Keystone XL "Idle no More" Movement One of the Key Issues is 'Communication";Oil Expert

Jan 30^th 2013

Money and Business show Radio Shalom 1650AM 
In Montreal 
Presents 
Richard G DeWolf, P.Eng
listen live

Introduction 

Should a pipeline be built across the United States through the Canadian border to carry oil from the tar sands of Albertato refineries in Texas. We are talking about a project of the northern leg of the keystone XL pipeline that has to be approved by the state department and its fate lies with the president of the United States Barak Obama citing environmental concerns.

While we have talk about the oil pipelines and gas issues like shale, one of the issues that keep’s coming up is the whole issue surrounding oil and gas developments (exploration, development and pipelines) is consultation and communications by the industry and government with local stakeholders (landowners, aboriginals, and environmentalists).

 It seems to me and others that the industry and governments are always on the defensive and reactive rather than being proactive when it comes to communication and consultation with stakeholders regarding oil and natural gas developments."

photograph (ANDRE FORGET/QMI AGENCY)

Obvious with the "Idle no More" movement one of the key issues is "communication, even  The Green Party of Canada is encouraging Canadians to engage in an informed and helpful discourse on Indigenous Rights and fundamental Canadian values of sustainable development, peace, freedom and equality for all Canadians.

phtograph THE CANADIAN PRESS/Adrian Wyld

Green party sais “The Idle No More Movement is an opportunity for people in Canada to join in solidarity on key issues like the protection of water and provision of clean drinking water for all in this country. It is creating awareness of how Canadais exposing us to a free-for all through the Foreign Investment Promotion and Protection Act (FIPA) with China. Foreign Investment Promotion and Protection Act FIPA undermines sovereignty at all levels and infringes on the treaties with First Nations," said Elizabeth May, MP for Saanich—Gulf Islands and leader of the Green Party of Canada.

My name is Samuel Ezerzer, your host to the Money & Business show on Radio Shalom, CJRS 1650 AM. Thank you for tuning in live with our Business studios headquarters in Montreal, the financial capital and the home to the greatest hockey team, the Montreal Canadians. We have another great show for you today and as always, you can call if you have any questions, comments, or criticisms on today's topic. Please call us direct at　514 738 4100 ext 200 or email me at moneyandbusinessshow@gmail.com　if you have any inquiries. You can also visit our website at http://www.radio-shalom.ca/　– all our shows are archived there

Biography

Rick DeWolf is a Professional Engineer and independent energy consultant. Rick has been consulting to most sectors of the oil and natural gas industry for over 20 years, while being involved in the oil and natural gas industry for nearly 35 years. 

Rick is a noted energy consultant which considerable experience respecting oil, liquid and natural gas pipelines in Canadaand the US

Development issues related to new and proposed oil and natural gas pipelines

Regulatory and legislative issues related the development and operations

Rates, tolls and tariff analysis and design, including the development of revenue requirement and tolling models

Cost Allocation and affiliate transfer pricing

Transportation and storage portfolio evaluation

Rick has testified before the NEBon numerous occasions related to the construction, and economics related to all the major energy pipelines in Canada.

Question  
WATCH VIDEO AS WELL

A         What would you say is one of the most important issues affecting the development of new petroleum infrastructure like new pipeline?

o   Early and effective communication between all affective parties.

§  Between the government (all levels), but particularly between the Federal Government and First Nations

§  The petroleum industry and First Nations and other land owners

A         Could you elaborate of each of these areas?

o   First of all I believe that if there is early and effective communications between the various parties, many of the issues can be resolved prior to the regulatory process which tends to be somewhat litigious and lines in the sand tend to be struck.

o   Secondly it is vital that the Federal Government, given its obligation to consult with First Nations regarding new infrastructure, undertake to ensure that communications with First Nations meet the legislative obligations. There remain a number of land claims in area where new pipelines are proposed and hence it is paramount that these land claims be resolved.

o   Thirdly, what I mean by early and effective communications regarding major new petroleum infrastructure, particularly new pipeline, is that the proponents (Petroleum) need to meet with First Nations and other land owners prior to the announcement of new major infrastructure.

