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Jun 15, 2009

United Kingdom Anticorruption Forum

Publication: Leadership and Management in Engineering
Volume 9, Issue 3

Abstract

The United Kingdom (U.K.) Anticorruption Forum was formed in 2004 to create a business environment that is free from corruption, giving rise to fair competition. The Forum has published an Anticorruption Action Statement; holds quarterly meetings; and publishes a quarterly newsletter, which is circulated to numerous stakeholders worldwide and provides an update on the Forum’s activities and on significant U.K. and international corruption issues. The Forum has also published a number of discussion papers, holds conferences and workshops, meets regularly with government and other stakeholders, and has formed a number of working groups to develop and promote Forum policy in specific areas.
The United Kingdom (U.K.) Anticorruption Forum was formed in 2004. It is an alliance of business associations, professional institutions, civil society organizations, and companies with interests in the domestic and international infrastructure, construction, and engineering sectors. Members include the Association for Consultancy and Engineering, British Expertise, the Chartered Institute of Building, the Chartered Institute of Purchasing and Supply, the Institution of Civil Engineers, the Institution of Mechanical Engineers, the Institution of Structural Engineers, the Royal Institution of Chartered Surveyors, Engineers against Poverty, and Transparency International (U.K.). These organizations represent over 1,000 companies and 350,000 professionals. The Forum also has many large, medium, and small companies as members.
The Forum’s objective is to create a business environment that is free from corruption, giving rise to fair competition. The members of the Forum believe that corruption can only be eliminated if governments; banks; business and professional associations; and companies working in the infrastructure, construction, and engineering sectors cooperate in the development and implementation of effective anticorruption actions.
The Forum believes that:
corruption damages the developed and developing world, resulting in projects that are unnecessary, unreliable, dangerous, and overpriced (this can lead to loss of life, poverty, economic damage, and underdevelopment);
corruption damages business, resulting in reduced project opportunities, bidding uncertainty, wasted bidding expenses, increased project costs, economic damage, extortion, criminal prosecution, fines, debarment, and reputational risk; and
corruption damages individuals, resulting in reduced morale, extortion, criminal prosecution, fines, and imprisonment.
The Forum also believes that existing anticorruption mechanisms do not effectively prevent or detect corruption, and do not adequately support the many companies and individuals that wish to see a corruption-free environment. In particular, in countries where corruption is common, companies that do not wish to bribe to win work often lose work to companies that are willing to bribe. Also, failure to agree to demands for bribes from government officials and representatives of the project owner can result in the company being denied project awards, certificates, payments, permits, and access to information.
An increasing number of companies, both in the United Kingdom and internationally, have adopted anticorruption management systems to ensure as far as possible that the company and its staff do not participate in corruption, and that the company selects business partners that share these objectives. However, there is a limit to what a company can do if it operates in an environment that is primarily shaped by the relevant government, public sector procuring entities, and the financial institutions that provide funding. If the environment allows corruption (through a combination of inadequate preventive and punitive mechanisms), companies may be forced (1) to either to participate in or turn a blind eye to the corruption, or (2) to withdraw from the environment. The result is that ethical companies are increasingly being compelled to withdraw from countries or sectors in which they are unable to operate without corruption. This leads to a reduction in expertise in these countries and sectors, and leaves them open to less ethical organizations.

Achieving the Forum’s Objective

Since its foundation, the Forum has grown significantly in membership and has made considerable progress demonstrating that stakeholders can work together in an open and constructive manner to develop a coordinated approach to anticorruption issues, and to promote that approach with government.
In seeking to achieve its objectives, the Forum has published an Anticorruption Action Statement; holds quarterly meetings; and publishes a quarterly newsletter, which is circulated to numerous stakeholders worldwide and provides an update on the Forum’s activities and on significant U.K. and international corruption issues. In addition, the Forum has published a number of discussion papers and submissions, holds conferences and workshops, meets regularly with government and other stakeholders, and has formed a number of working groups to develop and promote Forum policy in specific areas. Some details of these activities are provided below.

Anticorruption Action Statement

In 2005, the Forum published its Anticorruption Action Statement, which calls on all those with interests in the infrastructure, construction, and engineering sectors to take effective and coordinated action to reduce corruption, on both a domestic and international basis, and on both the supply and demand sides. It identifies the various categories of participant in the sectors, including governments, project owners, banks, export credit agencies, companies providing the equipment and services for a project, business associations and professional institutions. It recommends preventive and enforcement actions which could be taken by those participants. Recommendations include increasing awareness of corruption and its consequences through publicity and training; improved international cooperation; the adoption and enforcement by organizations of anticorruption codes of conduct and management systems; fair, reasonable, objective, and transparent procurement and project management procedures; the introduction of effective anticorruption monitoring and reporting procedures on a project; and fair and effective prosecution and debarment procedures. The Action Statement can be found at: www.anticorruptionforum.org.uk/acf/news/publications/.

