Globalizing the Fight Against Corruption: How the MDBs are doing it. The 15 8 November, 2012 Brasilia, Brazil

Transcription

1 Globalizing the Fight Against Corruption: How the MDBs are doing it The 15 TH International Anti- Corruption Conference 8 November, 2012 Brasilia, Brazil

2 Overview General update on implementation of cross debarment Unified Cross Debarment Website and Prevention Efforts Sanctioning Guidelines Treatment of Corporate Groups EIB s Integrity Framework Working with National Authorities & the WB's Integrity App

3 Update on Cross Debarment Implementation Maristella Aldana Inter-American Development Bank

4 Update on Cross Debarment Implementation Agreement for Mutual Enforcement of Debarment Decisions signed on April 9, 2010; now effective for all Participating Institutions. AfDB fulfilled requirements for implementation of Agreement on July 5, 2012 Adoption of harmonized definitions iti of Prohibited Practices Adoption of Principles and Guidelines for Investigations Separate investigative and decision-making authorities Written and publicly l available procedures Standard of Preponderance of evidence Range of sanctions that considers principle of proportionality More than 150 entities and individuals have been cross-debarred. None of the Participating Institutions has used the escape clause Recognition of debarment by other institutions and agencies?

5 Unified Cross Debarment Website and Prevention Efforts Clare Wee Asian Development Bank

6 Unified Cross Debarment Website www crossdebarment org Reporting information Links Debarment lists

7 Prevention Efforts Trainings / Publications Project Procurement Related Reviews MONGOLIA BANGLADESH PHILIPPINES SRI LANKA CAMBODIA

8 Harmonized Sanctioning Guidelines Anna Bossman African Development Bank

9 Sanctioning Guidelines Adopted by MDBs as principles and guidelines : September 10, Designed to ensure consistent treatment of individuals and firms. Describes Sanctions Process: administrative in nature. Recognizes separate Sanctioning Authority independent of Investigative Office. States who is sanctioned: Entities that engage in Prohibited Practices. Recognizes Principle of proportionality mitigating and Recognizes Principle of proportionality-mitigating and aggravating circumstances when applying sanctions.

10 Sanctioning Guidelines Recommends range of sanctions e.g. Debarment, Release, Permanent or indefinite debarment, Conditional debarment, Restitution, Letter of reprimand. Recommends Base sanction: three year debarment with conditions. Considers aggravating circumstances for debarment period e.g. severity, harm caused, obstruction, past sanctions history and violation of sanctions. Considers mitigating circumstances for debarment period e.g. minor role, voluntary corrective action, cooperation with investigations. Considers Sanction on a cumulative basis: for multiple conduct by entity.

11 Treatment of Corporate Groups Enery Quinones European Bank for Reconstruction and Development

12 Treatment of Corporate Groups Why focus on Corporate Groups: Circumvention of sanction? Attributing Liability within the Group: Who is responsible? Corporate Chain: Up/down -- Sideways Changes in Corporate Group acquisitions/mergers/reorganisations Different sanctions for different levels of culpability Sanctioned individuals hired as employees Example: Alstom and its subsidiaries i

13 EIB s Integrity Framework Duncan Smith European Investment Bank

14 EIB s Integrity Framework Updating of AFP and investigation procedures incl. for data protection, exclusion procedures, PIRs etc. Selection of Exclusion Committee members and implementation of Exclusion Procedures Adoption of IFI harmonised sanctions guidelines and treatment of corporate groups Revision of Guide to Procurement (updated Covenant of Integrity), work on the MRI initiative and updating of EIB's contractual terms and conditions ("learning the lessons") Continued awareness raising on fraud/corruption issues g / p inside and outside EIB (training etc.)

15 Working with National Authorities i & WB s Integrity App Stephen Zimmermann The World Bank

16 Working with National Authorities Building an International Corruption Hunters Alliance Working with Canadian authorities on the Padma Bridge investigation Working with the British and Dutch governments to investigate t corruption implicating a Dutch company and a former World Bank consultant The Norwegian National Authority convicted three former employees of Norconsult An Ethiopian court convicted a Procurement official based on information provided by the World Bank

17 The World Bank s Integrity App