§  No one appreciates hearing the news of a new project that will affect their property from a new release without having some prior knowledge of the project. 

§  Prior to any announcement of a new project, the proponents need to sit down with affected parties and explain the project in a manner that lay people can understand. It is one thing to communicate to industry participants and another to communicate to groups and individuals that may not have the same level of knowledge.

§  Effective communication is the need to be upfront of both the risk, and rewards of a project and most importantly how the proponents will mitigate or resolve concerns of the affected parties.

clips

Published on Jan 22, 2013

U.S. Department of State Spokesperson Victoria Nuland leads the Daily Press Briefing at the U.S. Department of State in Washington, D.C. on January 22, 2013. [Go tohttp://video.state.gov for more video and text transcript.]

Keystone pipeline and Nebraskais giving a nod for different route

"Idle No More" is a worldwide indigenous movement started by the First Nation Tribes of Canada as a way to help protect the Constitutional Treaty Rights of the Indian Act. These rights are being threatened by the proposed C-45 Bill. The Bill will significantly decrease tribal leader and community control over decisions related to the land and water use on Indian Reserve lands, the tribal peoples of Canada will have little to no control over how corporations make use of untapped natural resources, specifically on indigenous territory protected under Sovereignty treaties. 

Attawapiska Chief Theresa Spence began a hunger strike on Dec. 11, 2012. She is asking Prime Minister Stephen Harper to attend a discussion regarding the Bill and treaty rights. Harper has yet to respond. Spence is willing to die for her people's rights.

This film documents one of the many events worldwide in support of the Idle No More movement. This event was held in Seattle Washington De. 29, 2012.

The film was Directed by Dave Wilson (Brother Ali, Frank Ocean, Atmosphere, Yelawolf, Evidence), Produced by Tulalip tribal member and independent recording artist Brodie Stevens "Redskin" with footage by cameraman Ben Hampton. The film is narrated by author Gyasi Ross and elder Ramona Bennett. The gathering was organized by Lawerence Miguel and James Ole Coyote Sacred Water. Additional music by "Redskin." 

A         Do you believe that there has been early and effective communication in the past?

• Yes and no. As we can see from the significant opposition to many new pipeline projects, there is much more government and industry needs to do educate and increase the knowledge of the public.  The increase over the past number of years regarding “social media” has resulted both in the level of activeness by the public, but also in the dissemination of erroneous information and facts. The industry needs to ensure that information regarding both the benefits and how the proponents will mitigate and deal with potential concerns be outlined early on in the process rather than appearing to be on the defensive.   

Listen to Sierra Club Executive Director Michael Brune

source NPR News Radio (All Thing Consider)

Nebraskahas endorse it!

http://www.npr.org/about/aboutnpr/stations_publicmedia.html

Sierra Club announces it will engage in civil disobedience……finally

JANUARY 23, 2013

back to questions 

A         Will early and effective communication resolve all of the potential problems?

o   Obviously no, since there are stakeholders that will oppose new infrastructure regardless of what the Government or Petroleum industry does to ensure that there are solutions to mitigate the stakeholders concerns and that is the reason there are regulatory processes to adjudicate the different opinions.

o   However, as I pointed out, one of the most important issues is that with early and effective communication between all parties, many issues can be resolved and all parties can become better educated and knowledgeable of the others’ point of view and concerns.

Richard G DeWolf, P.Eng

111 Strathbury Bay SW

Calgary, Alberta

T3H 1N3

Land Line: 403.249.6861

Cell: 403.830.4966

Email: rdewolf@shaw.ca

  The United States must boost energy spending to make its mark on the climate debate.  

 

notes

http://www1.ifc.org/wps/wcm/connect/5a4e740048855591b724f76a6515bb18/PartOne_StakeholderConsultation.pdf?MOD=AJPERES

For projects that have environmental and social impacts, consultation

will not be a single conversation but a series of opportunities to

create understanding about the project among those it will  likely

affect or interest, and to learn how these external parties

view the project and its attendant risks, impacts, opportunities, and

mitigation measures.

