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Tunisia

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

Capacity Building, E-Government, Extractive Industries, Legislation & Regulation, Open Contracting and Procurement, Open Data, Private Sector, Public Service Delivery

IRM Review

IRM Report: Pending IRM Review

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

Relevant to OGP Values: Not Relevant

Potential Impact: Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

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

Tunisia's Commitments

  1. right to information

    TN0036, 2018, Capacity Building

  2. open data framework

    TN0037, 2018, Capacity Building

  3. Access to geographic information

    TN0038, 2018, E-Government

  4. open transport data

    TN0039, 2018, E-Government

  5. Improve water resource governance

    TN0040, 2018, E-Government

  6. Join EITI

    TN0041, 2018, Capacity Building

  7. open contracting in hydrocarbons

    TN0042, 2018, Capacity Building

  8. anti-corruption framework

    TN0043, 2018, Anti-Corruption Institutions

  9. participatory budgeting

    TN0044, 2018, Audits and Controls

  10. youth participation

    TN0045, 2018, Marginalized Communities

  11. Implement initiatives to apply the OGP at the local level

    TN0046, 2018, E-Government

  12. online administrative services

    TN0047, 2018, Capacity Building

  13. access to civil service

    TN0048, 2018, Capacity Building

  14. Joining the extractive industries transparency initiative "EITI"

    TN0021, 2016, Capacity Building

  15. Modernizing the regulatory framework to enforce the Right to Access to Information

    TN0022, 2016, Capacity Building

  16. The completion of the legal and regulatory framework of open data at the national level

    TN0023, 2016, Capacity Building

  17. Improve the transparency and local Gov Openness

    TN0024, 2016, Capacity Building

  18. Enhance the transparency in the cultural sector : “open culture”

    TN0025, 2016, Capacity Building

  19. Enhance the transparency in the environment and sustainable development sector

    TN0026, 2016, Aid

  20. Enhancing transparency in the transport sector

    TN0027, 2016, Capacity Building

  21. Promoting financial and fiscal transparency

    TN0028, 2016, Fiscal Transparency

  22. Elaborating a legal framework for citizen’s petitions

    TN0029, 2016, Capacity Building

  23. Developing an integrated electronic civil petition and corruption reporting platform

    TN0030, 2016, Anti-Corruption Institutions

  24. Developing new mechanisms to promote interaction with the youth and enable them to pursue dialogue about public policies

    TN0031, 2016, Capacity Building

  25. Adopting the corporate governance referential on the sectoral level

    TN0032, 2016, Capacity Building

  26. Developing mobile applications which could be downloaded on the mobile phone to reinforce transparency of government activities and participatory approach

    TN0033, 2016, Capacity Building

  27. Enhancing access to the archive

    TN0034, 2016, Capacity Building

  28. The development of an electronic mechanism to ensure transparency of Public Servants recruitment

    TN0035, 2016, Capacity Building

  29. strengthening legal framework for corruption fight

    TN0001, 2014, Anti-Corruption Institutions

  30. Developing an integrated electronic civil petition and corruption reporting platform

    TN0002, 2014, E-Government

  31. Publishing an annual report on audit activities in public sector

    TN0003, 2014, Audits and Controls

  32. Review of the legal framework of personal data protection and ensuring conformity with article 24 of Tunisian constitution

    TN0004, 2014, Human Rights

  33. Developing an Open Data Portal

    TN0005, 2014, Infrastructure & Transport

  34. Preparing a national corporate governance repository

    TN0006, 2014, E-Government

  35. 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

  36. Simplifying administrative procedures

    TN0008, 2014, E-Government

  37. Develop a number of administrative services on-line

    TN0009, 2014, E-Government

  38. Enhancing people participation in the decision-making process

    TN0010, 2014, E-Government

  39. Capacity-building of civil servants and citizens in the area of open governance

    TN0011, 2014, Capacity Building

  40. Creation of a structure specialized in training in the governance area

    TN0012, 2014, Capacity Building

  41. publication of budget reports

    TN0013, 2014, Audits and Controls

  42. Development of the open budget system

    TN0014, 2014, Fiscal Transparency

  43. Use of the data extracted from the application dedicated to budget management (ADEB) in public sector

    TN0015, 2014, E-Government

  44. publication of reports related to attribution and execution of public procurement and audit results

    TN0016, 2014, Audits and Controls

  45. publication of recommandations included in audit reports of public procurement

    TN0017, 2014, Audits and Controls

  46. Development of an "Open Data" platform dedicated to information dealing with oil and mine sector investment

    TN0018, 2014, Extractive Industries

  47. Improve transparency in the area of infrastructure projects

    TN0019, 2014, Infrastructure & Transport

  48. Devoting transparency in the environment field

    TN0020, 2014, E-Government