text:
Q: Send folder to s3 bucket, but do not copy the folder structure I want to send a recursive folder to amazon.
the folder:
folder
└───FOLDER
    ├───SUBFOLDER
            |
            |__ file1.jpg
            |
            |__ file2.jpg
    ├───SUBFOLDER(2)
            |
            |__ file3.jpg
            |
            |__ file4.jpg

for this use:
asw s3 cp /folder s3://mybucket/folder_destination --recursive

but it arrives at the bucket with the same folder structure in the bucket.
my wish is that it reaches the bucket with this structure:
└───BUCKET
        ├───folder_destination
                |
                |__ file1.jpg
                |
                |__ file2.jpg
                |
                |__ file3.jpg
                |
                |__ file4.jpg

I tested this bat:
pushd C:\Users\user\Desktop\FOLDER
for /r %%a in (*.jpg) do (
       aws s3 cp  "%%a" "s3://bucket/Test/%%~nxa"
   )
   popd

he does what I want but very slowly.
for (File f : arquivos) {
            System.out.println(f);
            String fileObjKeyName = "Test" + f.toString().split("/")[f.toString().split("/").length - 1];

            PutObjectRequest request = new PutObjectRequest(bucketName, fileObjKeyName, f);
            ObjectMetadata metadata = new ObjectMetadata();
            metadata.setContentType("image/jpeg");
            //metadata.addUserMetadata("title", "someTitle");
            request.setMetadata(metadata);
            s3Client.putObject(request);
        }

slow too
is there any way to send them quickly without the folder structure?

A: Quickest and simplest would be to first copy all of the individual files from the multiple subfolders to a new, temporary folder, and then aws s3 sync that folder up to S3, then wipe the temporary folder.
Or perhaps you could run commands concurrently.

redpajama_set_name: RedPajamaStackExchange


At the two-third mark of the season, MotoGP crews gear up for the weekend's race at the famous Silverstone Circuit, round 12 of the Championship. Current championship leader Marc Marquez remains the sole rider to have secured points at all eleven races so far, and he leads the riders standings by 53 points from rival Valentino Rossi. Siz points adrift from Rossi is the Defending Champion Jorge Lorenzo.
Marquez has finished on the podium at all but two races. In addition to his three victories, in Argentina, the USA and Germany, he has scored three seconds, three thirds, a fifth, in Austria where he dislocated a shoulder in a practice crash, and a 13th, in France, where he slid off and remounted. This remarkable display of consistency is impressive from a 23-year-old whose previous strategy was always to fight for the win, whatever the risk.
Marquez changed his approach after last season, when his hopes for a third consecutive MotoGP was undone by several tumbles. His new tactic, to always fight hard but don't risk a DNF, is especially appropriate this season, when major technical changes, most importantly different tyres and same-for-all rider controls, have had a major effect on riding technique.
The twice MotoGP champion has a great record at Silverstone, winning the 125cc race in 2010, a third spot in the 2012 Moto2 race and first place at the 2014 MotoGP event. Last year he crashed out of a rain-lashed race while challenging for the lead.
His team mate Dani Pedrosa arrives at Silverstone to complete two-thirds of the 2016 championship holding fourth place overall. The Spaniard has so far had an up-and-down season as he works to adapt to the championship's new tyres. When he can get the best from his tyres and his machine he is fully competitive, as he proved with podium performances in the Argentine and Catalan GPs, but he has also found some races challenging.
In the Yamaha camp, Rossi is in a confident mood after securing second place at the last race in Brno. He looks forward to riding the fast sweeping corners of Silverstone, where he rode his YZR-M1 to his first victory at this track last year. He had been successful on British soil at Donington Park in previous years, having secured three modern era premier class wins in 2002, 2004 and 2005, and two 500cc victories in 2000 and 2001.
After a difficult last race, that saw Lorenzo having to come into the pits due to tyre problems, the reigning champion is set on making a strong comeback this weekend at a circuit where the odds are in his favor: he holds the record for the rider with the most MotoGP wins at Silverstone. Over the last six years Lorenzo has secured three premier class victories, in 2010, 2012 and 2013, and is eager add a fourth to his tally this weekend.
Ducati rider Andrea Dovizioso has been on the Silverstone podium three times, thanks to two second places obtained in 2010 and 2011 and a third place last year, which he achieved after a superb recovery in a race held on a wet track. Team-mate Andrea Iannone scored his best result at the British circuit with a fourth place in Moto2 in 2012, while last year he finished eighth on the factory Desmosedici GP15. Both Ducati riders come to the UK off the back of last Tuesday's one-day test at Misano in preparation for the San Marino and the Rimini Riviera GP, which will be held at the Romagna circuit in mid-September.


Crawfordsville, Ind. - DePauw opened North Coast Athletic Conference Indoor Track and Field Championships competition by scoring in a pair of events. The Tigers totaled eight points and are tied for seventh with Wittenberg. Oberlin leads with 80.5 points.
Riley Hickman was sixth in 13:13.02.
Saturday's final day of competition gets underway tomorrow morning.


text:
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redpajama_set_name: RedPajamaCommonCrawl


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This article originally appeared on the Climate and Clean Air Coalition website.
In 1998 Beijing declared war on air pollution. The challenge was to find ways to improve air quality in one of the largest and fastest growing cities in the developing world. 20 years on and it appears that Beijing is winning the battle. Air quality has improved substantially, and the lessons learned provide a roadmap for other cities tackling air pollution.
A new report by the United Nations Environment Programme (UN Environment) and the Beijing Municipal Ecology and Environment Bureau (BEE) outlines how Beijing's air quality management programme has evolved over the past quarter century and makes recommendations for near, medium, and long-term steps that Beijing can take to maintain its momentum toward clean air.
In 1998, air pollution in Beijing was dominated by coal-combustion and motor vehicles. Major pollutants exceeded national limits. Over the next 15 years Beijing implemented a series of measures focused on energy infrastructure optimization, coal-fired pollution control, and vehicle emission controls. By 2013 levels of air pollutants had fallen (see graph below) and some pollutants, like carbon monoxide and sulfur dioxides, met national standards.
In 2013 Beijing adopted more systematic and intensive measures for air pollution control. By the end of 2017 fine particulate pollution (PM2.5) fell by 35% and by 25% in the surrounding Beijing-Tianjin-Hebei region. Much of this reduction came from measures to control coal-fired boilers, provide cleaner domestic fuels, and industrial restructuring. Over this period annual emissions of sulfur dioxide (SO2), nitrogen oxides (NOx), particulate matter (PM10) and volatile organic compounds in Beijing decreased by 83%, 43%, 55% and 42% respectively.
The publication of the report was supported by the UN Environment hosted Climate and Clean Air Coalition.
A video highlighting Beijing's high density grid air quality monitoring was played at the launch of the report.
Banner photo by the Climate and Clean Air Coalition.