Listening to stakeholder concerns and feedback can be a valuable

source of information that can improve project design and outcomes and

help a company to identify and control external risks. It can also

form the basis for future collaboration and partnerships. For

stakeholders, a company’s consultation process is an opportunity to

get information, as well as to educate company staff about the local

context in which a project will take place, to raise issues and

concerns, ask questions, and potentially help shape the project by

making suggestions for the company to consider and respond to.

Different organizations sometimes use different terminology – be

it “consultation,” “public consultation,” or “public participation” –

to express similar concepts and principles. The core values of the

International Association for Public Participation are as follows:

1. The public should have a say in decisions about actions that

could affect their lives.

2. Public participation includes the promise that the public’s

contribution will influence the decision. Public participation

promotes sustainable decisions by recognizing and communicating

the needs and interests of all participants, including decisionmakers.

3. Public participation seeks out and facilitates the involvement of

those potentially affected by or interested in a decision.

4. Public participation seeks input from participants in designing

how they participate.

5. Public participation provides participants with the information

they need to participate in a meaningful way.

6. Public participation communicates to participants how their

input affected the decision.

Source: International Association for Public Participation, www.iap2.org

http://www.npr.org/templates/story/story.php?storyId=170039466

Are International Banks Making Side Deals with Prosecuters (Deferred Prosecution Agreements)

Radio Shalom, Money and Business – Jack Bensimon, Host
January 9, 2013 -- Show 22 – Banking and Securities Regulatory Compliance
“Deferred Prosecution Agreements (DPAs):
Are they Effective Tools of Securities Enforcement”
with Jack J. Bensimon, Managing Director, Black Swan Diagnostics


MONEY AND BUSINESS
Introduction
    
    

   listen to first part of show

part 2


Today’s topic of discussion: 
“Deferred Prosecution Agreements (DPAs): Are they effective tools for securities enforcement?”
Securities regulatory enforcement has long been a serious concern among securities regulators around the world. Self-reporting of companies committing white collar offenses is rare. Resource constraints at regulators have yielded unfavorable outcomes and minimal sentences for perpetrators.
DPAs give issuers an option to resolve potential securities breaches before escalation. They allow issuers to secure a global settlement while cooperating with regulatory authorities that may span multiple jurisdictions.
On this show, we will discuss this and other issues, risks, and concerns around DPAs with a focus on how they can impact capital market investors.



SAMUEL EZERZER 
Radio Show host

NEW YORK (AFP) - HSBC intentionally broke United States (US) sanctions on Iran and other countries, and laundered Mexican drug money to build its business, the US said on Tuesday as it socked the global banking giant with US$1.92 billion (S$2.35 billion) in fines.
US authorities blasted the British bank's internal controls as "knowingly and willfully" lax as it enabled forbidden financial transactions with Iran, Libya, Sudan, Cuba and Myanmar from the 1990s to 2006.
Its Mexico branch also freely allowed hundreds of millions of dollars to be laundered through HSBC by drug groups, the Justice Department said.
The US said the bank violated US sanctions laws, the Cold War-era Trading with the Enemy Act aimed at Cuba, and numerous banking regulations as it exposed the US financial system to terrorists and drug cartels.



BIOGRAPHY 

Jack Bensimon
Our guest today is Jack Bensimon, Managing Director of Black Swan Diagnostics Inc., an independent securities regulatory compliance consulting firm located in Toronto’s Bay St. core. He has worked in the securities industry for over 19 years, mainly acting as Chief Compliance Officer (CCO) for banks, investment banking and counselling firms, trust companies, and broker-dealers. He has testified as an expert anti-money laundering witness in federal court for a major banking litigation case.

