Professor John Heilbrunn The Colorado School of Mines Golden, CO USA Thanks and ackowledgements to Ms Pascale Dubois, The

Similar documents
The World Bank Group Sanctions System. Addressing Fraud and Corruption Through a Two-Tiered Administrative Process

Sanctions Board Decision No. 70 (Sanctions Case No. 206) GEF Trust Fund Grant No. TF ET Ethiopia

IBRD/IDA/IFC/MIGA Policy

Bank Procedure. Bank Procedure: Sanctions Proceedings and Settlements in Bank Financed Projects. Bank Access to Information Policy Designation Public

WORLD BANK SANCTIONS PROCEDURES

Sanctions Board Decision No. 75 (Sanctions Case No. 260) IDA Grant No. H668-SL Sierra Leone

SANCTIONS PROCEDURES OF THE AFRICAN DEVELOPMENT BANK GROUP

PROMOTION OF POLICY GOALS AT MULTILATERAL DEVELOPMENT BANKS

Sanctions Board Decision No. 49 (Sanctions Case No. 130) IBRD Loan No PE Peru

MIGA SANCTIONS PROCEDURES ARTICLE I

OFFICE OF ANTICORRUPTION AND INTEGRITY ANTICORRUPTION SEMINAR FOR CONSULTANTS, CONTRACTORS, AND SUPPLIERS

JOURNAL OF PUBLIC PROCUREMENT, VOLUME 14, ISSUE 1, SPRING 2014

Sanctions Board Decision No. 68 (Sanctions Case No. 194) IBRD Loan No IND Indonesia

Controlling Corruption in International Business: The International Legal Framework

Sanctions Board Decision No. 72 (Sanctions Case No. 211) ITF Grant No. TF ITF Grant No. TF Republic ofjraq

AfDB. 11 th Annual World Bank Group European PSLO Retreat January 21-23, 2013 IFI PROCUREMENT RULES AND POLICIES. Brussels

~ HSANEi-lOt~lS BOARD

CRS Report for Congress

Sanctions Board Decision No. 104 (San.ctions Case No. 426) IDA Credit No BD Bangladesh

Civil Society Statement for the Global Forum on Asset Recovery

Felicity Hammond 1. LL.M Candidate, Harvard Law School. LIDS Working Papers Harvard Law and International Development Society

THE ASIA PACIFIC NTI-CORRUPTION INITIATIVE

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

Indicator : Proportion of members and voting rights of developing countries in international organizations

ATTACHMENT A. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES (applicable if an MBE goal is set)

AHSANc:8T10t~lS BOARD

Sanctions Board Decision No. 84

Version 20 November 2014 FAO SANCTIONS PROCEDURES

Recommendation of the Council for Development Co-operation Actors on Managing the Risk of Corruption

INTRODUCTION TO AFDB POLICIES REGARDING INTEGRITY AND ANTI- CORRUPTION

APPENDIX A INITIAL TECHNICAL PROPOSAL FORMS. 3. Acknowledgement of Receipt of Addenda Form

Sanctions Board Decision No. 47 (Sanctions Case No. 121) IDA Credit No IN IDA Credit No IN India

ASIAN DEVELOPMENT BANK

CARIBBEAN DEVELOPMENT BANK PROCEDURES FOR DEALING WITH FRAUD AND CORRUPTION IN CDB-FINANCED PROJECTS

Sanctions Board Decision No. 112 (Sanctions Case No. 454) IDA Credit No UZ Uzbekistan

BERMUDA BERMUDA BAR AMENDMENT ACT : 53

Anti-Corruption, Governance and Procurement

Combating Corruption In the New Millennium Anti-Corruption Action Plan for Asia and the Pacific

STRATEGIC PLAN

2. In accordance with Section 8.02(a) of the Sanctions Procedures, the written record for the Sanctions Board's consideration included the following:

I assent. AN ACT TO AMEND THE INTERNATIONAL FINANCIAL ORGANISATIONS ACT 1971

People v. Evanson. 08PDJ082. August 4, Attorney Regulation. Following a default sanctions hearing pursuant to C.R.C.P (b), the Presiding

Conference of the States Parties to the United Nations Convention against Corruption

Medical Council. Corporate Governance Framework. November 2014

DISCIPLINARY POLICY AND PROCEDURE

Anti-Corruption Policies in Asia and the Pacific Self-Assessment Report Malaysia

THE CHANGES TO THE WORLD BANK S PROCUREMENT POLICY AND THE IMPLICATIONS FOR AFRICAN BORROWERS. Sope Williams-Elegbe (2014) 1 APPLJ 22

Legal Alert? December 2013? Cyber Security, Risks and Crimes In this Issue:- 1. Legal Alert? December 2013? Cyber Security, Risks and Crimes 2.