Forum Working Groups

The Forum has formed seven working groups.
Debarment Working Group. The Forum supports the principle of debarment of companies for corrupt activity, but believes that debarment mechanisms should be fair and reasonable, that they should take account of mitigating circumstances, and that one of their primary aims should be to encourage behavioral change by companies. Since late 2005, the Forum Debarment Working Group has been working with the U.K. government and the European Union (EU) Commission to try to ensure that the EU debarment procedures, which took effect in February 2006, are operated in a fair, proportionate, and uniform manner by all EU states, and take proper account of mitigating circumstances. As a result of the Forum’s intervention, the U.K. government has taken up this issue with the EU Commission and other EU states. It has been agreed that the government and the Forum will continue to cooperate on this issue. The Working Group has published a paper, “Fair and Efficient Debarment Procedures.”
Developing Countries Working Group. This group supports the creation of anticorruption forums in developing countries, similar to the U.K. Anticorruption Forum. Engineering associations in several developing countries have expressed an interest in working with the U.K. Forum. The group hosted two meetings in London in June 2007 with representatives from India, Vietnam, Tanzania, Ghana, and Zambia. Participants discussed various ideas for cooperation on anticorruption activities.
Overseas Support Working Group. This group works with the Foreign and Commonwealth Office (FCO) of the U.K. government to examine ways in which the FCO and U.K. embassies can provide greater support and advice to U.K. companies and individuals working overseas who may be faced with corruption issues. In particular, it examines ways in which the FCO and other government bodies can assist companies faced with corrupt competitors or extortion.
Transparency and Reporting Working Group. This group examines ways in which increased transparency and disclosure in the infrastructure sector by governments, project owners, funders, contractors, and consulting engineers can help prevent corruption. It also examines ways in which increased reporting of corruption can help prevention, paying particular attention to the methods and results of such reporting, and to confidentiality and safety concerns. The group participated in the consultation process with the U.K. government (Department for International Development) and the World Bank in relation to the development of the Construction Sector Transparency initiative (CoST). In its submissions in this consultation, the Forum highlighted the importance of ensuring that any transparency initiative should extend across all phases of a project. This group has published a discussion paper, “Transparency in Public Sector Construction Projects,” in which the Forum supports greater transparency in public sector construction projects in order to help reduce corruption, and recommends that governments should require the provision of such transparency. The paper identifies a number of issues that need consideration and it includes a schedule of suggested disclosures.
Multilateral Development Bank Working Group. This group examines ways in which improved Multilateral Development Bank (MBD) procedures may help reduce corruption. They look at ways in which MDBs may provide greater assistance to contractors and consulting engineers on MDB-funded projects, who are faced with extortion demands, or who have difficulty in receiving permits, certificates, and payments. The Forum and Transparency International have jointly completed and published a report, “Preventing Corruption on Construction Projects—Risk Assessment and Proposed Actions for Funders.” The report was commissioned by the U.K. Department for International Development, and looks at all aspects of project financing, including equity investment, MDB finance, bank finance, export credits, guarantees, sureties, bonds, and insurance. It examines to what extent the terms on which these are offered can be affected by corruption, and how the funders can be affected by underlying corruption in the project.
Professional Standards Working Group. This group examines ways in which improved training, professional standards, and professional institution disciplinary mechanisms may help reduce corruption. It believes that ethical conduct, including the prevention of corruption, should have equal ranking with health and safety in the requirements for professional status and in continuing professional development. To achieve this, the group opened a dialogue with professional bodies on the way they handle ethical conduct and the prevention of corruption. It has also published two discussion papers, “Corruption Prevention Should Have Equal Standing with Health and Safety” and “Preventing Corruption—Guidance for Professional Bodies.”
Law Reform Working Group. This group examines aspects of U.K. law relevant to corruption and recommends improvements. In November 2007, the U.K. Law Commission issued a consultation paper on reforming the anti-bribery laws. The Forum submitted a consultation paper entitled, “Comments by the U.K. Anticorruption Forum on the Law Commission’s ‘Reforming Bribery,’” which recommended various improvements to the Law Commission’s proposals.
The papers referred to above can be found on the Forum Web site at www.anticorruptionforum.org.uk/acf/news/publications/.