He is a graduate of the University of Toronto, The Wharton School, University of Pennsylvania (Investment Management). Jack has a Master of Laws (LL.M.) in Business Law from the University of Toronto, Faculty of Law. Jack also has an LL.M. in Securities Law and an LL.M. in the General stream, both from Osgoode Hall Law School (York University). He is chair of the subcommittee and board member of the Canadian Technion Society. The Technion-Israel Institute of Technology is based in Haifa, Israel. He can be reached at jbensimon@rogers.com




Segment I: Introduction to DPAs



[Maurice to jack ]  Q1: What is a Deferred Prosecution Agreement (DPA), or otherwise known as a “DPA”?
 A Deferred Prosecution Agreement, or otherwise known as a DPA, is an agreement between the crown and the company, which is a legal deal that allows the company to settle a fraud investigation with the government. In return, the company settling with the government pays an agreed sum as a fine to the crown. This prevents litigants from what is known as “jurisdiction shopping” whereby the parties look to sue in states  that are most favorable or likely to secure a win.


[Maurice to Jack] Q2:DPAs are sometimes referred to as NPAs (Non Prosecution Agreements) –why is that?
It allows companies to admit wrongdoing, especially important where fraud allegations and charges are made, pay fines, and allow independent monitors to supervise outcomes.  In exchange for this agreement, prosecutors agree to suspend charges, although they may not drop charges. In other words, it buys the company some time concerning the fraud charges, which carry potential criminal indictments.
DPAs are being used to fight against economic crimes – including many types of frauds in the marketplace. Securities fraud just being one of them, of course.


[Maurice to Jack] Q3:Are these mainly US instruments, or do they also exit in Canada and other common law countries?
In the US, for 2012 alone, DPAs resulted in criminal indictments exceeding $9B in penalties for corporate wrongdoers. This is a major win for prosecutors given that these cases are settled quickly and efficiently without a full trial proceeding. They are increasingly used to resolve front-page corporate crime offenses. They are popular among major law enforcement agencies, including the DOJ and SEC.
They have been recently introduced in the UK in conjunction with the Serious Fraud Office (SFO). Two elements were missing with the SFO -- sentencing principles and transparency for proportionate penalties. The new DPA regime in the UK attempts to reconcile both of those gaps.




[Maurice to Jack] Q4:  Which countries are making increasing use of DPAs and why?
The most obvious example, as mentioned before, is the UK. There are a number of reasons why the UK is converging towards this practice. First, regulatory enforcement agencies, overall, have not ben successful in prosecuting white collar crimes. The existing prosecution system is not working well in fighting against economic crimes.
The second reason is that from an efficiency perspective, the government reduces their costs by reaching a global settlement and avoiding a full trial – which can be very costly for the taxpayer, with no guarantee of prosecutions secured. It becomes a cheaper way for the government to prosecute white collar crime.
Third, it allows the crown to make more efficient use of their resources by reaching mutually acceptable settlements in return for admission of wrongdoing. The crown already has limited resources in fighting against frauds, and DPAs can short-circuit the trial, settlement, and prosecution stages.

[Maurice to Jack] Q5:Do you see this global trend of DPAs among common law countries becoming more pervasive?
Securities regulators have come to realize that criminal prosecutions under a securities law / criminal setting are very difficult to secure prosecutions for white collar offenses. Hence, the shift towards prosecutors looking at alternative ways to mediate these white collar offenses in a way that is quicker, less costly, and more efficient.
The US has made the greatest use of DPAs and we’re seeing the greatest increase in cases since 2006. For example, in 2006, there were 24 agreements DPAs entered, increasing to 35 in 2012. 35 of these were with the DOJ, and on with the SEC. The monetary recoveries relating to DPAs and NPAs is encouraging – with $5.9B in 2006, to $9B in 2012. As for the low SEC number, this is troubling as we’ve seen the proliferation of Wall Street comes with the onset of the global credit crisis in late 2007. Although this almost a 50% increase, we are starting from a small absolute base and is indicative that there is potential for far more DPAs to be agreed to.


Credit Suisse's Secret Deals
Bank Gave Iran, Other 'Rogue' Players Access to U.S. Dollars; $536 Million Settlement


Segment II: Are DPAs effective in serving the public interest?

