Open Contracting in Hydrocarbons (TN0042)
Overview
At-a-Glance
Action Plan: Tunisia Action Plan 2018-2020
Action Plan Cycle: 2018
Status: Active
Institutions
Lead Institution: Ministry of Industry and Small and Medium-Sized Enterprises
Support Institution(s): ccess to information Authority CSOs, private sector, multilaterals, working groups - Natural Resource Governance Institute - Tunisian Association of Development Law, - Tunisian Coalition for Transparency in Energy and Mines
Policy Areas
Access to Information, Anti-Corruption, Capacity Building, E-Government, Extractive Industries, Fiscal Openness, Legislation & Regulation, Legislative, Open Contracting and Public Procurement, Open Data, Private Sector, Public Procurement, Publication of Budget/Fiscal InformationDescription
Applying the principles of open contracting in the hydrocarbons field
Beginning of October 2018 – End of August 2020
Lead implementing agency/actor
Ministry of Industry and Small and Medium-Sized Enterprises
Commitment description
Applying open contracting principles in the hydrocarbons field represents one of the most important initiatives adopted at the international level as a criterion for transparency and governance of natural resource management. To further support the launched initiatives that aim to promote extractive industries transparency, this commit- ment is intended to facilitate Tunisia's joining of the open contracting project in the hydrocarbons field through completing the following actions:
- Including open contracting principles in the draft of Hydrocarbon Code revision, such as improving transparency in selecting investors by resorting to competition if necessary, clarifying and disseminating criteria adopted in the selection process and generally publishing all necessary documents and information that explain the contractual process since starting negotiations with investors to the end of contract, including Meetings Minutes of the advisory Committee on hydrocarbons;
- Developing an electronic platform to apply the open contracting principles through publishing all concluded contracts in an open format accompanied by all annexes and associated decisions, in addition to the dissemination of documents about contracts that explain the contracting process with investors;
- Preparing a benchmark study and drawing on international experiences in the open contracting area:
- Developing and executing a training program on Open Contracting Data Standard (OCDS) for the benefit of
officials.
Problem/Background
The contractual process in the hydrocarbon sector is characterized by the complexity and overlap of its procedures, which led to continued campaigns questioning the good governance of the oil and gas resources due to the lack of information and the expansion of the discretionary margin of the ministry in charge of this sector. The open contracting principles represent an appropriate reference to carry out the necessary legal reforms to promote transparency in the hydrocarbon management system. This commitment will serve to enact the Head of the Govern- ment's decision to restructure the natural resources sector.
Identification of commitment objectives/expected results
- Promoting transparency in the energy and mining sector through revising the hydrocarbon legal framework to adopt transparency best practices such as competition and recognizing the need to publish the required data that explain the selection process and its results;
- Initiating effective data dissemination based on open contracting principles such as ongoing publication of contracts in an open data format and the meeting minutes of the Advisory Committee on hydrocarbons, as well as publishing the data on companies contracting with the State and the Tunisian Enterprise of Petroleum Activities,
- Facilitating data reuse, analysis and comparing it with other data from various sources on concluded contracts in this area, which will enable strengthening accountability and oversight in this sector.
How will the commitment contribute to solve the public problem?
- Reinforcing sector transparency and reducing the criticisms and protests faced in this sector, which may lead to the disruption of production and work,
- Enshrining sector integrity and fighting against corruption through providing access to data on petroleum contracts and allowing its study, analysis and comparison, Relevance with OGP values
Transparency: Applying the right of access to information on the energy wealth management through publication of data included in Petroleum contracts,
Accountability: publishing petroleum contracts in an open format that enables citizens and civil society to pursue the management of energy resources and thus to identify and address corruption risks and hold perpetrators accountable
Source of funding /Relation with other programs and policies
Source of funding : Budget of the Ministry of Industry and Small and Medium-Sized Enterprises / Natural Resources Governance Institute
Steps and execution agenda
Beginning of October 2018
End of October 2018
Contact Information
Name of the responsible person from implementing agency
-
Title and Department
Ministry of Industry and Small and Medium-Sized Enterprises
E-mail address
-
Other Actors involved
State actors involved
Access to information Authority
CSOs, private sector, multilaterals, working groups
- Natural Resource Governance Institute - Tunisian Association of Development
