The quintessential conflict of interest trick

May 13, 2020 Letters

Dear Editor,

As the recount drama slowly unfolds on the election front, little attention is paid to the oil and gas sector, where a US $1.2 million contract was awarded to a law firm, Hunton Andrews Kurth, to rewrite our ‘archaic’ oil exploration and production laws.

Two weeks ago, Urgewald, a German environmental NGO wrote to the World Bank about violation of conflict of interest rules in “giving its blessings” to two well-known Exxon affiliates for contracts for improving “Guyana Petroleum Resource Governance and Management”.

Urgewald is of the opinion that the bank, by approving the two Exxon-affiliated contractors, is “undermining governance in the country.” This is brilliant logic! We have seen the resultant local content policy, with no preference for local contractors. With that in mind, we can envision what our petroleum laws might be in the hands of Hunton Andrews Kurth, company known to be working for forty years for Exxon, the most likely major benefactor of any discrepancies.

Dr. Mark Bynoe, Head of the Energy Department has said that it is the “government that selects a contractor after which it is then sent to the Bank for no-objection.” Did Exxon influence the government to select what seems like its favorite law firm to rewrite our petroleum laws? I can understand the World Bank position – if a government cannot discern what is a conflict of interest to safeguard the patrimony of its citizens, why should the World Bank make enemies by rejecting their choice?

There seems to be a new narrative – “To be human is to err conveniently!” Dr. Bynoe did not answer yes or no on whether he knew the law firm had a 40-year connection to Exxon but assumed that the firm would have stated that since it was required that they state their work history. He then goes out of context about being “concerned when I see an NGO out of Germany, speaking for example, that Guyana should leave its resources as is.” Totally irrelevant!

Bynoe is of the opinion that while the law firm “was contracted to draft laws, it was not its responsibility to set them.” He continued, “The drafts would be subjected to a process of going through the Attorney General’s Chambers and then to the National Assembly.” Where is the opportunity for public scrutiny and input in relevance to Article 13 of the Constitution? This is the quintessential conflict of interest trick being played on the people.

On a personal note, I don’t see how a law firm with 40 years of service in defence of Exxon’s environmental responsibilities or otherwise- rewriting our petroleum laws, which will or will not impact Exxon’s operations the most, on account of its rights to the largest chunk of our proven oil reserves, does not constitute a conflict of interest.

Yours truly,
Rudolph Singh

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