[Sam to Jack] Q1: There has been a lot of media and academic coverage about whether DPAs serve the “public interest”  Can you explain what this means?
To serve the public interest refers to – who actually benefits from these agreements – the public (meaning the capital market investor) or the regulator – such as DOJ, SEC, or any other regulator involved in using DPAs. In an ideal world, the way criminal offenses and prosecutions are handled and settled should be done in a way so as to benefit the public – the taxpayer.  However, we don`t live in an ideal world.
The reality is that legislation can often serve the needs of the government (in this case – prosecutors) since as they see it, it is a more cost efficient way of getting through more cases in a shorter period of time. It saves them time, money, aggravation, and the prospect of not securing any prosecutions at all.  Does the public benefit from these benefits that accrue to the government? It depends on which side of the coin you’re on.
If you’re on the investor side and you have been wronged by an issuer through fraud or some other white collar criminal offense, then you want a strong enforcement system that maximizes damages and liability owed to shareholders. In that sense, DPAs may not serve the public interest, if the public is defined to be the average John Q. Public investor.
On the other hand, however, if you are an issuer and you have wronged investor and are looking for a lighter punishment with reduced penalties and consequences (i.e., lower monetary penalties recovered by the government on behalf of investors), then DPAs may serve the interests of issuers. If the public interest is defined to include individuals who represent the management of issuers, then DPAs serve this limited population of the public interest. In other words, it depends on which side of the coin you’re on and when.
[Sam to Jack] Q2: What types of requirements can prosecutors impose as part of a DPA?
Penalties
Fines
Regulatory suspensions (SEC) – FINRA, CFTC
Corporate governance – abstaining from sitting on public boards for a certain period of time
[Sam to Jack] Q3:   What evidence exists to suggest that DPAs incent companies to self-report white collar crimes?
Lack of evidence, easy for prosecutors
[Sam to Jack] Q4:   What factors determine the timelines associated with DPA compliance?


[Sam to Jack] Q5: What is the role of judges in either serving or working against the public interest in DPAs?
HSBC Bank USA N.A. and HSBC Bank Holdings plc, its parent company, agreed to forfeiture and penalties of a more than $1.9 billion dollars for systemic and willful violations of U.S. anti-money laundering and foreign sanctions laws. $1.9 billion may sounds like a lot, but does the penalty fit the crime? It’s not entirely clear if it does.



US senators hear humiliating apologies from executives from HSBC

From the mid-1990s through at least September 2006, HSBC violated U.S. and New York State criminal laws by knowingly and willfully moving or permitting to be moved illegally hundreds of millions of dollars through the U.S. financial system on behalf of banks located in Cuba, Iran, Libya, Sudan, and Burma, and persons listed as parties or jurisdictions sanctioned by the Office of Foreign Assets Control of the United States Department of the Treasury (“OFAC”) (collectively, the “Sanctioned Entities”) in violation of U.S. economic sanctions.
HSBC Bank USA was already fingered for substantial problems with its anti-money laundering regime, before so this is the not the first run-in in breaching federal laws:




For example, from 2003 to 2006, HSBC had a written agreement with regulators for formal supervisory action that requires a financial institution to correct operational deficiencies. The written agreement required HSBC to improve its AML compliance with the BSA, and specifically required HSBC to enhance its customer due diligence or “know your customer” (“KYC”) profiles and the monitoring of funds transfers for suspicious or unusual activity. They failed to comply with this and breached federal banking, AML and privacy statutes.


[Sam to Jack] Q2: What additional challenges do you see in ensuring DPA effectiveness?
[Sam to Jack] Q3: Are they likely to stem the tide against large-scale corporate frauds?

I would like to thank Jack Bensimon for speaking on our show and providing insights in reviewing and analyzing the various aspects of DPAs and NPAs – their design, purpose and public policy objectives. Jack Bensimon can be reached at jbensimon@rogers.com 416-985-0757,
Jack J. Bensimon, B.A. (Hons), LL.M. (Sec), LL.M. (Bus), LL.M. (Gen), CIMA, CAMS, CFSA, CCSA





Andrew Harrer/Bloomberg News
Senator Carl Levin criticized HSBC for laundering money and the Office of the Comptroller of the Currency for not stopping it.


