Anti-Corruption, Governance and Procurement

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Anti-Corruption, Governance and Procurement 13th Procurement, Integrity, Management and Openness (PRIMO) forum on Curbing corruption in public procurement May 23-25, 2017 Kiev, Ukraine Hiba Tahboub Manager Governance Global Practice 1

Procurement, Integrity, Management and Openness Forum 13 th edition of ECA SIP yearly procurement forum Two objectives 24 participating countries 10 international organizations 50 government officials 2

The costs and impact of corruption 3

4 Corruption State Functions Fiscal Market Regulation Monetary Policy Financial Sector Oversight Public Order & Enforcement Macro Financial Stability Banking crises External sector imbalances Inflation Fiscal unsustainability Financial Inclusion Public & Private Physical Capital Inefficient public investment Costly investment and production Distorted composition of projects Uncertainty Distorted asset prices Human Capital Insufficient spending on education/health Poverty and inequality Disincentives for skills acquisition Total Factor Productivity Insufficient investment in research and development Inefficiency Distorted capital allocation Sills mismatch Political Instability and Conflict Potential Inclusive Growth

The costs and impact of corruption the example of Nigeria Nigeria s tax revenues amount to 8% of GDP Problematic sector: Oil sector $9.8 billion in outstanding recoverable revenues from 1999 to 2008 Corruption in Nigeria could cost up to 37% of GDP by 2030 5

The costs and impact of corruption the example of the health sector Sector very vulnerable to corruption Complex sector, large number of actors, different sources of funding etc. Pharmaceutical/Medical equipment sectors particularly sensitive Corruption can have a tremendous impact in various ways 6%, of annual global health expenditure being lost to corruption and errors Distortion of the prices and the market, decreased quality of health, restriction of access to health etc. Various corruptive practices used Bribes, bid collusions, favoritism, kickbacks Example: Since 1991, the health industry has paid US$30 billion in criminal fines in the US for various corruptive practices. 6

Corruption, Good Governance, and Development Source: Transparency International Corruption Perceptions Index 2016 7

How corruption impacts governance? Governance Political dimension Economic dimension Institutional respect dimension Corruption 8

How does Governance contribute to the Bank s 9 goals? First, Assessing the underpinnings of governance malfunctions and enablers Second, design and implementation of public policies Understanding governance malfunctions: -exclusion -capture -collusion Effective policy design and implementation Poverty reduction Understanding governance enablers: -trust -legitimacy -cohesion Shared prosperity

WB supports government enhance transparency and reduce corruption 1.Building a sound legal framework, including procurement and anti-corruption policies 2.Strengthening institutions to deliver their mandates 3.Capacity building and engaging civil society 4.Operational requirement under WB operations 10

Corruption and Procurement A Negative impact Good procurement: Average 5% losses Source: OLAF study, https://ec.europa.eu/antifraud/sites/antifraud/files/d ocs/body/pwc_olaf_study_ en.pdf Corrupted/Grey procurement: Average 18% losses 11

Mechanisms to curb corruption Preventive measures Transparent and Accountable system Clear legal framework Professionalization Red flags Code of Conduct Protecting sensitive sectors 12

Mechanisms to curb corruption Punitive measures Administrative Sanctions Penal Sanctions Protection of whistleblowers Collaboration among countries 13

Mechanisms to curb corruption Close scrutiny by various actors National Audit Offices Anti-Corruption Agency Internal monitoring Citizens monitoring Civil Society Organizations 14

Governance continued to be a key theme WDR 2004 focused on the short and long routes of accountability for service delivery The Governance and Anti-corruption (GAC) Strategy looked at how Governance could address corruption inside and outside the Bank 15

Fraud and Corruption The World Bank experience Corruption definition introduced in 1996 Governance and Anti- corruption Strategy in 2007. Procurement Framework become effective on July 1, 2016. 16

Procurement in the World Bank Before 1998 WB Articles of Agreement (Art. III, Section 5 (b); and IDA V 1 (g) ) ICB gradually introduced, starting in 1951, as default method Alternative methods emerge during the 80s (NCB, Shopping) Ex-post review and model documents introduced during the same time CPAR also introduced in mid 80s, mandatory in 2002 (not currently) By FY05 all borrower have had at least one CPAR SBDs become mandatory in 1993 Progressively detailed Guidelines ( 61; 64; 77; 97; 99; 04; etc.) Wapenhans Report in 1992 identifies procurement as one of the core services that needs improvement 1997 strategic compact almost doubles number of procurement specialists Staff is progressively decentralized (in FY13, 225 staff in 68 COs) Plan is adopted in 98 to balance approach between fiduciary function and development objectives of procurement 1998-2000 Corruption definition introduced in 1996, as cause for misprocurement - AC emerged as key theme after cancer of development 96 JDW speech and subsequent establishment of INT Procurement Roundtable, and successors (Procurement JV, and Procurement Task Force, led by the WB, produce several good practice papers and MAPS, as a work stream under the Paris Declaration System) Unsuccessful Country Systems Pilot (FY09/10) key reasons are equivalency requirement and too complex PforR approved in October 2012, moves focus on performance and outcomes Procurement Companion Piece to GAC update in 2013 proposes a principle and performance-based approach, and fit-for-purpose as enabler for value for money 2001-2017 Between Paris, Accra, and Busan role of procurement evolves from aid effectiveness, to development effectiveness, to critical contribution to effective institutions More than 5,000 people and 100 countries visited over two years of consultations In February 2014, IAD Efficiency Review recommends sharper risk and strategic focus for prior reviews Phase I A proposed new Framework approved in 2013; the Procurement Framework in Approved in July 2015, and becomes effective on July 1, 2016. GGP-SIP Strategy; transformational engagements; MDTF in FY17 MAPS updated (aligned with modern approaches, consistent with Framework, and including modules on topics such as agency level assessment, sustainable procurement, professionalization, etc.) On to implementation and moving the frontier faster to help solve complex operational issues and link more strategically to the Bank s key objectives and agendas 17

Corruption and Procurement Affecting Different Steps Procurement Planning Procurement Preparation Advertisement Pre-qualification Bid Evaluation and Award Contract Implementation 18

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How does Governance contribute to the Bank s goals? First, Assessing the underpinnings of governance malfunctions and enablers Second, design and implementation of public policies Understanding governance malfunctions: -exclusion -capture -collusion Effective policy design and implementation Poverty reduction Understanding governance enablers: -trust -legitimacy -cohesion Shared prosperity 20

Systemic action and evaluation Monitor, evaluate and take an action Invest in institutions and get the right incentives Corruption is not only about bribes Identify the political and socio economic environment Sanction and punish corruption Cut the red tape Power of the people, data and technology 21

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Enforcement

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