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FailureDescribed an approach that we have developed in collaboration with a super-major for managing regulatory risk in a comprehensive manor that sets out to try to cover all the potential liabilities that the company faces and the clear benefits of this approach are as follows:Exec............
IHS Regulatory Compliance services
IHS Regulatory Compliance Services<br />
Security<br />Product<br />Lifecycle<br />Energy<br /> Environment<br />About IHS<br /><ul><li>Founded in 1959: To provide product catalogs for aerospace engineers
Today: Leading global source of critical information and insight dedicated to providing the most complete and trusted information and expertise
Souring regulator relations</li></ul>Change Management<br /><ul><li>How do we manage regulatory change?
How do we assign responsibilities and track compliance?
How do we ensure compliance throughout the project’s life-cycle?
What is the best way to protect stakeholder interests?</li></ul>Advocacy, Auditing and Implementation<br /><ul><li>How do we influence regulatory change?
How do our standards benchmark against best practice?
Do our sub-contractors have control over permitting requirements?
How do we develop a culture orientated towards compliance?</li></li></ul><li>Regulatory Compliance ContinuumIHS Regulatory Services<br />5<br />
Regulatory Compliance: IHS Expertise<br />Expertise across the full value chain…<br />From upstream through electric power; from production to the end-user<br />Extensive experience managing & delivering large consulting projects ranging from several months to several years<br />Extensivelegal databases…<br />Covering energy legislation of over 120 countries across the globe<br />Oil & Gas<br />IHS Global Insight<br />A team of legal and policy advisors that integrates research, consulting and industry expertise<br />Market tested thinking andproven methodologies and regulatory consulting<br />Solidglobal energy scenariosframework as a platform<br />Regulatory Compliance Implementation Expertise<br />Global Reach & Integrated Energy Focus<br />Energy Policy, Regulation & Strategy Expertise<br />Renewables<br />Power<br />Blend ofquantitative fundamental analysis and expert judgment<br />Proprietarycompliance management solutions for major stakeholders across the globe<br />Regulatory and legal expertise in the context of technical oil and gas projects<br />Experience across the globe…<br />Fully integrated US, Latin America, Europe, Middle East, and Asia teams<br />Experience in formulating energy policy & developing legislation …<br />oil & gas, power, renewables, sustainable development, unconventional resources, climate change, upstream, midstream and downstream<br />IHS Global Critical Information<br />Experience of embedding regulatory compliance into project planning and workflow<br />Access toIHS databases and software programs<br />Environment<br />
IHS Regulatory Compliance Methodology<br />3rd Party Databases<br />In-country sources<br />IHS Resources<br />Data Gathering Phase: Identifying all applicable Laws, Regulations and Standards<br />Database Population Phase: Addition of legislation to the IHS compliance database<br />Legal Analysis Phase: Identifying minimum permit application requirements checklist<br />Consulting: Process Flow Analysis, Permit Audits, International Benchmarking, Determination of critical path items<br />“Ground-Truthing” Phase: Confirming that the practical implementation matches legal process, inspection and audit<br />
Focus on Quality<br />Visibility in our processes<br />4 C’s: <br />Correctness <br />Completeness <br />Currency <br />Consistency<br />8<br />
9<br />Where has IHS applied its Compliance Management Methodology?<br />COMPLIANCE DOMAINS<br /><ul><li>Environment
Local Content</li></ul>GREENLAND<br />ISRAEL<br />AZERBAIJAN<br />LIBYA<br />KUWAIT<br />BARBADOS<br />DUBAI<br />QATAR<br />MAURITANIA<br />YEMEN<br />NIGERIA<br />COLOMBIA<br />GABON<br />TANZANIA<br />SURINAME<br />MOZAMBIQUE<br />ANGOLA<br />International Best Practice: Regulatory Systems <br />
Country Monitoring: Health, Safety and Environmental laws and standards <br />IHS routinely monitors health, safety and environmental legislation in a wide range of different jurisdictions<br />11<br /><ul><li>Continuous exposure to regulatory change on a global basis provides perspectives on the drivers, influencers and blockers</li></li></ul><li>IHS regulatory expertise <br />Project examples<br />12<br />