The Permanent Subcommittee On Investigations> Hearings
U.S. Vulnerabilities to Money Laundering, Drugs, and Terrorist Financing: HSBC Case History



http://www.hsgac.senate.gov/subcommittees/investigations/hearings/us-vulnerabilities-to-money-laundering-drugs-and-terrorist-financing-hsbc-case-history


The Permanent Subcommittee On Investigations>Hearings
U.S. Vulnerabilities to Money Laundering, Drugs, and Terrorist Financing: HSBC Case History
Permanent Subcommittee on Investigations

July 17, 2012 09:30AM
Location: Room 106, Dirksen Senate Office Building

Open in New Window

Member Statements

Chairman, Permanent Subcommittee on Investigations CARL LEVIN D (MI)

Download Statement (93.9 KB)

Ranking Minority Member, Permanent Subcommittee on Investigations TOM COBURN R (OK)

Download Statement (33.7 KB)

Agenda

The Permanent Subcommittee on Investigations held a hearing, "U.S. Vulnerabilities to Money Laundering, Drugs, and Terrorist Financing: HSBC Case History," on Tuesday, July 17, 2012, at 9:30 a.m., in Room 106 of the Dirksen Senate Office Building.The Subcommittee hearing examined the issue of money laundering and terrorist financing vulnerabilities created when a global bank uses its U.S. affiliate to provide U.S. dollars, U.S. dollar services, and access to the U.S. financial system to high risk affiliates, high risk correspondent banks, and high risk clients, using HSBC as a case study.  

We are NOT an English-Rights Advocacy Group;The New Alliance Quebec 2:

Interview with Ian Stone, Communications Spokesperson, Alliance Quebec2. 
http://www.youtube.com/watch?v=RM4-A0O6rAU

Program Name: Money and Business with Samuel Ezerzer
listen via internet http://www.radio-shalom.ca/site/emissions-1042

Hours : Wednesday live at 4pm, rebroadcasted Sunday at 3am and Monday at 7pm.
Description: The Money & Business Show is the only pure Business show, live in-studio direct from Montreal. The show focuses primarily on the Canadian, United States, and the international economy through a Canadian lens. The show is informative, exciting, and sometimes controversial, encouraging healthy debate.


"Bill 101 is a bread and butter issue that affects every single Quebecer where it matters most - in their wallets and at their dinner-tables."

In baseline terms, Bill 101 is responsible for more desecration of wealth and private sector investment opportunity in Quebec than any law in North America since... perhaps, alcohol prohibition?

Bill 101 creates poverty, limits economic opportunity and creates barriers to entry in our marketplace that shouldn't be there; Bill 101 has broken up more families than divorce among Montreal's English community and is responsible for thousands of English-language McGill and Concordia DOCTORAL graduates LEAVING the province. Bill 101 is a mental-health issue, an employment issue, a children's issue, a family issue, a seniors' issue, a Physician issue... Moreover, Bill 101 is all about how QUEBEC says HELLO to today's global marketplace -- and two middle fingers sandwiching a big-fat ZERO does not generally an international greeting make! ...Not when you have laws like ours on your books!

In raw monetary terms, it costs Quebec approximately one billion dollars per year to administrate its language laws. The price-tag for Federal bilingualism runs comparable ($1 billion per year) and remains mostly un-litigated. Now, pair up these statistics with this one: Canada ranks 15th in child poverty amongst developed nations, and Quebec, were it to become a country tomorrow, would rank an undisputed first! So to sum up, we have no money to feed the children, but we have the money to protect their language?!

Question: Are we really being served as a society then when we frame Bill 101 as an English language rights issue?

Alliance Quebec 2 doesn't believe we are. We are here to ensure this discussion gets the full macro-level coverage it deserves and this includes international spotlighting and of course, the bread and butter economics that affect business and citizens on a day to day basis.

moneyandbusinessshow@gmail.com