the full support of United States and we will use all available diplomatic and economic tools to return stability to Ukraine,” said Senator Cardin. “I am disappointed that H.R 4152 does not include essential reforms that would strengthen the International Monetary Fund. Despite the omission this bill is a firm and confident step towards returning the region to normalcy. ”

  • The Dog Barks, but the Caravan Moves On: Highs and Lows in U.S.-Russia Relations

    This briefing addressed the state of the relationship between the United States and Russia and the need for continued cooperation across a range of vital interests. A number of questions were posed, including the following: Is the chill in relations deja vu all over again or a new and different break? Are bilateral relations doomed to perpetual confrontation? What are reasonable expectations for the future of the U.S.-Russia relationship? Witnesses testifying at the briefing – including James W. Warhola, Chairman of University of Maine’s Department of Political Science and Matthew Rojansky, Director of the Kennan Institute at the Wilson Center for International Scholars – sought to provide answers to these questions. Some suggestions for improving relations between the two countries given the relevant circumstances included maintaining open lines of communication, defining mutual interests, and responding to Russian action in Crimea through economic means.

  • Senator Cardin’s Floor Statement on Ukraine

    Mr. President, tomorrow we are going to have an opportunity to vote on S. 2124, and I am pleased to learn that it looks as if there is going to be overwhelming support in the Senate for the passage of S. 2124. This is the legislation that helps Ukraine in dealing with the invasion by Russia. Russia's illegal actions of using its military to overtake Crimea, a part of Ukraine, violate numerous international obligations that Russia has committed to. I have the honor of chairing the U.S. Helsinki Commission. The Helsinki Accords were entered into in 1975. Russia was one of the leading forces for forming the OSCE. Russia's taking over of Crimea violates its commitments it made under the Helsinki Final Act. It violates the 1994 Budapest Memorandum, which was signed by the United States, the United Kingdom, Ukraine, and Russia, that guaranteed basically Ukraine's integrity of its land. It violates the 1997 Ukraine-Russia bilateral treaty. It violates the U.N. Charter. The list goes on and on and on. So I believe it is absolutely essential that we have a strong voice in standing with the people of Ukraine. There was absolutely no justification whatsoever for Russia's action. There was no threat to any of the ethnic communities in Ukraine. All the rights of the people were being protected. The country was in transition from a corrupt government to a government that respected the rights of its citizens. If there was any provocation whatsoever of any unrest, it was caused by Russia's presence in Ukraine. We got reports from the chief rabbi in Kyiv that Russia was staging anti-Semitic provocations in Crimea, and the list goes on and on as to what Russia was doing in order to try to give some justification for its actions. Russia's thinly veiled land grab, cloaked in the cloth of self-determination, must not go unchallenged. Here is what I think is critically important: This is a dangerous precedent. We saw Russia use a similar action in Georgia, and now in Crimea in Ukraine. There are other territorial issues involved around the world. If this goes unchecked, if we do not speak with a unified voice, it just encourages more irresponsible action by Russia in other countries. We know that we have concerns about the South China Sea. We know we have concerns about Moldova. There are many other areas where Russia could be involved in its border areas. So all of these issues are matters for us to speak with a strong unified voice. S. 2124 does that. It does it in two principal ways. First, it imposes the sanctions against those responsible for  Russia's invasion into Crimea, Ukraine. It provides sanctions so that these individuals are not permitted to come to the United States. There are economic sanctions in regard to the use of our banking system. These are similar sanctions to what are now being imposed by our European allies. We need to isolate Russia. As we all know, the G8, which included Russia, is now a G7 without Russia. Russia needs to know that there will be sanctions imposed, and they will be stronger sanctions unless they stop this aggressive action. In addition, the legislation provides economic assistance to the new Government of Ukraine. Just 2 weeks ago the Prime Minister of Ukraine was here and met with Members of the Senate. I tell you, it was inspirational to listen to his vision for Ukraine as a democratic, independent state, with full integration into Europe. That is important. He is preparing for a May 25 election for the Presidency of Ukraine. These are all very, very positive steps. But if Ukraine does not have the economic foothold to be able to develop the type of economy and strength in their country, it will be difficult for Ukraine to be maintained as a viable independent state. Here is where the United States and our European allies, and I hope the global community, come together, as we have in this legislation, to provide economic help on a restructured economic plan for Ukraine that will help them move forward in a very constructive way. Mr. President, I must tell you I am disappointed, though, that the reforms of the IMF will be eliminated from this legislation. I think that is regrettable. We are entering into a plan for Ukraine that very much depends upon the IMF's--the International Monetary Fund's--plan to make sure that the moneys we are spending, Europe is spending, and other countries are loaning and providing to Ukraine are based upon a sound economic plan that will work. That is why the IMF is there. And they will be there. But the United States needs to be a full participant in the IMF. We are out of compliance, and here is another opportunity lost for us to be in full compliance with the IMF. I am disappointed about that. But as I said as I took the floor, we must speak with one voice--the Obama administration; the House, the Senate; the Congress--as we stand with the people of Ukraine for their integrity, for their independence, and for the adherence to international principles, which Russia has clearly violated.