Managing Compliance for a Major Company: 1999-2011<br />Situation<br />ExxonMobil stated corporate objective is to achieve 100% compliance<br />Company elected to outsource non-core business and contract a 3rd party to develop, maintain and populate an enterprise compliance system for the operations worldwide<br />In 1999 invited tenders for the work<br />IHS Consulting Plan<br /><ul><li>IHS Contracted to develop SQL database and populate it with the laws and regulations of a jurisdiction where ExxonMobil was making a multi-billion Dollar investment
Successful completion of pilot project led to subsequent contracts to develop a further 5 versions of the database and analyse laws and regulations in multiple jurisdictions, and populate database with the resulting information
Spin-off consultancy work has included preparation of process flow diagrams, permit auditing studies and benchmarking exercises for advocacy purpose </li></ul>REGULATORY SYSTEMS DEVELOPMENT & MAINTENANCE WORLDWIDE<br />Outcome<br /><ul><li>ExxonMobil have the competitive advantage of an up-to-date compliance management system providing immediate answers to regulatory questions and managing information throughout the life-cycle of a petroleum investment
IHS continues to provide support in all aspects of the system (software, data gathering, translation, legal analysis, database maintenance and consulting) </li></li></ul><li>State of Qatar:Health and Safety in the Construction Sector:<br />Situation<br />Dynamic construction in Qatar, heavily reliant on migrant labour<br />National concerns over health and safety protection in the construction industry<br />National wish to lead the Gulf States in the protection of the health of migrant labour.<br />Recognised need for the development and implementation of health and safety codes and a safety management system (SMS)<br />IHS Consulting Plan<br /><ul><li>IHS contracted to develop the required H&S codes and associated safety management system
Phase 1 involved meetings with the key stakeholders, site inspections, reviews and the development of a recommended approach
Phase 2 involved the drafting of comprehensive guidelines for the construction sector and the development of a SMS
With a view to the long-term implementation, Phase 3 involved the development of a plan setting out timescales, resourcing requirements and roll-out</li></ul>Outcome<br /><ul><li>The results of the IHS study put in place a best in class H&S code and supporting SMS for the State of Qatar.
IHS recommendations regarding capacity building in the regulatory authority responsible for H&S provide for the effective management and enforcement
The implementation plan which is to be rolled out in 2011, provides a phased approach for the progressive regulations of all construction activities in the State of Qatar.</li></li></ul><li>Advocacy Support Services: Nigeria Environmental Guidelines<br />Situation<br />Department of Petroleum Resources planning to update the comprehensive Environmental Guidelines for the Petroleum Sector. <br />O&G SuperMajor becomes aware that some of the proposed changes and new standards are not technologically achievable and correspond to a de facto prohibition.<br />Assistance from an independent 3rd party is sought to support advocacy process<br />IHS Consulting Plan<br /><ul><li>IHS contracted to carry-out a comparative review of the DPR proposed standards and guidelines, with reference to the standards implemented in certain OECD countries.
Comprehensive report developed which clearly identified anomalies and inconsistencies in the proposed draft standards, focusing on standards that technological were not achievable.
Report was submitted to the DPR in support of the advocacy process to ensure that the standards prescribed were specific, measurable and acheivable. </li></ul>Comparative Review<br />Outcome<br /><ul><li>The comparative report was used as part of the review process to ensure that the revised standards were aligned with industry best practice and international benchmarks.
The comprehensive DPR Environmental Guidelines were re-published with the majority of the key anomalies and inconsistencies replaced by achievable standards.</li></li></ul><li>Countries’ Regulatory Profiling for an international company: <br />Situation<br />A significant challenge associated with being an international company is gaining rapid access to the critical path regulatory information associated with the import, certification and sale of goods in multiple countries. <br />As a pilot project, client contracted IHS to carry out a review of Thailand’s certification requirements, with specific reference to client’s regulatory categories, thereby providing client’s staff with a roadmap to assist in its country-entry strategy.<br />IHS Consulting Plan<br /><ul><li>Identify the competent authority, provide contact information, define competencies and responsibilities, summarize the legal basis, present its structure, highlight any challenges associated with the regulatory process and headline any proposed changes.