In the first installment of this two-part series ("White-Glove Treatment - Duramax Power and MPG Upgrade"), we performed an experiment using Hypertech's Max Energy 2.0 programmer on Chet Kokkeler's '15 GMC Sierra 2500HD Denali that pulls double-duty as both work truck and family transporter. With the programmer set on Stage 3, our test netted an additional 45 hp and 69 lb-ft of torque from the truck's otherwise-stock 6.6L Duramax engine. We also saw an 8.5 percent jump in cruising fuel economy (from 15.3 mpg to 16.6 mpg, at 70 mph on flat interstate) while driving in the highest stage.
But there are a number of pickup owners like Chet who want as much power and fuel economy as possible from their diesels, without compromising the truck's smog-legal status (for licensing, warranty, resale, or lease obligations). Deleting the diesel particulate filter is not an option, so we're now focusing our attention on helping the engine breathe better.
While the Hypertech Max Energy 2.0 programmer definitely brings more power to the towing table, we want to take advantage of one of its built-in features: tuning compatibility with an aftermarket cold-air intake system and a DPF-back exhaust. And we're doing this by adding an Advanced Flow Engineering (AFE) Stage 2 CAI and swapping the factory single exhaust pipe with a dual-tube setup from Diamond Eye Performance.
Hypertech's chief engineer and software programmer, John Lambert, says they spent a lot of time on the dyno making sure calibrations are compatible with several popular air intake kits, including those from AFE.
Chet Kokkeler's 6.6L Duramax LML-powered '15 GMC Sierra 2500HD Denali is a dual-role rig that serves as a work truck during the week and family hauler on the weekends.
Hypertech's Max Energy 2.0 programmer can be loaded with tunes already designed to work with AFE Power's cold-air intake systems, so receiving P0101 diagnostic trouble codes related to the changes in airflow past the MAF sensors is very unlikely.
Initially, one might think that installing a free-flowing air intake system airflow is a good thing. However, that's not necessarily the case. The big concern with using aftermarket CAIs on Duramax engines is that the factory mass airflow (MAF) sensors are extremely sensitive to the most minute changes in airflow.
Any change in the way air flows across the MAF sensors changes the engine's fuel delivery parameters, which can induce rough idling, loss of power, and other maladies. When there are vortices in the intake tube or other airflow fluctuations, the ECM will trigger a P0101 diagnostic trouble code and, in some cases, command the engine to run in "limp-home" mode, which, for a V-8, is typically on seven cylinders—or fewer.
This is especially true of the 6.6L Duramax LML. Even changing from GM's style air filter to one with higher flow characteristics can alter how the engine runs, as would changing the air tube or any other components that affect airflow past the MAF.
The same is true for the addition of an aftermarket DPF-back dual exhaust. Although there's very little restriction in a GM diesel truck's factory single-outlet tubing, upgrading to the 4-inch twin-pipe setup from Diamond Eye improves the overall flow of air.
The Diamond Eye Performance DPF-back dual-exhaust kit doesn't provide any noticeable power increase with the filter in place. But the dual black tips definitely make a statement in the looks department and produce a great sound, too.
"Installing an AFE Stage 2 cold-air kit on one of these new Sierras is one of the easiest jobs to handle," says Casey Castle, chief technician at Dunks Performance in Springfield, Oregon. "Everything is right out in the open, and the AFE air tube and filter housing are fairly easy to slide into place. The only modification for this effort is cutting off the front inlet on the new airbox in order to clear the truck's aftermarket HID headlights.
Swapping the factory filter-back exhaust with Diamond Eye's 16-gauge, aluminized dual exhaust (K4163A) is almost as easy, especially when the truck has a lift kit, which creates even more working space between the rear axlehousing and the body.
The new exhaust system comes in seven pieces and slips together without a lot of fuss or drama. The bends are smooth and the welded-on hangers are both sturdy and perfectly placed to slide right into the factory bracket grommets. The exhaust kit comes with new hangers for the driver side, which allows the new fork to hang like it was installed at the factory, clearing both the factory spare tire and the aftermarket helper air springs under the flashy work truck.
The cold-air intake setup we installed is AFE's all-new Diesel Elite Stage 2 SI, which the company says flows 44 percent more air than the stock GM airbox.
Dunks Performance technician Casey Castle removes the factory airbox lid and unplugs the connectors to the two mass airflow (MAF) sensors located on the air intake tube and box's cover.
With improved intake and exhaust airflow for our test GMC's Duramax, it was time to see how much of a difference the addition of the new parts made at the truck's rear wheels. So it's back to Garage 808 in Eugene, Oregon, where technician Tim Walton uses a Dynojet 424xLC1 chassis dyno to get to the bottom of performance gains…or losses.
Tim ran our ¾-ton GMC on the rollers, repeating tests in the same manner as he did in our first installment. He warmed the truck up then manually shifted the Allison automatic transmission into 5th gear to make the pulls, starting with the stock ECM calibration, and then using Hypertech's Max Energy 2.0 to reprogram the processor with new Stage 1, Stage 2, and Stage 3 tunes that are suited to the mods.
In this second round of dyno tests, we see that AFE's freer-flowing CAI (the dual exhaust is, for all intents and purposes, a cosmetic and aural upgrade) yields 24 additional horsepower and 27 lb-ft of torque over the engine's baseline performance with the stock ECM calibration. With the new Stage 1 tune and cold-air setup, power and torque are about the same (27 hp and 30 lb-ft, respectively) as they were with the tune and factory air intake equipment. The Stage 2/new-air combination produces a 27hp/40-lb-ft gain over the second-level calibration without the CAI and dual exhaust, and Hypertech's Stage 3 program with the new parts surprisingly brings the smallest power increase: only 11 hp and 26 lb-ft of torque at the rear wheels.
What the addition of these two upgrades shows us across the board is that the 6.6L Duramax LML definitely responds well to airflow improvements, and the Hypertech programs take full advantage of that by adding more fuel to the mixture, while still keeping EGT and other factors well within the engine's and vehicle's capabilities.
It's also interesting to note that with the Stage 2 "economy" tune, the modified engine actually makes less power than it does in stock trim, below 2,000 rpm.
We also noticed all the horsepower peaks occur at approximately 2,800 rpm, while the torque peaks range from 1,900 rpm (stock) to 2,100 rpm (Stages 1-3), holding strong to 2,800 rpm where the speed limiter cuts in as wheel speed nears 103 mph. Maximum boost in stock trim is around 26 psi, while boost pressures with the Hypertech tunes vary slightly between 27 psi (Stage 1) and 28 psi in Stage 3.
Tim Walton, Garage 808's dyno engineer and tuning expert, breezes through the four different tuning stages (Stock, Stage 1, Stage 2, and Stage 3). Uploading each tune requires turning the ignition key to the "On" or "Off" positions, per prompts that appear on the Hypertech Max Energy 2.0's screen.
The lower portion of the factory airbox pulls up and away from the base. It's held in place by rubber feet that are plugged into holes in the metal base.
Hypertech's programming also dials back the fuel at the lower "cruising" engine speeds. Our dyno data clearly shows that both the Stage 1 and Stage 2 tunes make less power than the Stock calibration does, between 1,600 rpm and 1,900 rpm.
The reduction of power in the lower rpm range translates to an 8.5 percent increase (roughly 1.4 mpg) in highway fuel economy, according to data compiled in our mileage runs (120 miles of cruising on flat interstate, at 70 mph).
Overall, this experiment with 50-state-legal, bolt-on upgrades shows us that GM left a little performance on the table with its 6.6L Duramax LML engine, and with the right combination of aftermarket parts, it's easy to bring that power to the front without compromising reliability or offending the smog police.
Casey swaps the drain plug from the stock box and installs it in the one-piece AFE unit.
For most applications, there's no need to modify the new CAI. Everything fits perfectly, unless the '15 GMC Sierra 2500HD (or Chevrolet Silverado 2500HD) has aftermarket HID headlight assemblies. The AFE box's auxiliary air opening must be trimmed to clear the deeper passenger-side headlight.
Casey buffs the airbox-opening's edge to ensure the plug cap fits properly. This step is only needed if the truck has aftermarket HID headlights.
Aligning the feet on the new box with the holes in the base of the factory piece takes a little maneuvering before they pop into place.
The AFE Pro Dry air filter should last the life of the truck when properly cleaned and maintained. It flows considerably more air than the GM filter it replaces.
According to Casey, aligning the air tube, filter, and the inlet at the back of the engine is the most difficult task of installation.
Once the tube is connected to filter and engine, Casey buttons everything up. AFE's clamps are high-quality, as are the rest of the components in the CAI kit.
There are two sensors in the Duramax air intake: one that measures humidity and the other a combination of airflow and air temperature. Both have to be reinstalled in the new air tube using the special screws that are supplied with the AFE kit.
This MAF sensor serves dual purposes: one is to measure airflow and the other to measure air temperature. The Max Energy 2.0 programmer contains tunes designed to work with the new air system and prevents the MAF sensors from triggering diagnostic trouble codes.
After the sensors are reinstalled in the new air tube, Casey plugs in the factory connectors to complete the installation. It takes less than an hour to make the CAI conversion.
This is Diamond Eye Performance's aluminized-steel, DPF-back dual-exhaust system for Duramax-powered '15-to-present Chevrolet and GMC Silverado and Sierra 2500HD Crew Cab pickups.
When removing the original exhaust, Casey uses a strap to keep it from clattering to the floor once it is cut away from the truck.
Removing the stock exhaust requires cutting the DPF's outlet pipe. Casey leaves 5 inches of the old pipe remaining on the particulate filter, so the new Diamond Eye exhaust pipe can be slid over it and clamped in place.
Once the pipe is cut at the DPF and the single exhaust is pried away from the rubber hanger grommets, the old pipe slides right out. Our truck's lift kit also makes installing the new exhaust easier.
The dual-exhaust system's single-to-double Y-connector fits nicely along the driveshaft and framerail.
The six pieces of the dual exhaust are clearly labeled, making it easy to fit them together. The kit comes with new driver-side exhaust hangers and brackets that bolt up to the framerail at the back of the hitch.
One trick Casey uses to ensure the exhaust pipes are even on both sides is using jackstands to prevent them from moving while the clamps are tightened.
The new exhaust fits the truck like the original system. It clears the factory spare tire, which is removed here only for photo purposes. The kit is available with either black or chrome exhaust tips.
The last stop on our intake-and-exhaust upgrade trip is on the Dynojet 424xLC1 chassis dyno at Garage 808. With Tim Walton manning the controls and the Hypertech Max Energy 2.0 set on Stage 3, the net performance gain is 56 hp and 95 lb-ft over the stock baseline.