Law,
- Tunisian Coalition for Transparency in
Energy and Mines
Commitments
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Right to Information
TN0036, 2018, Access to Information
-
Open Data Framework
TN0037, 2018, Access to Information
-
Access to Geographic Information
TN0038, 2018, Access to Information
-
Open Transport Data
TN0039, 2018, Access to Information
-
Improve Water Resource Governance
TN0040, 2018, E-Government
-
Join EITI
TN0041, 2018, Anti-Corruption
-
Open Contracting in Hydrocarbons
TN0042, 2018, Access to Information
-
Anti-Corruption Framework
TN0043, 2018, Anti-Corruption
-
Participatory Budgeting
TN0044, 2018, Anti-Corruption
-
Youth Participation
TN0045, 2018, Marginalized Communities
-
Implement Initiatives to Apply the OGP at the Local Level
TN0046, 2018, E-Government
-
Online Administrative Services
TN0047, 2018, Capacity Building
-
Access to Civil Service
TN0048, 2018, Capacity Building
-
Joining the Extractive Industries Transparency Initiative "EITI"
TN0021, 2016, Anti-Corruption
-
Modernizing the Regulatory Framework to Enforce The Right To Access to Information
TN0022, 2016, Access to Information
-
The Completion of the Legal and Regulatory Framework of Open Data at the National Level
TN0023, 2016, Access to Information
-
Improve the Transparency and Local Gov Openness
TN0024, 2016, Access to Information
-
Enhance the Transparency in the Cultural Sector : “Open Culture”
TN0025, 2016, Access to Information
-
Enhance the Transparency in the Environment and Sustainable Development Sector
TN0026, 2016, Access to Information
-
Enhancing Transparency in the Transport Sector
TN0027, 2016, Access to Information
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Promoting Financial and Fiscal Transparency
TN0028, 2016, Fiscal Openness
-
Elaborating a Legal Framework for Citizen’S Petitions
TN0029, 2016, Capacity Building
-
Developing an Integrated Electronic Civil Petition and Corruption Reporting Platform
TN0030, 2016, Anti-Corruption
-
Developing New Mechanisms to Promote Interaction with the Youth and Enable Them to Pursue Dialogue About Public Policies
TN0031, 2016, Capacity Building
-
Adopting the Corporate Governance Referential on the Sectoral Level
TN0032, 2016, Capacity Building
-
Developing Mobile Applications Which Could Be Downloaded on the Mobile Phone to Reinforce Transparency of Government Activities and Participatory Approach
TN0033, 2016, Capacity Building
-
Enhancing Access to the Archive
TN0034, 2016, Capacity Building
-
The Development of an Electronic Mechanism to Ensure Transparency of Public Servants Recruitment
TN0035, 2016, Capacity Building
-
Strengthening Legal Framework for Corruption Fight
TN0001, 2014, Anti-Corruption
-
Developing an Integrated Electronic Civil Petition and Corruption Reporting Platform
TN0002, 2014, E-Government
-
Publishing an Annual Report on Audit Activities in Public Sector
TN0003, 2014, Anti-Corruption
-
Review of the Legal Framework of Personal Data Protection and Ensuring Conformity with Article 24 of Tunisian Constitution
TN0004, 2014, Access to Information
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Developing an Open Data Portal
TN0005, 2014, Access to Information
-
Preparing a National Corporate Governance Repository
TN0006, 2014, E-Government
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Establishing a Legal Framework That Regulates Communication and Interaction Within Public Sector and Between Public Structures and Citizens with Usage of ICT
TN0007, 2014, E-Government
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Simplifying Administrative Procedures
TN0008, 2014, E-Government
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Develop a Number of Administrative Services On-Line
TN0009, 2014, E-Government
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Enhancing People Participation in the Decision-Making Process
TN0010, 2014, E-Government
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Capacity-Building of Civil Servants and Citizens in the Area of Open Governance
TN0011, 2014, Capacity Building
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Creation of a Structure Specialized in Training in the Governance Area
TN0012, 2014, Capacity Building
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Publication of Budget Reports
TN0013, 2014, Anti-Corruption
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Development of the Open Budget System
TN0014, 2014, Fiscal Openness
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Use of the Data Extracted from the Application Dedicated to Budget Management (Adeb) in Public Sector
TN0015, 2014, Anti-Corruption
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Publication of Reports Related to Attribution and Execution of Public Procurement and Audit Results
TN0016, 2014, Anti-Corruption
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Publication of Recommandations Included in Audit Reports of Public Procurement
TN0017, 2014, Anti-Corruption
-
Development of an "Open Data" Platform Dedicated to Information Dealing with Oil and Mine Sector Investment
TN0018, 2014, Access to Information
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Improve Transparency in the Area of Infrastructure Projects
TN0019, 2014, Access to Information
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Devoting Transparency in the Environment Field
TN0020, 2014, Access to Information