Presentation of information in an integrated manner, both via PPT files and via Excel template, providing competitive advantage through detailed regulatory process guidance.
Validate IHS understanding of the regulatory processes through direct contact with the relevant regulatory authority</li></ul>Outcome<br /><ul><li>To develop a methodology that the delivers the information that client requires to effectively managed the regulatory and certification process as part of its’ international operations.
IHS subsequently contracted to carry out an eight country regulatory profiling study.
Countries covered include: Brazil, China, Indonesia, India, Italy, Mexico, Russia, UK</li></li></ul><li>Regulatory Support: Early Warning SystemManaging Regulatory Change<br />Situation<br />In an increasingly litigious world, international business is faced with significant commercial risks associated with regulatory change. <br />Introduction of new laws and standards can have significant impact on the economic viability of a business<br />As a pilot project, client contracted IHS CERA to develop an early warning system (EWS) relating to regulatory change as it affects its business in Brazil<br />Sources of information<br />Primary Sources<br />Secondary Sources<br />Government Websites<br />IHS Global Insight<br />3rd Party Publications<br />Policy Makers<br />In-country Sources<br />MERCOSUR<br />IHS Consulting Plan<br /><ul><li>Confirm primary and secondary sources of information relating regulatory change in Brazil.
Utilize information sources to track changes in policy, laws and standards, regulatory processes, jurisdictional responsibilities and organizational developments.
Provide weekly updates on all regulatory changes that have the potential to impact on client’s business in Brazil
Carry out periodic (quarterly) reviews of the primary and secondary sources of information to confirm the efficacy and completeness of the information that is being delivered to client – Develop methodology as necessary.</li></ul>Weekly Updates and Insight on all new regulatory developments applicable to client’s interests<br />Intended Outcome<br /><ul><li>To develop and evolve a methodology that the delivers the information that client requires to have “line of sight” on regulatory change that directly affects its business activities in Brazil.
To provide client with confidence that that the service provides value and insight and therefore has applicability in other jurisdictions where client is faced with a volatile and rapidly evolving business environment.</li></ul>Client<br />
Due Diligence &Transaction Support: Tanzania National Development Corporation<br />Situation<br />Significant iron ore (Liganga) and coal measures (Mchuchuma) located in the extreme West of Tanzania, discovered in the 1940s but remaining undeveloped<br />National levels of electrification approximately 10%, power developments essential (mine-mouth power station)<br />National Development Corporation (NDC) seeking foreign investment in the development of these resources<br />Due Diligence Process<br />IHS Consulting Plan<br /><ul><li>IHS contracted to support the overall process of attracting foreign investment with the work divided into two main phases
Phase 1 – Technical Due Diligence: IHS carried out a technical review of all existing reports and data related to the sites and conducted site visits. Independent analysis confirmed the likelihood of sufficient resources for monetisation.
Phase 2 – Transaction Support: IHS supported the NDC in the preparation of the bid documentation and bid appraisal criteria, managing the bid process and assessing the pre-qualification and detailed bids</li></ul>Transaction Support<br />Outcome<br /><ul><li>As a result of the bidding process and the assessment of the bids received from international mining and power companies, IHS was able to support NDC in the selection of the preferred bidders for Liganga and Mchuchuma
Extended exploration work has commenced at Liganga and at Mchuchuma confirmation drilling is to commence shortly to provide the basis for JORC certifcation</li></li></ul><li>Advantages/Benefits of a Common Approach to Regulatory Compliance Management<br />20<br /><ul><li>Failure to comply has the potential to significantly impact on the investment success
For a multi-national company, the implementation of a standardised approach to compliance management has a number of significant advantages:
Executive dash-boarding to track international project success
Effective knowledge management throughout the life-cycle of a investment
Minimised system development costs through a structured program driven by a large user community
Structured compliance process tracking through the various phases of the investment cycle</li></li></ul><li>21<br />Our Clients:<br />Ministry of energy and environmental <br />protection - Barbados<br />Ministry of Municipality and Urban Planning - Qatar<br />Department of Petroleum Resources , Ministry of Petroleum - Nigeria<br />Ministry of Petroleum<br />Angola<br />