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How to Remove 404 Error in WordPress, A 404 no longer discovered error can suggest a big hassle for an internet store and it's customers. sales and purchaser delight will drop. it is a lose-lose state of affairs in E-commerce. Now, because I understand you all are winners, we aren't going to lose out with this pesky 404 web page no longer found blunders.
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Don't miss out places are limited. Strongmama classes are a combination of strength, light cardio (no jumping exercises), core/pelvic floor work and flexibility. Adopting the total body approach, we will focus on correcting any muscular imbalances in the body while strengthening both body and soul. Bring your baby along for a fun bonding hour of strong mama fitness.
this class can be done with or without baby.
This class is suitable during all stages of pregnancy, for all women regardless of fitness levels or previous injuries. It can be adapted to your needs and to your level of health and fitness.
This class is split into 4 key areas.
15 minutes of dynamic full body warm up.
15 minutes of upper body work.
15 minutes of lower body work.
15 minutes of core, pelvic floor , stretch and breathing work.
Tuesday 10am This effective one-hour class with your buggy will also include fun partner and team work through functional cardio and strength building moves, using your body weight and resistance bands to give you a total body workout. Ending with a core and pelvic floor restore programme targeting those areas impacted by pregnancy. All levels of fitness are welcome and moves can be adapted to your level of fitness.
50 mins Friday 9.40am Strongmama classes are a combination of strength, light cardio (no jumping exercises), core/pelvic floor work and flexibility. Adopting the total body approach, we will focus on correcting any muscular imbalances in the body while strengthening both body and soul. Bring your baby along for a fun bonding hour of strong mama fitness.


text:
Sam Melillo, 1945-2020
It is with deep sadness that we announce the passing of our friend Sam Melillo on March 28, 2020, after a long battle with PSP, Progressive Supranuclear Palsy. Sam was our partner, mentor, leader, founder and so much more….
We will miss him greatly!
As many of you are well aware, Sam retired in 2011 after a long and storied career in the practice of Landscape Architecture. With an undergraduate degree from Rutgers and a Master's degree from U. Mass, Sam spent his early years at the firm of Zion and Breen Associates. It was during those years that Sam met Tom Bauer. In 1979 Sam and Tom "jumped ship" with the dream of establishing their firm. In Sam's backyard garage loft, that vision became a reality. That two-man start-up blossomed into one of the northeast's most respected, dynamic and successful firms which continues to grow and prosper today….
Sam's dedication to excellence in design and exceptional service to his clients became the hallmark of the office culture. Sam was loved by so many for so many reasons…. He was bright, practical, creative, sensible, knowledgeable and full of wisdom. Recognized for his public speaking abilities and presentation skills, Sam was the Go-To Guy for an endless array of clients. In 2008, Sam was elected to the Council of Fellows of the American Society of Landscape Architect in recognition of his design excellence and outstanding contributions to the profession, the culmination of his long and successful professional career. Over the many years of his practice, Sam mentored a long list of young landscape architects who have moved on to become leaders in the profession. Included in this group is his son, Joe, who carries on his father's legacy as a partner in the firm. Sam's influence will be deeply felt for many years to come.
Sam's lifelong passions centered around fishing, woodworking, traveling and spending time with family and friends. Most summer weekends found him on his boat, the Four-Pak, headed out to the wrecks off of the Jersey Shore or in later years trolling for Tuna in the Canyons on his sportfishing boat, FisHooks.
A celebration of life will be announced at a later date in his honor. A tribute fund in Sam's name may be found at CurePSP psp.org/melillo


text:
post-title Explore the centuries old tunnels under a Dublin pub.
Explore the centuries old tunnels under a Dublin pub.
Home / 2017 / Explore the centuries old tunnels under a Dublin pub.
Renovations have been ongoing in Molloys on Talbot Street, which is now under new ownership and management. During the renovations they started to explore the extensive underground tunnels that lie beneath the pub.
It's one of the 16 remaining Victorian era pubs of Dublin, in that it retains the design characteristics of the time. It does, however, predate that period.
Shoeless Foot Productions are a video production company that have been documenting the ongoing progress in Molloys. In one of their videos, they explore the nearly pitch dark tunnels that exist under the pub. That video is available at the bottom of this article.
The tunnels appear to extend beyond the grounds and foundation of the building that Molloys exists in. The cameraman and his guide explore the network using flashlights on smart phones.
A lot of the tunnels are in use as storage areas for the pub, including for kegs. But, there is a significant proportion of them that seem unused, and some lead to doorways that are closed, and probably have been for decades at least.
At the guide points out, part of the underground that they are standing on, was once the overground of Dublin and was exposed to the sun and the elements.
It's a remarkable look into the tunnels that are the subject of much rumour around the city. We've all heard the stories of tunnels running around Dame Street, and allegedly from Molesworth Street to the Dáil. There may well be several city centre pubs with access to underground tunnels. We had previously written about the alleged existence of a tunnel underneath Brogan's pub on Dame Street.
The descent begins at around the 50 second mark.
The pub itself is now open for business and looks fabulous. You can view the complete renovation on the Shoeless Foot Productions YouTube channel. Link.
johnlepo 24th April 2017
Articles, Blog, Lists


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I recently watched an excellent TED Talk by Julia Galef, that should be a "must read" for every HR professional who is tasked with the responsibility of conducting employee investigations. As explained below, applying the points made by Ms. Galef can improve your company's response to allegations of discrimination or workplace misconduct, as well as guard against the employee investigation later being attacked as a pretext for unlawful discrimination.
Ms. Galef's TED Talk is titled, "Why You Think You're Right Even if You're Wrong." The central premise is that there are two perspectives when it comes to investigating and processing information. Ms. Galef describes these views as that of a "soldier" and the other as a "scout" mentality.
The scout's job is not to attack or defend. The scout's job is to understand. The scout is the one going out, mapping the terrain, identifying potential obstacles … But above all, the scout wants to know what's really there, as accurately as possible … having good judgment, making accurate predictions, making good decisions, is mostly about which mindset you're in.
Is it important to have an attorney lead the investigation for purposes of maintaining attorney-client privilege and attorney work product?
Have appropriate steps been taken to preserve information relevant to the investigation? This is especially important for emails and other digital documents.
Answers to these questions will depend largely on the circumstances of the investigation. For example, conducting an internal investigation may be appropriate when it comes to investigating a garden-variety dispute between lower-level employees. In contrast, if the allegations involve potential criminal conduct or higher-level executives involved in discrimination or harassment, it may then be prudent to carry out an investigation using independent legal counsel. But what should be a constant in any company investigation is maintaining a "scout" mindset. That is to say, an impartial investigation with the goal of understanding the factual terrain giving rise to the investigation.
There are two reasons for taking the "scout" view when conducting employee investigations. First, of course, companies should want to make disciplinary decisions based on accurate information. But equally important is to guard against having the methodology of your investigation later attacked as biased or otherwise selectively looked at particular facts to the exclusion of others to cover up unlawful discrimination.
For more information about this article or conducting workplace investigations in compliance with federal or Michigan employment laws, contact Michigan attorney Jason Shinn. Mr. Shinn routinely works with companies when it comes to investigating allegations of workplace discrimination or employee misconduct.


Tom Homer believes he has a lot to learn before being considered as a potential fly-half for London Irish.
Exiles' highly rated young full-back is the top scorer in the Aviva Premiership this season with 232 points.
And director of rugby Brian Smith has hinted that the 22-year-old could be even more of a threat as the team's pivotal player.
Homer said: "I played No.10 a bit at school. It's a position I enjoy, but I'm not sure I've got the attributes to play there at the moment. I need to learn game management, and how to control the game a bit more.
Homer's younger brother Will is more accustomed to playing at half-back. He came on as a replacement for England Under-16s in their 31-20 win over Italy in Parma last Saturday and in their 39-34 win over Wales at Wellington College on Wednesday.


