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  2. Point in time
    2020-01-13

DTR 4.3A Reports on payments to governments

Application

DTR 4.3A.1RRP

1Subject to the exemptions set out in DTR 4.4 (Exemptions) this section applies to an issuer:

  1. (1)

    active in the extractive or logging of primary forest industries;

  2. (2)

    whose transferable securities are admitted to trading; and

  3. (3)

    whose Home State is the United Kingdom.

DTR 4.3A.2RRP

In this section references to an “issuer active in the extractive or logging of primary forest industries” are to an issuer:

  1. (1)

    active in the extractive industry as defined in article 41(1) of the Accounting Directive; or

  2. (2)

    active in the logging of primary forests as defined in article 41(2) of the Accounting Directive.

DTR 4.3A.3GRP

An issuer is considered to be active in the extractive or logging of primary forest industries if any of its subsidiary undertakings are:

  1. (1)

    active in the extractive industry as defined in article 41(1) of the Accounting Directive; or

  2. (2)

    active in the logging of primary forests as defined in article 41(2) of the Accounting Directive.

In this guidance “subsidiary undertaking” has the meaning given in regulation 2 of the Reports on Payments to Governments Regulations 2014 (SI 2014/3209).

[Note: article 44(1) of the Accounting Directive]

Preparation and publication of reports on payments to governments

DTR 4.3A.4RRP

An issuer must prepare a report annually on payments made to governments for each financial year.

[Note: article 6 of the TD]

DTR 4.3A.5RRP

The report on payments to governments must be made public at the latest six months after the end of each financial year.

[Note: article 6 of the TD]

DTR 4.3A.6RRP

An issuer must ensure that the report on payments to governments remains publicly available for at least ten years.

[Note: article 6 of the TD]

Content of reports on payments to governments

DTR 4.3A.7RRP
  1. (1)

    The report on payments to governments must be prepared in accordance with Chapter 10 of the Accounting Directive.

  2. (2)

    Payments to governments must be reported at consolidated level.

[Note: article 6 of the TD]

DTR 4.3A.8GRP

The FCA considers a report on payments to governments which is prepared in accordance with the Reports on Payments to Governments Regulations 2014 (SI 2014/3209) to be in compliance with DTR 4.3A.7 R (1).

Responsibility

DTR 4.3A.9RRP

The issuer is responsible for all information drawn up and made public in accordance with this section.

[Note: article 7 of the TD]

Filing of reports on payments to governments

DTR 4.3A.10RRP
  1. (1)

    2The issuer must file the report on payments to governments with the FCA.

  2. (2)

    The report in (1) must be filed by uploading it to the system identified by the FCA on its website as the national storage mechanism for regulatory announcements and certain documents published by issuers.

  3. (3)

    A report filed under (2) must be in XML (extensible markup language) format and must use the XML data schema developed for the purposes of facilitating software filing to be used for the purpose of delivering a report on payments to governments dated 1 August 2016 and comprising:

    1. (a)

      the Extractive Report Schema Definition;

    2. (b)

      the ISO Country Code Schema; and

    3. (c)

      the ISO Currency Codes.

    The technical requirements in respect of the XML data schema are specified on the UKLA section of the FCA’s website at https://www.fca.org.uk/markets/primary-markets/regulatory-disclosures/reports-payments-governments.