Date: March 18, 2010, 7:25 pm


Red Flags on Transparency Provisions

in the Draft Petroleum Revenue Management Bill



Please find below some red flags that have been raised on the transparency provisions in the Draft petroleum revenue management bill.


Article 37(2)

Information on data whose disclosure to the public could, in particular:

a.                 prejudice significantly the performance of the Ghana Petroleum Funds;

b.                 be misleading, as it relates to:

i.                                 incomplete analysis, research or statistics;

ii.                      frankness and candour of internal discussion;

iii.                   the exchange of views for the purposes of deliberation; or

iv.                   the provision of confidential advice;

c.                  significantly affect the functioning of the Government;

d.                 amount to the disclosure of confidential communications;

e.                  substantially prejudice the management of the economy;

f.                   substantially prejudice the conduct of official market operations; or

g.                 result in or lead to improper gains or advantages;

may be declared as confidential.


Article 37(3)

The declaration of confidentially shall, taking into account the principles of transparency and the right of the public as regards access to information, provide a clear reasoning on the motives for treating such information or data as classified.


Article 37(4)

Any information that is classified at the time at which it could have been published, as well as the reasoning for it being treated as classified, shall be made available to the public, upon request, when the reasons for it being classified are no longer valid, and in any case no longer than five (5) years from the date on which it could have been published.


Article 31 (2)

The Minister shall ensure that in releasing, or allowing access to the advices (of the Investment Advisory Board), measures are taken to prevent the disclosure of confidential information.


Article 28(9)c

The President may terminate the appointment of a member (of the Investment Advisory Board) where the member –

‘discloses information contrary to Article 37.......’


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