Most of the points discussed in our Submission on the earlier draft of this Act, which we gave to the Ministry of Planning and Finance on 1 March 2005, are still relevant and we hope you will look at them as well. Our description of the dangers of petroleum development, the experience of other countries in mismanaging petroleum revenue, and the need for binding rules controlling expenditure from the Petroleum Fund are especially important. Our earlier submissions on the Petroleum Fund Discussion Paper and the Petroleum Regime also discuss relevant issues.
We are gratified that some of our suggestions were incorporated in the current version of the Act, but many were not and are still critical to the future of the people of Timor-Leste.
This Act establishes a Petroleum Fund which seeks to meet with the constitutional requirement laid down in Article 139 in the Constitution of the Republic. Pursuant to this provision, petroleum resources shall be owned by the State, be used in a fair and equitable manner in accordance with national interests, and the income derived therefrom should lead to the establishment of mandatory financial reserves.
The Petroleum Fund shall contribute to a wise management of the petroleum resources for the benefit of both current and future generations. The Petroleum Fund shall be a tool that contributes to sound fiscal policy, where appropriate consideration and weight is given to the long-term interests of Timor-Leste's citizens.
The Act and its implementers need to go beyond the vague "for the benefit of both current and future generations." The Fund Act should specify goals involving transition to the post-petroleum era, human rights, building human and physical assets and capacity, moving towards renewable energy. It should also discourage use of Fund money for military expenditures, weapons, one-time projects, etc. Since the preamble of the Act will be the standard by which the Investment Advisory Board, Consultative Council and others judge whether the Fund is being properly managed, it needs to be explicit, detailed and carefully thought out. This applies to a number of articles below.
Efficient planning and proper execution of public sector budgets are key components of a sound management of the petroleum wealth. The Petroleum Fund is to be coherently integrated into the State Budget, and shall give a good representation of the development of public finances. The Petroleum Fund shall be prudently managed and shall operate in an open and transparent fashion, within the constitutional framework.
As discussed below and in our earlier submissions, the Act should include binding rules to improve the ability of Timor-Leste officials to properly plan and execute their budgets. In the absence of such rules, windfalls of petroleum revenue, magnified by short-term pressures, will almost inevitably lead to bad policy.
This Act lays down the key parameters for the operation and management of the Petroleum Fund. The Act governs the collection of and management of receipts associated with the petroleum wealth, regulates transfers to the State Budget, and provides for Government accountability and oversight of these activities.
This Act and the Fund should encourage planning for our nation's post-petroleum era. This would include long-term planning, development of non-petroleum sectors and energy sources, and investing in human and physical infrastructure.
This Act may be cited as the Petroleum Fund Act.
(ii) Exchange of Notes Constituting an Agreement between the Government of Timor-Leste and the Government of Australia, of 20 May 2002.
(t) "Treaty" means the Timor Sea Treaty between the Government of Timor-Leste and the Government of Australia signed on 20th May 2002, as amended, varied, modified or replaced from time to time.
2.2 All terms in the present Act that are defined in the Timor-Leste law on budget and financial management have the same meaning given to it in that law.
There should be a specific reference to that law.
This Act shall provide for the establishment and management of the Petroleum Fund, and the procedural rules relating thereto.
For the purposes of this present Act, in the event of any inconsistency between the provisions of the Act and the provisions in the law of Timor-Leste on budget and financial management, or between the provisions of the Act and the terms of a petroleum authorization, the provisions of the present Act shall prevail.
5.1 There is hereby established a fund known as the Petroleum Fund for Timor-Leste.
5.2 The Petroleum Fund shall have an earmarked receipts account, held by the Central Bank in compliance with Articles 14 and 15, into which the Petroleum Fund receipts set out in Article 6 are credited.
5.3 Transfers from the Petroleum Fund shall be made only in accordance with Articles 7 to 10.
5.4 The details concerning the account referred to in Article 5.2, and the State Budget account referred to in Article 7.1, shall be made public through the publication of the operational management agreement to which Article 11.3 refers.
The Act should forbid any petroleum-related payments, by any party, to places other than the Fund. There should be penalties for companies not complying with the Act, including for making payments outside of the Fund. This should be inserted either in this Article or as a new Article in Chapter VII – Penalties.
This should include all revenue from the sale of seismic or other data.
(e) any amount received by Timor-Leste relating, directly or indirectly, to petroleum resources not covered in paragraphs (a) to (d) above.
This should explicitly include money paid by Australia according to the March 2003 "Memorandum of Understanding Between the Government of the Democratic Republic of Timor-Leste and the Government Of Australia Relating to the Exploitation of the Sunrise and Troubadour Petroleum Fields in the Timor Sea" if the IUA comes into effect.
It should also include money to be paid by Australia in compensation for Timor-Leste forgoing downstream development rights or boundaries, as is envisioned in the proposed "creative solution" to the boundary dispute.
Also revenues and compensation to be recovered from Australia for revenue they already collected from illegal exploitation of Laminaria-Corallina and other fields, or from escrow accounts relating to such revenue. Also fines or interest collected on this – plus any damages awarded by a court in connection with these activities.
(b) any amount paid by the national oil company as dividend.
6.3. From the amount received in accordance with Article 6.1, the Central Bank shall be entitled to deduct, by direct debit of the Petroleum Fund account, any reasonable management expenses, as provided for in the operational management agreement referred to in Article 11.3.
Rules should set binding limits on the amount which can be withdrawn from the Fund in a given year. Otherwise, Parliament could decide to spend the entire Fund in a single year.
7.1 Subject to Article 6.3, the only debits permitted to the Petroleum Fund are electronic transfers made in accordance with this present article, as well as Articles 8 to 10, to the credit of a single State Budget account.
If debits not permitted by this article are made, penalties should be specified in Chapter VII.
7.2 The total amount transferred from the Petroleum Fund for a fiscal year shall not exceed the appropriation amount approved by Parliament for the fiscal year.
This should not be a ceiling, but a fixed amount like the rest of the budget. Unspent money can be carried over to the following year's budget, reducing the amount needed from the Fund for that year.
This Act should require a specific resolution by the Council of Ministers and the Parliament for each transfer from the Fund to the budget, as in Norway. The resolution should specify the amount of money, what it will be used for, its relation to current Fund income and its impact on future dividends.
All authorizations of transfers, actual transfers, budget resolutions and related reports should be promptly recorded in the Public Register. See proposed new article 32½ below.
7.3. Subject to Article 8 to 10, transfers from the Petroleum Fund by the Central Bank in the fiscal year, shall only take place after publication of the budget law, or any subsequent changes thereto, in the Jornal da República, confirming the appropriation amount approved by Parliament for that fiscal year.
All of these reports, unedited, should be made public at the same time they are given to Parliament.
The report needs to explain how these figures are calculated, not just the amount, and what assumptions were made.
The report should also specify the estimated sustainable income (ESI) for future years, based on the proposed amount of the transfer (if it is less than the sustainable income, future ESI will increase).
(c) from the independent auditor certifying the amount of the estimated sustainable income in paragraphs (a) and (b).
The auditor should certify the assumptions and models which the ESI is derived from, not only the amount.
This report should also indicate the impact of exceeding the ESI on the total amount which can be withdrawn from the Fund over time, not only on the reduction of the ESI. If Parliamentarians realize that an excess transfer of $10 this year will cost Timor-Leste $44 over the next 50 years, they might be more reluctant to do it.
(d) a detailed explanation of why it is in the long-term interests of Timor-Leste to transfer from the Petroleum Fund an amount in excess of the estimated sustainable income.
This explanation should include whether or not withdrawals larger than the ESI are anticipated for each of the next few years, and why.
There should be a prohibition on exceeding the ESI level for more than two consecutive years.
If required under the law of Timor-Leste, transfers from the Petroleum Fund are exceptionally permitted for purposes of refund of tax, in the event of overpayment of tax under paragraph (a) of Article 6.1. This amount represents a reduction of the Petroleum Fund receipts, and shall not be considered as part of the appropriation approved under Article 7.2.
Does this only apply to Supplemental Petroleum Tax? From our reading of the public consultation drafts of the Petroleum Tax Act and Model PSC, other tax overpayments are credited to the following year rather than refunded. This article should reference relevant articles of other acts.
Each tax refund should be timely and publicly reported as a negative receipt, including the date, amount, payee and reason for the transfer.
11.1 The Government is responsible for the overall management of the Petroleum Fund.
The February 2005 draft of this Act (8.1) also said: "In the exercise of any management functions and competences entrusted thereto, the Minister shall be accountable before the Prime Minister, and they both shall be accountable before the Council of Ministers and before Parliament".
This should be put back in, to give Parliament the authority it may need to exercise effective oversight.
11.2 The Minister shall not make any decisions in relation to the investment strategy or management of the Petroleum Fund without first seeking the advice of the Investment Advisory Board in accordance with Article 16.
11.3 The Minister shall enter into an agreement with the Central Bank for the operational management of the Petroleum Fund and the Central Bank shall be responsible for the operational management of the Petroleum Fund.
The agreement should be public and subject to approval by the Council of Ministers, the Board of Governors of the Central Bank and Parliament.
The Central Bank (BPA) Board of Governors must be legally constituted so that it can achieve a quorum, which it has not been up to now.
11.4 The Petroleum Fund shall be managed prudently in accordance with the principle of good governance for the benefit of current and future generations.
12.1 The Central Bank may propose to the Minister, either of its own motion or at the request of the Minister, the appointment of one or more external investment managers to be responsible for managing the investment of amounts in the Petroleum Fund.
The appointment of investment managers should be public.
If they are to be paid from the assets or revenues of the Petroleum Fund, that must be included in the public announcement, auditor's reports, and estimates of sustainable income.
In addition to the characteristics listed in (a-c), investment managers should have familiarity and experience with ethical investing, as well as long-term asset management. They must be free of conflicts of interest.
(c) the references and reputation of the external investment manager in the field of fund management are of the highest standard.
They should have an excellent record of integrity and be committed to following Timor-Leste's principle of the highest level of transparency, willing to forego any predilection they might have to keep information confidential.
12.3 The Central Bank shall be responsible for the tendering procedures required for any appointment made pursuant to Article 12.1, as well as for the contracting of any other professional services under the operational management agreement referred to in Article 11.3, and shall in doing so comply with the substantive provisions of Timor-Leste law.
12.4 The procedures for terminating a contract with an external investment manager shall be laid down in the operational management agreement referred to in Article 11.3.
12.5 The duty of the investment manager is to maximise the return on the Petroleum Fund investments having regard to appropriate risk as indicated by the investments permitted under Articles 14 and 15, any subsidiary legislation under this Act, any instructions by the Minister and the operational management agreement referred to in Article 11.3.
The investment and management of the Petroleum Fund should include ethical guidelines, as in Norway. Maximizing the rate of return is important, but it should not be done at the costs of violating human rights, financing unsustainable development, or profiting from war or occupation.
The Fund should be invested according to socially responsible principles that should be included in this Act, and the investment managers should act according to those principles as well. See proposed new article 15½.
All instructions by the Minister referred to in this article should be public.
13.1 The Central Bank shall present to the Minister quarterly reports on the performance and activities of the Petroleum Fund no later than twenty (20) days after the end of each quarter.
