Skip to main content

API: New SEC transparency rule puts America at competitive disadvantage


Sabrina Fang | 202.682.8114 | fangs@api.org



Washington, June 27, 2016 – API Director of Tax and Accounting Policy Stephen Comstock said the U.S. Securities and Exchange Commission’s new rule to implement Section 1504 of the Dodd-Frank Act fails to strike the right balance between informing foreign citizens of government revenues and protecting the competitiveness of American companies. 

“There appears to be no meaningful difference between this rule and the previous rule struck down by the Courts, so our concerns remain the same. The SEC’s rule forces U.S. companies to disclose proprietary information to its competitors while foreign entities do not. This can give some large industry players an advantage on future business projects, and can fundamentally harm American jobs.

“The SEC ignored industry efforts to disclose information, but to do so in a way that doesn’t give competitors an unfair advantage. The industry actively supports the Extractive Industries Transparency Initiative which takes a global approach and already includes 51 countries that promote transparency and puts all companies on equal footing.  

“We need to take a closer look at the impact of the new rule on our operations and determine our next steps. The prior court case held that the SEC’s initial rule was arbitrary and capricious.” 

API is the only national trade association representing all facets of the oil and natural gas industry, which supports 9.8 million U.S. jobs and 8 percent of the U.S. economy. API’s more than 650 members include large integrated companies, as well as exploration and production, refining, marketing, pipeline, and marine businesses, and service and supply firms. They provide most of the nation’s energy and are backed by a growing grassroots movement of more than 30 million Americans.