Working with the U.K. Government

In addition to meetings between the individual Forum working groups and relevant government departments, the Forum also holds periodic meetings with the Serious Fraud Office, Foreign and Commonwealth Office, Department for International Development, Department for Business Enterprise and Regulatory Reform, and the Office of Government Commerce to discuss corruption issues. The goals of these meetings are: (1) for the U.K. government to better understand the views of business on corruption issues; (2) for the Forum to better understand the actions being taken by the U.K. government; and (3) to agree how best to cooperate in the future with a view to identifying key anticorruption issues and actions. Matters discussed included revisions to U.K. bribery law, debarment, facilitation payments, corruption prevention in the provision of overseas aid, greater transparency, incentives for ethical behavior, and anticorruption support for business from overseas embassies.
The Forum also organized a meeting in 2007 between representatives of the Forum, the London Olympic Delivery Authority, and the Beijing 2008 Olympic Organizing Committee. The meeting focused on action necessary to prevent corruption in the construction of Olympic facilities.

Forum Conferences and Workshops

The Forum believes that it is important to bring together diverse stakeholders both nationally and internationally to discuss corruption issues. To this end, it has held numerous events.
1.
Anticorruption conference. In October 2007, the Forum held an anticorruption conference in London entitled “Preventing Corruption in Infrastructure.” The conference focused on practical aspects of corruption prevention, and included senior speakers from the U.K. and Tanzanian governments, contractors, consultants, professional institutions, the Beijing and London Olympics, the World Bank and EU Commission, and U.K. prosecution authorities. The conference was open to non-Forum members. It was attended by more than 120 participants from 10 countries. The conference was held under the Chatham House Rule, which allowed all participants to speak freely. Key points highlighted at the conference by some of the speakers and/or during the discussion sessions follow.
Successful anticorruption action requires courage, leadership, and example from the top.
Corruption prevention in the infrastructure sector will only be effective if all participants take action, including governments, project owners, funders, contractors, and consulting engineers.
Companies working in the international infrastructure sector are increasingly taking a firm stand against corruption. This often results in companies withdrawing from corrupt markets or sectors, leaving these markets and sectors potentially exposed to corrupt or less able companies.
The perception of many companies working in the infrastructure sector is that governments and funders are not taking sufficiently active steps to ensure that infrastructure funding is being properly spent.
Companies that have now introduced anticorruption policies may have problems in relation to projects awarded many years ago when corruption prevention was not regarded as an issue in the same way as it is now. There was discussion about the possibility of an amnesty for past acts, as long as a company could establish that it had now committed to anticorruption policies. It was suggested that only if companies could be free of the risk of prosecution and debarment for past activities could they openly and transparently deal with the issues of corruption going forward.
There have been some successes in corruption prevention on major infrastructure projects. Examples are the Beijing Olympic Games and the Chung Jun Expressway in China, where in both cases there was a significant anticorruption focus throughout the project cycle on fair competition, raising awareness, supervision, and reporting.
Business associations and professional institutions can play a major role in fighting corruption by encouraging change, raising awareness, and implementing disciplinary procedures.
The prevention of corruption should have equal standing with health and safety in the requirements for professional status, and in continuing professional development.
The U.K. prosecution authorities have increased their resources available to deal with allegations of overseas bribery and many cases are currently under investigation.
2.
Anticorruption workshop. In October 2008, the Forum held a one-day anticorruption workshop in London entitled “Corporate Anticorruption Actions.” It was attended by 80 participants from 10 countries. The workshop was divided into four consecutive sessions: (1) gifts, hospitality, and facilitation payments; (2) due diligence; (3) internal monitoring and whistle blowing; and (4) crisis management. Each session commenced with a panel discussion on the topic, led by senior and experienced industry representatives. The topic was then thrown open for discussion. The purpose of the workshop was to exchange ideas on how best to deal at the corporate level with some of the key challenges in this area. The workshop was held under the Chatham House Rule to enable free exchange of ideas and experiences.

The Way Forward

There is still a long way to go before corruption is eliminated. However, the Forum, in bringing together business associations, professional institutions, civil society organizations, companies, and government, and in publishing and promoting rational and effective anticorruption measures, has greatly contributed to the objective of creating a business environment that is free from corruption.

Biographies

Neill Stansbury is the co-coordinator of the U.K. Anticorruption Forum. He can be reached by e-mail at [email protected].

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Published In

Go to Leadership and Management in Engineering
Leadership and Management in Engineering
Volume 9Issue 3July 2009
Pages: 115 - 118

History

Received: Dec 1, 2008
Accepted: Mar 19, 2009
Published online: Jun 15, 2009
Published in print: Jul 2009

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