There should be specific requirements for the contents of such reports, including all income, expenditures, and investments made to, from and by the Fund during the reporting period, as well as other information. All management fees and commissions paid should also be reported.
13.2 The Central Bank shall provide for the publication of its reports no later than forty (40) days after the end of the quarter.
There is no need for a 20-day delay between when the report is presented to the Minister and when it is published. In many places in this law, there is a long time after a report is finished before it has to be released or published. Since this involves very little work, it should be reduced to 5 days or less everywhere it exists (see article 32.5 for another example).
13.3 The Central Bank shall ensure that in releasing, or allowing access to, such reports measures are taken to prevent the disclosure of confidential information.
"preventing disclosure of confidential information" which appears here and in many other places is still a problem, even though confidential information is better defined than in earlier drafts. See comments below on article 32.2.
14.1 Not less than ninety per cent (90%) of the amounts in the Petroleum Fund shall be invested only in qualifying instruments described in Article 15.
The Fund is protected against risky investment, but not against unsafe spending. This seems incomplete; it is like locking a window while leaving the door wide open.
(c) traded in a financial market of the highest regulatory standard.
14.3 The range of instruments included as qualifying instruments in Article 15.1 shall be reviewed by the Government, and approved by Parliament, at the end of the first five (5) years of the Petroleum Fund existence, having regard to the size of the Petroleum Fund and the level of institutional capacity.
This review should also include the 90%/10% allocation of instruments allowed under 14.2.
This review and consequent recommendations should be made public. If it results in changing the qualifying instruments listed in 15.1, an act of Parliament should be required to amend this Act.
(iv) a bank designated by Moody's rating agency with a long-term foreign currency rating of Aa3 or higher or designated by Standard & Poor's rating agency with a long-term foreign currency rating of AA– or higher.
15.2 The investment manager shall dispose of an instrument if it ceases to be a qualifying instrument because of a change in the rating of the instrument or the issuer of the instrument within one month of the instrument ceasing to be a qualifying instrument.
Any such disposal should be publicly announced and included in the Public Register.
15.3 The average interest rate duration of Petroleum Fund qualifying instruments under Article 15.1 shall be less than six (6) years.
Longer-term, less liquid investments should comprise the majority of the Fund's holdings. Not only does this encourage savings and planning for future generations, but it helps reduce brokers' and currency exchange fees, making it more profitable to invest in a wider range of securities, including those not in U.S. dollars.
(b) its acquisition reduces the financial exposure to the risks associated with the underlying instrument or instruments.
Similar to Norway's Ethical Guidelines, Timor-Leste's Petroleum Fund should incorporate rules governing investment which incorporate ethical guidelines and avoid Timor-Leste supporting activities against our national interest or beliefs.
These principles are the basis for ethical rules for investment of the Fund. The Fund should explicitly seek to prevent negative outcomes associated with petroleum producing countries. It should therefore include rules regarding environmental protection, sustainable development and energy independence.
The investment managers should be instructed to comply with these rules, and the "watchdog" mechanisms of the Consultative Council and others could verify compliance.
All the benchmarks, instructions, advice and recommendations from the Investment Advisory Board (IAB) (articles 16.1 and 16.2) should be made available to the Parliament, the Consultative Council and the public in a timely manner, preferably before the related decisions have been made.
If the IAB does not have unanimous agreement, majority and minority reports should both be published.
The documents should be released by the IAB directly; the Minister should not be responsible for publication (19.2) or be able to interfere with this process.
In addition to advising the Minister, the IAB should respond to inquiries from Parliament and the Consultative Council.
(d) advising the Minister on the need for changes in the overall investment strategy or management of the Petroleum Fund, including the making of recommendations as to such changes.
This advice should also include compliance with sustainability rules, intergenerational equity and ethical investment guidelines.
16.2 Subject to Article 18, the Minister shall seek the advice of the Investment Advisory Board before making a decision on any matter relating to the investment strategy or management of the Petroleum Fund.
As discussed above, "for the benefit of current and future generations" is an inadequate standard.
(c) the need to ensure that sufficient amounts are available when needed for transfers referred to in Article 7.
16.4 The Investment Advisory Board shall determine the rules of procedure under which it operates.
Transparency and accountability, and avoidance of conflicts of interest, are mandatory.
All appointees should be required to publicly declare their property and wealth prior to becoming members of the IAB.
The first two members of the Board have an inherent conflict of interest between providing objective advice and justifying their own actions as officials responsible for managing the Fund.
The appointments in (c) and (d) need to be people with no personal interest related to investment or other activities of the Fund. This Article should contain language or a reference to another statute prohibiting appointment of people with actual, apparent or potential conflicts of interest, involving either investment or petroleum development.
Experienced people like these can make mistakes. The IAB needs people with a broader perspective, including ethical investment, inter-generational equity and management of publicly owned assets.
(d) one other person appointed by the Minister.
The IAB should include at least two people appointed by someone other than the Minister, given that the Minister also directly or indirectly appoints all other members. This is essential to ensure independent, objective advice.
17.2 The Central Bank shall provide the secretariat for the Investment Advisory Board and any support required by the board to carry out its functions.
(b) appropriate remuneration for the members of the Investment Advisory Board appointed under paragraphs (c) and (d) Article 17.1.
18.1 The non-provision of advice by the Investment Advisory Board, within fifteen (15) days of the request, or within such longer time period as may be determined by the Minister having regard to the nature of the advice sought, shall not constitute an impediment for the Minister to make a decision.
Petroleum Fund assets are so important to the future of the people of Timor-Leste that they should never be invested or managed hastily. The exceptions from following or seeking IAB advice should be deleted, restoring the spirit of 16.2 which involves the IAB in all investment strategy and management decisions.
18.2 If, having regard to the nature and urgency of the decision to be taken, there is insufficient time to seek the advice of the Investment Advisory Board, in relation to a particular decision, the Minister shall make a decision without first seeking the advice of the Investment Advisory Board.
18.3 If the Minister makes a decision under Article 18.1 or 18.2, the Minister shall immediately report the making of the decision to the Investment Advisory Board.
If the Minister makes decisions without IAB advice, or disregarding IAB advice, he should provide a public explanation, including why the decision needed to be made on such short notice.
18.4 The Minister shall reexamine the decision having regard to any subsequent advice provided by the Investment Advisory Board.
Such reexamination should be publicly explained, whether or not it results in changes in the decision.
19.1 When required by Parliament, the Government shall without delay provide Parliament with all advices given thereto by the Investment Advisory Board.
Article 16 refers to advice to the Minister, but this discusses advice to the Government. It should cover all advice from the IAB, to any individual or agency.
All advice given by the IAB should be automatically given to Parliament, without waiting for a requirement. It should also be released to the public.
19.2 The Minister shall ensure that in releasing, or allowing access to, advices given thereto, measures are taken to prevent the disclosure of confidential information.
This will not involve "confidential information", so no censorship will be required. See comment on Article 32.2.
20.1 Any amount that is invested pursuant to Articles 14 and 15 shall, at all times, remain the property of Timor-Leste.
20.2 Any contract, agreement or arrangement, to the extent that it purports to encumber the assets of the Petroleum Fund, whether by way of guarantee, security, mortgage or any other form of encumbrance, is null and void.
To make this article more effective, Fund assets must also be prohibited from being used for payments for debt service. The automatic transfer from the Petroleum Fund to fill annual budget deficits ensures that any level of government expenditure will be covered by the Fund. As a result, the Fund becomes de facto collateral: if money is borrowed, debt payments are guaranteed by the Fund.
21.1 The Director of Treasury is responsible for maintaining the Petroleum Fund accounts and records in accordance with the International Accounting Standards in force, to reflect the operations and financial condition of the Petroleum Fund.
21.2 The Director of Treasury shall submit to the Minister quarterly management information reports and analyses on the performance and activities of the Petroleum Fund no later than twenty (20) days after the end of each quarter.
These reports should go promptly to Parliament and the public by inclusion in the Public Register (see proposed new Article 32½ below).
21.3 The Director of Treasury is responsible for reporting on the performance and activities of the Petroleum Fund for the purpose of the annual financial statements of Timor-Leste.
The accounts, records and other documents relating to the Petroleum Fund shall be audited every six months by the bodies responsible for internal audits of each of the entities involved.
Enumerate "each of the entities involved" – this is unclear new wording.
The audit reports should go promptly to Parliament and the public by inclusion in the Public Register (see proposed new Article 32½ below).
Once per year is not often enough for this information to be released; if corrective action is necessary, that could be too late.
23.1 The Government shall submit an Annual Report for the Petroleum Fund for a fiscal year to Parliament, at the same time as the annual financial statements of that year are submitted to Parliament.
23.2 The Annual Report referred to in Article 23.1 shall be published by Government within fifteen (15) days of its submission to Parliament.
Five days should be enough, as it is already written.
The Annual Report and other document should be published in Tetum, Portuguese, English and Indonesian so that it will be widely understood.
The information spelled out in this article is a minimum standard; the Annual Report should contain additional information which the Ministry, Central Bank, IAB or CC believes is helpful in increasing the public's awareness, participation and sense of ownership of the Fund.
In article 32½, we have listed reports and documents which should be included in a Public Register. Many of these, or at least summaries of them, should also be in the Annual Report. However, the Public Register will be more timely, enabling public participation in decisions before they are made, not just the ability to lock the barn door after the horse has escaped.
If the independent auditor is unwilling to certify the audit, or includes any qualifications, then the Annual Report should disclose the auditor's objections and what is being done to resolve them.
This should include the amount, date purchased and rate of return of each of the Fund's holdings, in a form similar to the Annual Report of the Norwegian Petroleum Fund.
Also details of all receipts into the Fund (see Article 6). Without this, Timor-Leste does not fulfill its commitment to the Extractive Industries Transparency Initiative.
Include projections of ESI for future years, as well as details of the underlying assumptions and data for its calculation (see comment on Schedule I).
Also the monetary compensation paid to each such person during the past year for their work involving the Petroleum Fund.
(vi) the members of the Petroleum Fund Consultative Council.
24.2 The sources of the information described in Article 24.1, whatever their form, and including all reports and statements, shall be annexed to the Annual Report in unedited form.
25.1 There is hereby established a Petroleum Fund Consultative Council.
The Petroleum Fund Consultative Council (CC) is described as a "watchdog," buts its powers are severely limited. A watchdog is not a guard dog. A watchdog serves only to sound an alarm – there needs to be a higher power which will respond to the alarm.
If the CC finds an unexplained discrepancy or believes the law is not being followed, it must, on its own initiative without the intervention of the Minister or Parliament, refer the matter and all relevant information in its possession to the Provedor or General Prosecutor.
The CC should be able to investigate and provide advice to Parliament or anyone else at any time, on its own initiative. It should also be empowered to obtain information or advice from any government agency, individual, expert or other person involved in Petroleum development or revenue management.
All such advice should be promptly made public.
(c) in the context of the budgetary process, advise Parliament on whether the appropriations of the Petroleum Fund are being used effectively to the benefit of current and future generations.
