52.1 The Parties hereby agree that this Agreement and all documents required to be submitted in accordance with this Agreement by any past and present Parties, including the Feasibility Study, Project Map, Business Plans, Environmental and Social Impact Assessments, Environmental and Social Management Plan, Community Development Agreement, Contract Farming Agreements, and all reports required to be submitted under this Agreement, (the Ancillary Documents), are public documents.

52.2 The Authority shall publish online and [in the Official Gazette]/[insert other place of publication] this Agreement and all Ancillary Documents, immediately after the Signature Date or the submission of the document as the case may be, and after any substantial variation to the Agreement, subject to the redaction of Confidential Information.

52.3 The Authority may at any time publish a summary, translation, or plain language explanatory document incorporating the terms of this Agreement and the Ancillary Documents.

52.4 For the purposes of this Agreement, Confidential Information means:

(a) information that, if disclosed, would or would be likely to prejudice the commercial interests of any Party;

(b) trade secrets, commercially sensitive intellectual property rights and know-how of any Party, including all sensitive personal data; and

(c) information that, if disclosed, would impede law enforcement activities.

52.5 Where the Parties cannot agree as to the redaction of Confidential Information for the purposes of publication in accordance with this Section, the Parties shall refer the matter to an Independent Expert for final determination in accordance with Section 61.

52.6 The Authority shall promptly publish, or otherwise make publicly available, any policies, administrative guidelines, procedures, laws, regulations, international agreements, and fiscal information of the Government of the Host State, that may affect the Company in its implementation of the Project and its obligations under this Agreement.

52.7 The Grantor [and Authority] shall promptly disclose to the Company any relevant developments or changes regarding the Project Area, including but not limited to any change in title, environmental findings, conflict, or planned infrastructure projects that may affect the Project.

For more information: See generally IISD, 2014, Sections 12 (Disclosure) and 16.1 (Transparency and Public Information); OHCHR, 2015, Principle 10 (Transparency/Disclosure of Contract Terms); Cotula, 2016, Section 5.3 (Transparency and Public Scrutiny); ISLP & CCSI, 2016, Section 2.18 (Confidentiality and Publicity); Szoke-Burke et al., 2018, Section 23 (Confidentiality, Entire Agreement Clause, and Signatures); UNIDROIT & IFAD 2021; Chapter 4.V.B.2 (Reporting and Transparency); Aizawa & Mann, 2021, Section 5.2 (Transparency of Contracts); Southern African Development Community (SADC) Model Bilateral Investment Treaty Template, 2012, Article 24 (Transparency of Investment Information).