  • U.S. Helsinki Commission to Hold Briefing on U.S.-Russia Relations

    WASHINGTON - The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following briefing: The Dog Barks, but the Caravan Moves On: Highs and Lows in U.S.-Russia Relations Thursday, March 27, 2014 1:00 p.m. Rayburn House Office Building Room 2103 Russia’s flag flies over Crimea, Spaso House is vacant, and there’s talk of a new Cold War. The framework for U.S.-Russia relations appears to be in shambles. And Kremlinology may yet be fetched from the proverbial ash heap of history and pressed into the service of a new policy of containment. Is this chill in relations deja vu all over again or a new and different break? Are bilateral relations doomed to perpetual confrontation? What are reasonable expectations for the future of the U.S.-Russia relationship? The United States and Russia share a long, complex history replete with burden and angst, but also grounds for hope. Arguably, no strategic relationship is as vital to security and cooperation in Europe—a key national interest. Come for the context essential to understanding the current crisis, stay for a timely discussion on what is to be done. Lead Discussant: Matthew Rojansky, Director of the Wilson Center’s Kennan Institute Panelist: James W. Warhola, Chairman, University of Maine’s Department of Political Science Moderator: Kyle Parker, Policy Advisor for the U.S. Helsinki Commission

  • Cardin Welcomes Strong U.S. Action To Support Ukraine And Hold Accountable Those Who Have Victimized Its People

    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 (CSCE), lauded approval Wednesday of a package of loan guarantees for the new Ukraine government and economic sanctions on those responsible for the invasion of Crimea and massive corruption in Ukraine. Shortly after the SFRC vote, Senator Cardin joined other members of the Committee for a meeting with Ukraine’s Prime Minister Arseniy Yatsenyuk. “Ukraine is an incredibly important country.  It is a priority to move swiftly on a bill that would support the new government in Kyiv, hold those who committed atrocities against the people of Ukraine accountable, and increase the effectiveness of the International Monetary Fund, which is the main vehicle for economic assistance to Ukraine,” said Senator Cardin. “The recent events are tragic, and they illustrate the consequences of pervasive government corruption. It is imperative that the United States and the international community stand united and mobilize to support Ukraine during this period of transition and instability. We need to help Prime Minister Yatsenyuk and the new leadership in Kyiv succeed without being beholden to Russia. We must also ensure that Russia understands that their attempt to take Crimea through brute force will have consequences. Russia’s invasion of Ukraine is one of the most serious breaches of OSCE principles since the signing of Helsinki Final Act in 1975. These principles include the territorial integrity of states, inviolability of borders, and refraining from the threat or use of force. “Once again, Russia has proved the necessity of the Sergei Magnitsky Rule of Law Accountability Act, and the situation in Ukraine illustrates the value of expanding the bill to apply globally before another crisis arises. I look forward to working with Chairman Menendez and the full committee as we consider the Global Human Rights Accountability Act in the near future. In addition to the national security benefits, when enacted, this law will provide a consistent process for economic and travel sanctions that will be a deterrent to those individuals would consider committing gross violations of human rights in the future. Passage will make it clear to all countries that they must hold accountable those who would violate universal human rights.”

  • U.S. Helsinki Commission to Hold Hearing on Developments in the Western Balkans and Policy Responses

    WASHINGTON–The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following hearing: Developments in the Western Balkans and Policy Responses Wednesday, March 5, 2014 10:00 am Dirksen Senate Office Building Room 106 Scheduled to testify: Hoyt Yee, Deputy Assistant Secretary for European and Eurasian Affairs, U.S. Department of State Tanja Fajon, Member (Slovenia), European Parliament Kurt Volker, Executive Director, the McCain Institute for International Leadership The countries of the Western Balkan region of Europe – Albania, Bosnia-Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia – have started 2014 with a mix of challenges and expectations. Elections, dialogue and ongoing reform will be shaped by the hope of taking the next steps toward European and Euro-Atlantic integration, with each country at a different stage of achievement or preparedness but all of them sharing an interest in progress, advancement and stability across the entire region. The hearing will feature the official views and policy approaches of the United States toward the countries of the Western Balkans, supplemented by the insights and analysis of experts from both sides of the Atlantic.