As discussed above, "the benefit of current and future generations" is an inadequate standard.
We suggest adding more members of civil society to include, representatives of popular organizations, people living outside Dili, members of minority political parties and youth. Since the purpose of the Fund is to provide for future generations and the inclusion of former officeholders will weight this council toward older people, special efforts are necessary to include young people.
(i) a member appointed to represent religious organisations.
27.1 The members of the Petroleum Fund Consultative Council referred to in paragraphs (a), (b) and (c) of Article 26 are appointed, in accordance with procedures laid down by Parliament, from the end of their term in office for a period of ten (10) years. These members are not eligible for reappointment.
27.2 The members of the Petroleum Fund Consultative Council referred to in paragraphs (d) and (e) of Article 26 are appointed, in accordance with procedures laid down by Parliament, from the end of their term in office for a period of five (5) years. These members are not eligible for reappointment.
27.3 The members of the Petroleum Fund Consultative Council referred to in paragraphs (f), (g), (h), and (i) of Article 26 are appointed for a period of four (4) years. These members are eligible for reappointment for a second term.
27.4 The members of the Petroleum Fund Consultative Council referred to in paragraphs (g), (h), and (i) of Article 26 shall be freely appointed by the concerned organisations, duly registered in accordance with Timor-Leste law, under procedures to be laid down by Parliament.
27.5 If no appointment can be made to the Petroleum Fund Consultative Council pursuant to paragraphs (a), (b) or (c) of Article 26, the President of the Republic, the President of Parliament, and the Prime Minister, respectively, shall appoint one member to fill such a vacancy.
There should be a prohibition on people with conflicts of interest serving on the CC. All appointees should have to declare their property and wealth before becoming members of the CC.
This is a new and confusing clause. Would it apply to a former Prime Minister or President of Parliament whose party decided to replace him? Or a former President who failed to win re-election?
(c) has been convicted of a criminal offence.
28.2 Members of the Petroleum Fund Consultative Council have security of tenure and, unless otherwise provided for by law, may not be suspended, retired or removed from office.
(c) is unfit for office.
Define "unfit for office." Who decides?
A CC member should be permitted to refuse appointment or to resign for personal reasons.
A conflict of interest should also be grounds for removing someone.
28.4 Until such time as specific procedures for the removal of a member under paragraph (c) of Article 28.3 are established under the general law, the procedures applicable for the removal of judges shall apply.
Subject to approval by Parliament, the Petroleum Fund Consultative Council may select and appoint as its international adviser for economic and financial matters, for a period of two (2) years, an academic or professional of the highest reputation and competence.
The CC should be able to have more than one international advisor, providing access to expertise and experience related to helping petroleum-dependent countries manage revenues to avoid negative long-term consequences. The CC should also be free to seek or accept advice from anyone it chooses. Any such advisor(s) should be publicly disclosed and free from conflict of interest.
Remove the two-year limitation; the advisor should serve at the pleasure of the CC.
(b) the principles for the operation of the Petroleum Fund as outlined in this present Act.
The CC should submit an opinion even if the proposed transfer is at or below the ESI. It is for the benefit of Timor-Leste to keep withdrawals from the Fund as low as possible, even below the ESI, if the money is not needed in a given year. The CC can evaluate whether it believes the entire ESI amount can be spent effectively in a given year.
the Petroleum Fund Consultative Council shall submit, in a timely manner, as decided by Parliament on a case by case basis, an advice to Parliament on the Government's proposed appropriation.
30.3 The non-provision of advice by the Petroleum Fund Consultative Council, within the time period decided by Parliament, shall not constitute an impediment for Parliament to make a decision.
The time period should be reasonable; otherwise Parliament can make the CC ineffective.
30.4 For purposes of advising Parliament, the Petroleum Fund Consultative Council shall consult widely in the community and, to this end, shall hold an annual forum on issues relating to the Petroleum Fund.
This specifies a minimum level of public consultation for the CC. The CC should be able to, on its own or at the request of a member of Parliament, hold additional fora or provide information to the public.
The CC's purpose in this is not only to advise Parliament, but to help ensure continuing public buy-in of the Fund, and to seek public views on how the Fund should be invested, managed and spent, as well as information about any possible mismanagement or corruption.
"For purposes of advising Parliament" should be deleted.
30.5 The Petroleum Fund Consultative Council shall determine the rules of procedure under which it will operate, and its decisions shall not be binding unless taken by majority, with a quorum of six (6) members.
Within principles of transparency, accountability, etc.
30.6 Parliament shall provide adequate funding for the operations of the Petroleum Fund Consultative Council, including appropriate remuneration for members of the Petroleum Fund Consultative Council, through the budgetary appropriation for the operation of Parliament.
Is there staff or a secretariat for the CC? How is it established?
31.1 Parliament shall provide for the publication of the advices of the Petroleum Fund Consultative Council, including minority opinions, within thirty (30) days of having been provided.
No need for such a long delay, since the advice is already complete when it is provided.
The CC should be able to publish its advice and findings directly, without intervention of Parliament, if it so chooses. It should also be empowered to communicate directly with the public, the media or any other person or organization.
Parliament should make public if it followed the CC's advice, and, if not, there should be a clear explanation of why.
31.2 Parliament shall ensure that in releasing, or allowing access to, advices of the Petroleum Fund Consultative Council, measures are taken to prevent the disclosure of confidential information.
The Parliament, not the CC, should be responsible to prevent disclosure of confidential information. It would be better if this confidential information roadblock was removed between the CC and the Parliament, so that the CC has full access to information and is able to provide the Parliament with everything it knows. Parliament could exercise censorship deemed necessary when it publishes information, as described in this section.
31.3 The Minister and/or the Head of the Central Bank shall furnish the Petroleum Fund Consultative Council with information it requests on any aspect of the operation or performance of the Petroleum Fund for the purpose of its monitoring of the Petroleum Fund.
The Council should have access to all information it deems necessary for its work from the Ministry of Finance, the Central Bank, investment manager, IAB, Petroleum Ministry, TSDA, National Oil Company and international petroleum companies.
If Fund managers fail in their duty of transparency, the Council should give information to the media and the public about Fund balances, inflows, expenditures, and interest.
31.4 In dealing with the information furnished under Article 31.3, the Petroleum Fund Consultative Council shall ensure that measures are taken to prevent the disclosure of confidential information.
Protection of confidentiality should be taken care of by Parliament (as in Article 31.2) for any information provided to Parliament. The CC only needs to protect confidentiality for information it directly shares with the public.
32.1 The management of the Petroleum Fund shall always be carried out, and the related duties of all relevant parties shall be discharged, with the highest standard of transparency.
Unlike the prior draft there is no presumption in favor of disclosure.
This article is so broad, vague and subjective that it undercuts any commitment to transparency, allowing the withholding of almost any information from the public. Few of the items below can be proven, and most are not valid reasons for withholding information from the public. The purpose of a transparency principle is for the citizens to be aware of information which government officials might find embarrassing or uncomfortable – otherwise there is no need for a transparency provision.
This could be applied to conceal different perspectives on analysis of the fund's management or the projection of sustainable income. If there is a debate on such issues within the government or the IAB, it is important for the Parliament and public to hear all sides.
This could be used to hide politically embarrassing information about Government incompetence or corruption.
may be declared as confidential. The declaration of confidentiality shall, taking into account the principle of transparency and the right of the public as regards to access to information, provide a clear reasoning on the motives for treating such information or data as confidential.
If any person believes that confidentiality has been inappropriately invoked, there should be a procedure for timely appeal and review of the decision.
32.3 Any information that is kept confidential at the time at which it could have been published, as well as the reasoning for having been treated as confidential, shall be made available to the public, upon request, when the reasons for confidentiality are no longer valid, and in any case after five (5) years from the date at which it could have been published.
The reasoning why something is kept confidential should be made public immediately, whether or not it is requested and whether or not the reasons are valid.
32.4 In the exercise of its functions and competences, and as provided for in this present Act, Parliament, the Government, the Minister, Central Bank, Investment Advisory Board and the Petroleum Fund Consultative Council shall take all necessary measures to ensure transparency mechanisms and free access to public information.
Add investment managers to this list.
32.5 The Minister shall ensure that this present Act, any subsidiary legislation made thereunder, any instructions relating to the Petroleum Fund, the operational management agreement referred to in Article 11.3 and the reports referred to in Articles 8 and 9 are readily available to the public within thirty (30) days of having been finalised.
There is no need for a 30-day delay between when a document is finished and when it is published. Since this involves very little work, it should be reduced to 5 days or less.
Many of these documents should be made public directly by their authors, without intervention by the Minister.
Because of the large number of public documents and information associated with the Petroleum Fund and the multiplicity of institutions which produce these materials, we suggest that a Public Register be established for information relating to the Petroleum Fund. Although some of this material is mandated to be included in the Annual Report, it would also be appropriate to have a Register which will be more timely and accessible.
Since the principal purpose of this Register is transparency, those managing it should be protected from political or personal pressure. The Public Register should not reside in the Finance Ministry or the Central Bank.
The proposed State Budget (Article 7.3) as soon as it is approved by the Council of Ministers.
Reports from the Government and auditor to Parliament regarding transfers (Articles 8 and 9), published at the same time they are given to Parliament. These reports should explain the underlying assumptions and calculations of the estimated sustainable income.
Information on any refunds of tax (Article 10).
The Agreement between the Minister and the Central Bank about Fund management (Article 11.3).
Quarterly reports from the Central Bank to the Minister (13), including all Fund receipts.
Information on the opening balance (Article 48.1) of the Fund, and how that revenue was received, from whom, and for what.
For all purposes of Timor-Leste law, an obligation to make a payment into the Petroleum Fund shall not be treated as discharged until the amounts have been deposited, integrally and unconditionally, into the Petroleum Fund earmarked receipts account.
34.1 Without prejudice to the jurisdiction of any court, there shall at all times be appointed an independent auditor, which shall be an internationally recognised accounting firm, selected and appointed by the Government.
The CC should be responsible for recommending the auditor. If the auditor is selected by the Government alone, it will not be independent. The appointment should also be approved by Parliament.
34.2 The selection and appointment of the independent auditor shall be made in accordance with the procurement procedures established under Timor-Leste law.
34.3 The independent auditor appointed under this present Act shall remain in function for the contracted period, unless the contract is terminated for serious misconduct or serious breach of contract, or if the independent auditor's conduct otherwise prejudices the performance of the Petroleum Fund.
35.1 The independent auditor shall prepare a report for the Minister of all payments made, or that should under this present Act have been made, as Petroleum Fund receipts for each fiscal year.
The audit report should also validate and explain the assumptions on which the sustainable income calculation is based. It should look at investments, not just income and expenditures.
In addition to each receipt, the auditor's report should include all transfers and debits from the Fund, including transfers to the State Budget, management and brokers expenses and commissions (6.3), tax refunds (10), legal fees, settlements, payments, etc.
A separate section of the report should detail costs related to the Petroleum Fund -- the auditor, IAB, CC, Central Bank management costs, etc.