ANTI-CORRUPTION ACTION PLAN PREAMBLE 2

Matt Gehring, Legislative Analyst, Patrick McCormack, Legislative Analyst, Updated: November Legislative Ethics

THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT

Advance Fee Fraud and other Fraud Related Offences Act 2006

ANTI- CORRUPTION POLICY

Managing the Fight Against Corruption Through Partnership Agreement Among Government Agencies & With Civil Society: The Philippine Experience

International Financial Institution Governance: The Role of Shareholders

Syllabus item: 176 Weight: 3

BANKING ACT OF KOREA

UNMIK REGULATION NO. 2004/2 ON THE DETERRENCE OF MONEY LAUNDERING AND RELATED CRIMINAL OFFENCES

Reviving Trade Finance for Corporation and SMEs. Presenter: Dr. David S. Hong President of TIER

- March - April - Resolved: The United States ought to provide a universal basic income.

Dimitri Thériault 1. March 2018

Regional Anti-Corruption Action Plan for Armenia, Azerbaijan, Georgia, the Kyrgyz Republic, the Russian Federation, Tajikistan and Ukraine.

BYLAWS OF GUYER HIGH SCHOOL ATHLETIC BOOSTER CLUB, INC. A NONPROFIT CORPORATION

JICS GUIDELINES FOR THE PROCUREMENT OF CONSULTANT SERVICES

ICPAK SCORECARD ON PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT January 2016

7 Articles of Association

Agreement Establishing the Black Sea Trade and Development Bank

THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006 (XII OF 2006)

Judicial Integrity Initiative Launch: Judicial Systems and Corruption 9 December 2015: London, UK

Presentation to the. Mexico City. Phillip Herr. April 18, 2012

DISTRICT OF COLUMBIA COURT OF APPEALS BOARD ON PROFESSIONAL RESPONSIBILITY : : : : : : : : : :

KEYNOTE SPEECHES Keynote speeches.p /16/01, 10:33 AM

Sanctions Board Decision No. 71 (Sanctions Case No. 216) IBRD Loan No UA Ukraine

THE CONSTITUTION THE PREAMBLE

Sanctions Board Decision No. 88 (Sanctions Case No. 372) IDA Credit No SE IDA Credit No SE Senegal

SUSPENSIONANDDEBARMENT 10-Year Update on Case Data & Metrics

IDA13. The IDA Deputies: An Historical Perspective

RULES OF THE FINANCIAL INTERMEDIARIES ASSOCIATION OF SOUTHERN AFRICA NPC

The Yale Journal of International Law Online. Global Administrative Law and the Legitimacy of Sanctions Regimes in International Law

OBJECTS AND REASONS. Arrangement of Sections PART I. Preliminary PART II. Licensing Requirements for International Service Providers

Trust Fund Grant Agreement. (Second Palestinian NGO Project) between

Integrity Declaration Form. Instructions for Submitting an Integrity Declaration Form

By-laws. Of The. Korean Institute of Certified Public Accountants. Chapter 1 General Provisions

NEW PARTNERSHIP FOR AFRICAN RED CROSS AND RED CRESCENT SOCIETIES (NEPARC) CONSTITUTION RATIFIED SUBJECT TO INCLUDED AMENDMENTS

1. ARTICLE 1. THE OFFENCE OF BRIBERY OF FOREIGN PUBLIC OFFICIALS

MODEL CONSTITUTION OF A REGIONAL CHAPTER. The Preamble

AAA Dispute Resolution Board Guide Specifications Effective December 1, 2000

Multilateral Investment Guarantee Agency By-Laws

VIENNA CONVENTION ON THE LAW OF TREATIES

Working Group on Bribery: 2014 Data on Enforcement of the Anti-Bribery Convention

Please contact the UOB Call Centre at (toll free if calls are made from within Singapore) if you need any assistance.

1. Words underlined with a solid line ( ) indicate the insertions in the existing rules.

COLORADO HIGH SCHOOL GIRLS' GYMNASTICS JUDGES ASSOCIATION CONSTITUTION & BY-LAWS

CITY OF SAN DIEGO. Proposition F. (This proposition will appear on the ballot in the following form.)

Organizational, management and control model

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

NO. 01-B-1642 IN RE: CHARLES R. ROWE ATTORNEY DISCIPLINARY PROCEEDINGS

QUESTIONNAIRE FOR MEMBER STATES: BUSINESS AND HUMAN RIGHTS

Austria s Anti-corruption Laws and the International Standards in the Fight Against Corruption

The spectre of corruption

Transcription:

Professor John Heilbrunn jheilbru@mines.edu The Colorado School of Mines Golden, CO 80401 USA Thanks and ackowledgements to Ms Pascale Dubois, The World Bank s sanctions officer

What is the World Bank? International Financial Organization with 188 members established in 1944 began operations in 1946 Largest Multilateral Development Bank (MDB) Other MDBs include the Asian Development Bank (ADB), the African Development Bank (AfDB), the European Bank for Reconstruction and Development (EBRD), and the Inter-American Development Bank (IADB) Financial and technical assistance to developing countries IBRD: Middle-Income Countries Low-interest loans, guarantees, advisory services IDA: Poorest Countries Interest-free grants with nominal service charge $57.3 billion committed by the World Bank in FY 2011, distributed in credits, loans, grants, and guarantees 2

