On May 16-17, 2019, in Lima, Peru, the Commercial Law Development Program (CLDP) led a two-day workshop on Sustainable Regulation of Uranium Mining for approximately 35 officials from the Government of Peru. The purpose of this workshop was to advise the Government of Peru on the legal and regulatory framework it will need for the commercial mining of uranium.  

This workshop was a follow up to CLDP’s two analyses of Peru’s proposed regulations, the first of which advised on the regulatory framework and the second on Peru’s draft regulation for mining (i.e. extracting) uranium ore.  The workshop thus reviewed CLDP’s observations and recommendations made in those two analyses, provided an overview of the U.S. experience in regulating the lifecycle of uranium development, and identified lessons and practices that could be applicable to Peru. CLDP brought two experts who provided the bulk of the sessions for the workshop: Jon Indall, a lawyer at Maldegen Templeman & Indall L.L.P.; and Roger Haskins, a retired official from the Bureau of Land Management (BLM), and a last-minute replacement for Adam Merrill, an official at BLM who had analyzed Peru’s documentation for CLDP’s two analyses and had prepared this workshop’s slides. 

The officials from Peru were from a number of regulatory bodies, although the two key regulatory bodies present were the Ministry of Energy and Mines (MINEM) and the Peruvian Institute of Nuclear Energy (IPEN).

CLDP looks forward to building on this workshop by hosting a second meeting in July, 2019 to explore topics such as public participation and environmental impact assessments in mining.

On May 13-14, 2019, CLDP & ITA conducted a workshop on ‘Best Practices: Regulatory Impact Analysis (RIA),” for 25 government representatives from El Salvador’s Regulatory Improvement Agency (OMR) in San Salvador, El Salvador.

In December of 2018, the Salvadoran Regulatory Improvement Law was passed, thereby formalizing OMR as the oversight body for El Salvador’s public consultation processes effective April 9, 2019. To support OMR as it assumes the role of coordinating and overseeing El Salvador’s notice and comment procedures, Commerce organized a workshop that set forth best practices on conducting effective regulatory impact analyses. 

Currently there does not exist a legal framework for regulatory impact analysis in El Salvador. Moreover, Salvadoran ministries struggle to coordinate with one another, further hindering interagency coordination and stakeholder engagement required to perform transparent analysis of the anticipated consequences of economically significant regulatory actions. Recognizing the importance ofinstitutionalizing best practices and encouraging efficiency in the Salvadoran regulatory review process, CLDP & ITA led a two-day workshop that showcased best practices for performing regulatory impact analyses.

The workshop showcased how U.S. agencies approach regulatory impact analyses from the initial assessment that quantifies and monetizes the anticipated costs and benefits of a proposed regulation, to identifying alternative regulatory actions. To achieve this, CLDP & ITA called upon interagency experts to share best practices in implementing a whole-of-government approach for improved governance and transparency in the regulatory process. The experts provided an overview of the legal framework for regulatory impact analysis in the U.S. and illustrated howeffective coordination within and among agencies is essential to achieving regulatory coherence. Moreover, the experts shared practical tools that OMR can implement across the government to increase private sector input in the regulatory process. To conclude, the experts led the participants in interactive case studies that simulated minor proposed changes to sweeping regulatory revisions.

As a result of this workshop, OMR increased its understanding of efficiency in the regulatory review process within an international trading scheme. This workshop is part of a multiphase effort to promote transparency, cooperation, and coordination for the Salvadoran government and to improve interregional trade in Central America.