35.2 The independent auditor may require any payer to provide any information, and to deliver proof of any facts which may be necessary for the full discharge and performance of the independent auditor's duties under this present Act.
This information from companies should also be available to the CC, Parliament and public, as envisioned by the Extractive Industries Transparency Initiative.
The companies should also be required to publish all payments, with no "commercial in confidence" exceptions..
The Petroleum Act and Production Sharing Contracts also need to specify that every payer must cooperate with requests for information from the auditor, CC, General Prosecutor and Provedor.
35.3 The independent auditor's report shall state the aggregate amounts of payments made as Petroleum Fund receipts for each payer for the fiscal year.
The report should not be aggregate amounts , but each individual receipt. Should also explain what the payment was for (FTP, tax, etc.), for what project, how much oil was produced, what costs were recovered, etc. All of this is required by the PSC, but should be reported by the auditor.
35.4 If the independent auditor concludes that there is a discrepancy between payments made and those which should have been made, and which cannot be explained, the independent auditor shall refer the matter to the Minister. In referring the matter to the Minister, the independent auditor shall provide all information that the independent auditor possesses regarding the discrepancy in question.
This standard for referring issues to the Minister is too high. It should be if the auditor believes there "may be" an unexplained discrepancy. It was better in the earlier draft (20.3).
The Petroleum Fund Consultative Council should be informed any time such a matter is referred to the Minister, and provided with any relevant information it requests. Any such referral should also be announced publicly within 30 days.
The CC, General Prosecutor and Provedor should each be allowed to request the auditor to provide information or perform an investigation. It should not only be triggered by a discrepancy between receipts and payments, but by any apparent irregularity, including management of investments and calculation of the estimated sustainable income from the Fund.
If the auditor has any suspicion that the Minister or his subordinates or superiors are involved in an irregularity or discrepancy, he should inform the Minister and Consultative Council, while referring the matter to the Provedor or the General Prosecutor. The Auditor should consult with the IAB, CC or any other relevant official in attempting to ascertain the causes of a discrepancy.
36.1 The Minister shall provide for the publication of the independent auditor's report, in particular through the Annual Report.
The auditor's report should be published in full (perhaps in the Public Register), within 15 days of when it is completed, without being dependent on actions by the Minister or waiting for the next Annual Report. It can also be included in the Annual Report.
36.2 The independent auditor shall ensure that in preparing the report measures are taken to prevent the disclosure of confidential information.
There should be no censorship of confidential information, especially given the overbroad and subjective definition in 32.2.
Minimum prison sentences unreasonably restrict judicial discretion.
The provisions included in this Chapter are without prejudice of criminal and civil liability under general law.
Whoever fails to comply with any obligation to publicise information, provided for in this present Act, or leads someone else to fail to comply with, or in any manner hinders or leads someone else to hinder the compliance with, such an obligation, shall be punished by imprisonment for a period up to two (2) years or fine of not less than fifty (50) days.
39.1 Whoever gives information that is materially false or misleading, or knowingly includes or permits to be included, in any report or document, information that is materially false or misleading, shall be punished by imprisonment for a period up to three (3) years or fine of no less than seventy five (75) days.
This Article is dangerous. Many of the calculations involved in the Petroleum Fund, including projecting returns and estimating the sustainable income, are based on assumptions about which reasonable people may differ. Criminal penalties for "misleading" information will discourage someone who might make different assumptions from the ones preferred by the Government. This would restricting public and internal debate, making it less likely that decisions will truly reflect Timor-Leste's needs. This article should be deleted.
39.2 An attempt is punishable.
40.1 Whoever, directly or indirectly, in any measure or by any means, hinders or leads someone else to hinder the exercise of powers by an auditor under this present Act, shall be punished by imprisonment for a period from three (3) months to four (4) years or fine of not less than one hundred (100) days.
This should specifically include providing false, misleading or incomplete information to the Auditor.
40.2 An attempt is punishable.
This should be automatic for all prosecutions and convictions, as court hearings are public under Article 131 of the Constitution of RDTL.
(c) Other injunctive relief as may be necessary taking into account the circumstances of the case in question.
42.1 Legal persons, corporations or any other legal entities, including those without juridical personality, are liable for contraventions provided for in this Part when committed by its organs or representatives in its name and in the collective interest.
42.2 The liability is excluded where the agent has acted against express orders or instructions properly issued.
42.3 The liability of the entities mentioned in Article 42.1 does not exclude the individual liability of the respective agents.
42.4 The entities mentioned in Article 42.1 are jointly and severally liable, as provided for in civil law, for the payment of any fines or compensations, or for the fulfillment of any obligations, derived from the facts or with incidence on matters covered by the scope of this Act.
43.1 In the case of legal persons, corporations or any other legal entities, including those without juridical personality, the daily rate for fines corresponds to an amount between one United States Dollars (USD $1.00) and two thousand United States Dollars (USD $2,000.00), as determined by the court, taking into account the economic and financial circumstances of the legal person, corporation or other legal entity.
Fines for corporations should be much higher. Corporations could make illegal profits of tens or hundreds of millions of dollars by concealing or misrepresenting information to the Government, and fines must be high enough to discourage such activities. This provides a maximum fine of $730,000 per year, which is less than one day's worth of production from the Laminaria-Corallina oil field, for example.
In the Alaska cases, for example, oil companies had to pay more than ten billion dollars.
43.2 If the fine is applied to an entity without juridical personality, its payment will be guaranteed by the entity's assets and, in the event of non-existence of such assets or under-capitalisation, jointly and severally, the assets of each of the partners or shareholders of the entity.
44.1 Any person, legal and natural, may lodge a complaint with the Ombudsman for Human Rights and Justice, on any matters covered by the scope of this present Act, in accordance with general law.
The Ombudsman should have access to all information available to any person or agency under this Act, with no exception for confidential information.
44.2 Any recommendations forwarded by the Ombudsman for Human Rights and Justice to the competent authorities, on any matters covered by the scope of this present Act, shall be treated as a matter of urgency.
General criminal law, both substantive and adjective, as well as the relevant administrative legislation, are applicable in a subsidiary manner, with the required adaptations, to the extent necessary to give effect to the provisions of this Chapter.
46.1 All appointments necessary for the effective functioning of the Investment Advisory Board shall be made within three (3) months of the entry into force of this present Act.
46.2 All appointments necessary for the effective functioning of the Petroleum Fund Consultative Council shall be made within six (6) months of the entry into force of this present Act.
The Government and the Minister may make regulations for the effective carrying out of the provisions of this present Act, including regulations of a transitional nature consequent upon the making of this present Act.
Need a public rule-making process, with a chance for Parliament to be informed. All regulations should be included in the Annual Report and the Public Register.
48.1 The opening balance of the Petroleum Fund is the total amount of the payments received by Timor-Leste, up to the commencement of the present Act, as First Tranche Petroleum, from the Joint Authority pursuant to the terms of the Exchange of Notes, or from the Designated Authority pursuant to the terms of the Treaty, increased by such amount, if any, as determined by the Government.
Plus any amounts listed in 6.1(a and e) additions above which have been received by the time the Fund becomes operational.
48.2 A report on the determination of the opening balance of the Petroleum Fund shall be provided with the first quarterly report presented under Article 13.
There should be an audited, public report on the opening balance of the Fund and its components, as provided for in Article 13, published at the commencement of the Fund's operation.
49.1 This present Act enters into force on the day following its publication in the Jornal da República.
49.2 This present Act applies to fiscal years commencing on or after 1 July 2005.
49.3 Until the implementation of the organizational structure under this present Act is fully completed, and in no case for a period of more than six (6) months starting from the date of entry into force of this present Act, only the provisions that do not require the intervention of the organic structure to be constituted shall apply.
I. Estimated sustainable income for a fiscal year is the maximum amount that can be appropriated from the Petroleum Fund in that fiscal year and leave sufficient resources in the Petroleum Fund for an amount of the equal real value to be appropriated in all later fiscal years as determined in accordance with the formula in paragraphs II and III below.
The validity and accuracy of the estimated sustainable income (ESI) projection is crucial to protecting the long-term interests of Timor-Leste. Yet this estimate is unavoidably derived from incomplete and subjective data, and attempts to anticipate financial and petroleum market developments for the indefinite future. It could be subject to political manipulation, depending on assumptions about production levels and oil prices.
Timor-Leste's population will grow rapidly over the next two generations. Even if the ESI is accurate and obeyed, the income from the Petroleum Fund for each Timor-Leste citizen each year will drop 71% by 2050.
Although the auditor certifies this estimate, it is unclear who calculates the estimate and determines the underlying assumptions which will define the input data.
r is the estimated average real rate of return, or real interest rate, on Petroleum Fund investments in the future and, for the purposes of these calculations, shall be 3.0%.
3.0% should not be used to estimate the real rate of return indefinitely. It could be used as a starting point (as the earlier draft said), but should be revised as experience is gained with fund management and performance, and to follow world economic trends, exchange rate changes and other factors.
n is the number of years until no further Petroleum Fund receipts are projected to be received.
Estimating for many fields over decades will be far less exact. Will the Government rely on petroleum companies for this information, in which case there will be no data for fields not yet under Production Sharing Contracts, or will an agency of the Timor-Leste government make this estimate, considering the nation's entire potential petroleum wealth?
The interest rate (i) should not be averaged over all years, but projected for each individual year.
IV. All assumptions upon which the calculations made pursuant to paragraphs II and III above are based shall be clearly identified and explained, and any changes made in these assumptions in subsequent calculations shall be clearly pointed out.
V. All assumptions made shall be prudent, reflect international best practice and be based upon internationally recognized standards.
VI. The amount determined in accordance with the formula in paragraphs II and III above shall be certified by the independent auditor.
1. Which petroleum fields and reserves are included, estimated extractable petroleum from each reserve, and at what Proved/Probable/Possible levels.
2. Statements of projected selling prices for oil and gas for each year.
3. Statement of when extraction from each field is to commence, and what the amount of production and expenditure for cost recovery will be for each year the field is in production.
4. Projections of when each field will recoup its investment, with consequent "profit oil" tax receipts.
5. For fields whose revenue is shared with Australia, including the JPDA and potentially unified Greater Sunrise, statements of what portion of revenues Timor-Leste will receive.
6. Anticipated settlement of maritime boundaries with Australia, including any payments from Australia to Timor-Leste as part of this settlement.
7. Projections for downstream revenues and incomes from a Timor-Leste National Oil Company.
8. Anticipated rates of return from Petroleum Fund investments.
9. Anticipated withdrawals above or below the ESI in the near future.
10. Anticipated rates of inflation.
The calculations, and all assumptions involved, should be made public at the same time the calculation is used by the government in estimating sustainable income for a given year. In that way, the Parliament and the public can evaluate this information before making a final decision how much to withdraw from the fund for that year.
The auditor should certify not only the amount (that is, that the arithmetic is correct), but also the assumptions.