Articles of Agreement No political considerations Before 1997, corruption was never discussed SECTION 10. Political Activity Prohibited The Bank and its officers shall not interfere in the political affairs of any member; nor shall they be influenced in their decisions by the political character of the member or members concerned. Only economic considerations shall be relevant to their decisions, and these considerations shall be weighed impartially in order to achieve the purposes stated in Article I

The Articles of Agreement Section 10 show that Lord John Maynard Keynes and Assistant Secretary of the Treasury Harry Dexter White acknowledged the complexity of establishing an international organization that engages in government to government lending An unanticipated and unintended consequence was that the World Bank would make loans to dictators who used the financial support to prop up some of the most brutal authoritarian regimes in the world These autocrats would divert funds for political purposes, funds their friends and children, and flaunt their disdain for World Bank program objectives

Do the Articles forbid any work to improve governance Governance refers to political leaders management of the economy In April 1991, Chief Counsel Ibrahim Shihata presented a paper to the Bank s Board of Executive Directors that outlined his interpretation of the Articles of Agreement and their relevance to questions of governance Thereafter, the World Bank made incremental progress of including governance in its lending decisions Embedded in these considerations is a right to debar firms and individuals who defraud, steal, or cheat the World Bank

A changing world End of Cold War, donor fatigue, and increasing attention to development effectiveness James Wolfensohn, the then President of the World Bank, delivered his corruption as a cancer on development speech in 1996 OECD anti-bribery convention 1996 to ban bribery in international business transactions Board paper 1997 slow start

Post 1997 reforms The Procurement and Consultant Guidelines were revised to include a new section on corruption In 1998, the Loan Administration Change Initiative (LACI) that placed greater responsibility on borrower governments to manage disbursements and provide further oversight Sanctions and debarment contentious issues Hot line for autonomous reports Slow start resistance and acceptance with the World Bank (Volker Report 2007)

The costs of corruption Governments borrow funds from the World Bank, an organization owned and managed by sovereign governments Borrowers agree to ensure the loans are used for purposes intended Corruption has been linked to organized crime (money laundering) and terrorist organizations According to the Bank s Sanctions Officer, Ms Pascale Dubois, dishonest individuals and forms pay over $1 trillion in bribes Since the world economy is just over $30 trillion, these bribes equal 3% of the world s economy Corruption has been estimated to be a 20% tax on foreign investment 8

The Sanctions Process INT Investigates allegations of corruption Prepares a Statement of Accusations and Evidence Submits Statement to the Evaluations and Suspension Officer

The Sanctions Process the Evaluations and Suspension Office Reviews the Statement of Accusations Notifies the accused firm or individual Suspends the finance Makes a recommendation (the accused firm or individual may contest the charges)

The Sanctions Process the Sanctions Board Receives the Evaluation and Suspension Officer s recommendation Reviews the evidence May choose to hold hearings Imposes a sanction (may or may not follow the recommendation) Decisions are final and not subject to appeal

Sanctions Board structure Four external members appointed by Executive Directors and three Bank staff appointed by the President, all serving renewable 3-year terms Sanctions Board Chair is external; serves only one term as Chair Independent Secretariat Convenes 2-4 times/year for hearings and deliberations Reviews case de novo based on pleadings, hearings, and publishes the identity of each sanctioned party, the sanctions imposed, and the full text of its decisions 12

If allegations of corruption are substantiated INT issues a report and transmits to management in the World Bank Misprocurement leads to cancellation of contracts A report is sent to the client government Government launched investigations and reprimands officials A public report edited and transmitted to donors A notice of sanctions proceedings Sent by World Bank EO and forwarded to Sanctions Board

Sanctions debarment Indefinite or fixed-term debarment (without conditions) Debarment with Conditional Release Conditional Non-Debarment Public Letter of Reprimand Restitution The default or baseline sanction is Debarment with Conditional Release.

What happens? First, a firm or individual may appeal within 90 days Second, if no appeal, or the appeal fails, debarment On December 7, 2010, Robert B. Zoellick stated: cheat or steal from one of us, and you will be punished by all. In the past decade, multilateral development banks have jointly debarred more than 1,100 fraudulent and corrupt entities.

Impact of Cross-Debarment The company or firm is excluded from participating in MDB financed projects The World Bank Group finances over $50 bn a year (2011) The ADB - $695m (2011) The AfDB - $8.81 bn (2011) The EBRD co-financed with bilaterals $14.58 bn (2011) The IADB - $12.136 (2010) Regardless of the exact amount a firm or individual engaged in theft, the debarment denies a considerable opportunities

Problems and difficulties why do we care? Events in 2001 showed a link between corrupt proceeds and terrorism Dishonest individuals organize and dissolve shell companies when accused of corruption Change names or shift ownership to family members or clansmen Organized crime involvement in corruption