  • The OSCE 2013 Human Dimension Implementation Meeting

    By Helsinki Commission Staff Overview From September 23 to October 4, 2013, the OSCE participating States met in Warsaw, Poland, for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) according to an agenda approved by consensus of all 57 participating States. The HDIM is Europe’s largest annual human rights gathering and provides a venue for participating States and non-governmental organizations (NGOs) to review the implementation of the full range of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. In 2013, those subjects were: 1) freedom of religion or belief, 2) freedom of assembly and association, and 3) democratic elections and election observation -- sharing best practices. U.S. Delegation The U.S. Delegation was headed by Ambassador Robert Bradtke. Newly confirmed U.S. Head of the U.S. Mission to the OSCE Ambassador Daniel Baer also participated.  (During the HDIM, meetings of the OSCE Permanent Council in Vienna are suspended to facilitate participation by members of permanent missions to the OSCE in the Warsaw meeting.)  Other members of the U.S. Delegation included Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Thomas O. Melia, Special Envoy for Combating Anti-Semitism Ira Forman, and Co-Chair of the U.S. Commission on International Religious Freedom Katrina Lantos Swett.  Helsinki Commission Chief of Staff Fred L. Turner and other Commission staff participated in all aspects of the delegation’s work. Gavin Weise from the International Foundation for Electoral Systems served as a public member on the issue of democratic elections and election observation. Public Members have traditionally been included in U.S. delegations to OSCE human dimension meetings as a means of bringing special expertise to the delegation’s work and to promote greater knowledge of the OSCE process in civil society. This Year’s Meeting As the meeting opened, the high-profile case of imprisoned former Prime Minister Yulia Tymoshenko remained unresolved, casting a pall on Ukraine’s OSCE Chairmanship. GOLOS, a Russian NGO that reports on the integrity of elections in Russia, remained suspended in a wave of increased repression; Russian representatives protested against GOLOS participation at the HDIM. Former political prisoner and RFE/RL correspondent Dovletmyrat Yazkuliyev was not allowed to leave Turkmenistan to participate in the HDIM. Kazakhstani businessman Mukhtar Ablyazov and several of his former colleagues were held in various countries on the request of the government of Kazakhstan – while his wife and daughter were illegally deported from Italy to Kazakhstan. The U.S. statements from the HDIM, raising these and many other specific cases of concern, are available on the website of the U.S. mission to the OSCE (osce.usmission.gov). During the meeting, the United States held bilateral meetings with other OSCE participating States and extensive consultations with civil society. In addition, the United States organized a side event focused on one of this year's special topics, freedom of association and assembly, with a panel of activists from the Civil Society Platform:  Yevgeniy Zhovtis, International Bureau for Human Rights and Rule of Law (Kazakhstan), Valeria Rybok from the Center for Civil Liberties (Ukraine), Dmitri Makarov from the International Youth Human Rights Initiative (Russia), Aleh Hulak, Belarusian Helsinki Commission, and Rasul Jafarov from the Human Rights Club (Azerbaijan).  Speakers described many negative trends across Eurasian and Central Asian states, including onerous registration requirements for civil society organizations, restrictions on peaceful demonstrations, and prosecutions of protestors.  The panel and other attendees also emphasized the importance of a network through which regional civil society organizations could share experiences and effective activities. Other side events were organized by ODIHR, participating States, and NGOs including Freedom House, Amnesty International, Human Rights First, the Open Society Foundations, and the German Marshall Fund.  As at past HDIM meetings, some concerns were raised about the United States, including at side events focused on the abolition of the death penalty and on human rights and counterterrorism (which touched on Guantánamo, drones, and surveillance/privacy issues). Switzerland held a side event during the HDIM to preview its goals for its 2014 tandem chairmanship (with Serbia taking the lead in 2015). Switzerland indicated that its two over-arching human dimension priorities will be to enhance the involvement of civil society and to strengthen the implementation of human dimension commitments. During what promises to be an active and ambitious chairmanship, Switzerland plans to hold four regional workshops with civil society in Southeast Europe, the Southern Caucasus, Central Asia, and Western Europe. During the regular working sessions, several concerns were raised repeatedly, including violence against journalists, harassment of NGOs and restrictive NGO registration laws, and government actions against religious groups portrayed by some governments as non-traditional.  Russia received significant criticism over its Foreign Agents law. (There also were a number of apparently Russian-sponsored “NGOs” which criticized the United States, supported independence for South Ossetia and Abkhazia, and hewed to anti-Baltic state themes.) Problems in Central Asia received considerable attention, including the disappearance of some prisoners in Turkmenistan and the cases of Vladimir Kozlov and Mukhtar Ablyazov in Kazakhstan.  During the HDIM, the NGO Crude Accountability and the Civic Solidarity Platform launched a project called “Prove that They are Alive.”  Designed to follow up on the 2003 invocation of the OSCE Moscow Mechanism with Turkmenistan, the initiative is intended to compel the government of Turkmenistan to inform the families of those imprisoned in connection with an alleged coup attempt in 2002 whether their loved ones are still alive. As at previous HDIMs, the allocation of time during the meeting was highly problematic.  Of the topics restricted to three-hour sessions, the subject of tolerance and non-discrimination was the most oversubscribed.  This session included discussion of the implementation of existing OSCE hate crimes commitments; combating anti-Semitism, intolerance against Muslims and other religious groups; racism and xenophobia; and anti-LGBT bigotry manifested through, in particular, “gay propaganda” laws. In such oversubscribed sessions, speaking time was strictly curtailed to accommodate the dozens desiring the floor, while other sessions ended early with time unused. Notably, Thailand, an OSCE Partner for Cooperation, actively participated in this year’s HDIM, perhaps in order to bolster its application to become a full OSCE participating State.

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