SEC Rules Requiring Disclosures for Resource Extraction Companies

As required by the Dodd-Frank Act, in December 2020, the SEC adopted final rules requiring require resource extraction companies to disclose payments made to foreign governments or the U.S. federal government for the commercial development of oil, natural gas, or minerals.  The last version of the proposed rules were published in  December 2019 (see HERE )The rules have an interesting history.  In 2012 the SEC adopted similar disclosure rules that were ultimately vacated by the U.S. District Court.  In 2016 the SEC adopted new rules which were disapproved by a joint resolution of Congress.  In December 2019, the SEC took its third pass at the rules that were ultimately adopted.

The final rules require resource extraction companies that are required to file reports under Section 13 or 15(d) of the Securities Exchange Act of 1934 (“Exchange Act”) to disclose payments made by it or any of its subsidiaries or controlled entities, to the U.S. federal government or foreign governments