Good governance adds sustainable value to global supply chains. Last week we published a short interview with Giuliana Fonseca, an international mining professional who shared her experience with governance and operating procedure design that progressive companies use to prevent and detect instances of fraud, corruption, and bribery in mining, processing, and supply chain operations. Here is the link to the interview.
This week, I expand the discussion to take a brief look at some of the causes and effects from corruption in the mining industry.
Corruption in the International Mining Industry
Corruption is a pervasive and systemic problem in the international mining industry, affecting both developing and developed countries. Corruption can occur at any stage of the mining value chain, from exploration and licensing to extraction and revenue management. It can undermine the social, economic, and environmental benefits of mining, while exposing companies and host governments to legal and reputational risks. Some of the main drivers and forms of corruption in the mining sector can be distilled to three broad categories.
- Weak governance and regulation. In many resource-rich countries, the mining sector is characterized by weak institutions, lack of transparency, accountability, and inadequate enforcement of laws and standards. Weak regulatory oversight creates opportunities for rent-seeking, bribery, patronage, and political interference in decision-making processes. For example, mining companies may pay bribes to obtain or renew licenses, evade taxes and royalties, or bypass environmental and social safeguards. Alternatively, government officials may abuse their authority to award contracts or licenses to favored companies, manipulate bidding processes, or divert public funds for personal gain.
- Complex and opaque transactions. The mining sector involves multiple actors and transactions across different jurisdictions and levels of government. These include exploration and production companies, contractors and suppliers, intermediaries and brokers, regulators and tax authorities, state-owned enterprises, sovereign wealth funds, local communities, civil society groups, international financial institutions and donors. The complexity and opacity of these transactions make it difficult to track and monitor the flows of money, goods, or services complicating efforts to detect and prevent illicit practices such as money laundering, transfer pricing, tax evasion, and fraud.
- High stakes and competition: The mining sector is characterized by high stakes and fierce competition, both within and between countries. The potential for large profits and rents attracts investors and operators, but also creates incentives for corruption and conflict. Mining projects often involve large upfront investments, long-term contracts, and uncertain returns, which increase the risks and uncertainties for both companies and governments. Global demand and supply of minerals are influenced by geopolitical and market factors, which can create volatility and pressure on prices and revenues. These factors can affect the bargaining power and behavior of the parties involved, and lead to disputes and renegotiations.
Negative Impacts from Corruption
There can be negative impacts from corruption in the mining sector.
- Reduced public revenues and benefits. Corruption can reduce the amount and quality of public revenues and benefits generated by the mining sector and affect their distribution and allocation. It can also distort the allocation of public resources and spending, favoring certain groups or regions over others, or diverting funds from priority sectors such as health, education, and infrastructure.
- Increased social and environmental costs. Corruption can increase the social and environmental costs and risks associated with mining activities and undermine the protection and fulfillment of human rights obligations. It can also fuel social conflicts and grievances, by eroding trust and legitimacy, exacerbating inequality, contributing to marginalization, and violating the rights and interests of local communities.
- Diminished investment attractiveness and competitiveness. Corruption can diminish the investment attractiveness and competitiveness of the mining sector and affect the long-term sustainability of the industry. It can also damage the reputation and credibility of mining companies and their host governments, expose them to legal and regulatory sanctions, civil litigation, and public scrutiny.
Conclusions
The interview with Giuliana highlighted that there are incremental gains to be had from introducing strong governance and effective controls in the mining, processing, and global supply chain industries. While global market dynamics have always driven robust, high stakes competition across the industries and that the presence or absence of effective regulations and oversight can influence the potential for corruption, it’s interesting to note that the complexity and transparency of transactions as a function of advancements in data and technology increase the level of risk to global resource industries. The direct impacts from corruption to companies and communities trying to promote investment and grow diverse benefits streams can be extensive.
In the next and final article of this short series, I build on the insights from the interview with Giuliana Fonseca to look at industry governance solutions that drive new benefits, reduce cost, and manage risks – all in support of the case for strong governance.
About
Jeff Peterson is the Founder and CEO of Blue Monarch Management and is a professional Management Consultant specializing in Strategy, Governance, and Organizational Development for companies designing and driving transformational investments.