This easy-to-follow video tutorial walks you through steps of converting old VHS tapes to DVD. Roxio Easy VHS to DVD is a combination of software and hardware that allows you to easily and quickly digitize old analog recordings. You simply attach the included hardware to a free USB 2.0 port on your computer, then capture from virtually any analog video or audio source. S-Video and composite-video inputs enable full-resolution DVD recording from VCRs, VCR/DVD combo players, and analog camcorders including Hi8 and V8 models. You can also transfer your old vinyl LPs and cassette tapes onto CDs or convert the songs to MP3 files to play back on portable players and cell phones.


text:
Llangynfwr Ch
Parish-level Unit
LLANGYNFWR
Chapelry
M. Richards, Welsh Administrative and Territorial Units (Cardiff: University of Wales Press, 1969), p. 130.
LLANGYNFWR Preferred English M. Richards, Welsh Administrative and Territorial Units (Cardiff: University of Wales Press, 1969), p. 130.
LLANBENCRAIG Alternate English M. Richards, Welsh Administrative and Territorial Units (Cardiff: University of Wales Press, 1969), p. 130.
GLAMORGAN Ancient County M. Richards, Welsh Administrative and Territorial Units (Cardiff: University of Wales Press, 1969), p. 130.
LLANRHIDIAN CP/AP Parish-level Unit M. Richards, Welsh Administrative and Territorial Units (Cardiff: University of Wales Press, 1969), p. 130.
GB Historical GIS / University of Portsmouth, Llangynfwr Ch through time | Census tables with data for the Parish-level Unit, A Vision of Britain through Time.


Although itching may be a sign of a lice infestation, most often individuals are asymptomatic. Keep in mind that although the only reliable sign of an infestation is the presence of a live louse or nymph (juvenile louse), the presence of nits may be a sign that there is or has been an active infestation.
Dandruff is a condition that causes dry flakes on the scalp. Lice are parasites. Head lice infestations are very contagious. Both head lice and dandruff have similar signs and symptoms: scalp itching and tiny white material on the hair shafts. Lice treatment involves the application of over-the-counter shampoos that contain permethin or pyrethrin followed by nit and louse removal with a fine-toothed comb. Dandruff treatment incorporates the use of anti-dandruff shampoo.
Pubic lice (crabs) are parasitic insects found in the genital area, and are primarily spread through sexual contact. Symptoms of crabs include itching and visible nits (lice eggs) and crawling lice. Treatment includes using lice-killing shampoo and washing bedding and clothing in hot water.