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Corruption in the Extractive Value Chain: Typology of Risks, Mitigation Measures and Incentives

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Corruption in the Extractive Value Chain: Typology of Risks, Mitigation Measures and Incentives CORRUPTION IN THE EXTRACTIVE VALUE CHAIN: TYPOLOGY OF RISKS, MITIGATION MEASURES AND INCENTIVES This report is published under the responsibility of the Secretary-General of the OECD. The opinions expressed and the arguments employed herein do not necessarily reflect the official views of the OECD or the governments of its member countries. This document is without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. © OECD (2016) 2 FOREWORD Within the framework of its Strategy on Development, the OECD has hosted since 2013 a horizontal Initiative for Policy Dialogue on Natural Resource-based Development. This Initiative offers an inter- governmental platform for peer learning and knowledge sharing where OECD and non-OECD mineral, oil and gas producing countries, in consultation with extractive industries, civil society organisations and think tanks, craft innovative and collaborative solutions for natural resource governance and development. A Business Consultative Platform has been established to ensure continuous dialogue with the mining, oil and gas industry and foster mutual understanding around the implications and impact of policy options, with a view to working towards mutually beneficially solutions and outcomes. Led by the OECD Development Centre, this Initiative leverages the expertise of several OECD Directorates. Since the very beginning of the process, participants in the Policy Dialogue have regarded corruption as a major impediment to sustainable development for mineral, oil and gas producing countries. This toolkit provides for the first time a systematic mapping of corruption risks along the entire extractive value chain. Its objective is to raise awareness and improve understanding across policy makers, law enforcement officials and stakeholders about evolving corruption patterns to better inform evidence-based policy and decision making. The practical guidance on mitigation measures and mechanisms to put a price on corruption stems from new forms of collaboration across different constituencies to find ways to effectively prevent corruption in a highly exposed sector. Drawing upon many different streams of work of the OECD, the analysis and the resulting recommendations intend to shed light on different types of corruption risks and support coherent anti- corruption efforts, by covering a broad spectrum of inter-connected policy areas relevant to corruption in the extractive sector. Moving forward, this toolkit can be used as a standard diagnostic framework for demand-driven assessment and management of risk in resource-rich countries, covering both the demand and supply side of corruption. In particular, the OECD could play a role in carrying out demand-driven assessments at the request of interested governments. The typology is also a useful source for civil society organisations acting as corruption watchdog and a reference for self-assessments by extractive industries to identify heightened areas of risk and prioritise action. 3 ACKOWLEDGEMENTS The OECD Initiative for Policy Dialogue on Natural Resource-based Development is led by Lahra Liberti, Head of Unit, under the direction of Mario Pezzini, Director of the OECD Development Centre. This report was prepared by Lahra Liberti, with the assistance of Laure Brillaud at the OECD Development Centre and with support from a multi-stakeholder working group comprising: France, Guinea, Indonesia, Papua New Guinea, Peru, Philippines, Eni, Berne Declaration, Engineers Without Borders, Natural Resource Governance Institute, Oxfam France, Sherpa France, Transparency International, U4 Anti-Corruption Resource Centre. The working group held seven teleconferences between January and November 2015. The authors are grateful for insightful comments and inputs by Christine Uriarte and Kathleen Kao (OECD Directorate for Financial and Enterprise Affairs), Julio Bacio Terracino and Frédéric Boehm (OECD Directorate for Public Governance and Territorial Development), Dan Devlin and Juergen Leske (OECD Centre for Tax and Policy Administration), and Alessandra Fontana and Manuel Papouschek (OECD Development Co-operation Directorate). The team is grateful to the Development Centre’s Communications and Publications Unit, especially Delphine Grandrieux, Aida Buendía and Elizabeth Nash for assisting with the production of the report. The authors would like to express their deep appreciation to Mr Fuad Khoury Zarzar, Comptroller General, Republic of Peru and Mr Nicola Bonucci, OECD Director for Legal Affairs and Representative to the G20 Anticorruption Working Group, for leading the multi-stakeholder consultations held as part of the plenary meetings of the Policy Dialogue in 2015 and for providing guidance and continuous support for this work. 4 EXECUTIVE SUMMARY ....................................................................................................................... 10 OVERVIEW .............................................................................................................................................. 12 CHAPTER 1. CORRUPTION RISK FACTORS, MITIGATION MEASURES AND INCENTIVES OF CROSS-CUTTING RELEVANCE ALONG THE EXTRACTIVE VALUE CHAIN ............................. 15 Corruption risk factors of cross-cutting relevance along the extractive value chain ............................. 15 Gaps in the anti-corruption legal and judicial system ..................................................................... 16 Discretionary power and high politicisation of decision-making processes in the extractive value chain................................................................................................................................................ 16 Inadequate governance of the extractive sector .............................................................................. 16 Gaps and discrepancies in corporate due diligence procedures ...................................................... 17 Opacity on beneficial ownership .................................................................................................... 17 Risks and recommended mitigation measures of cross-cutting relevance along the extractive value chain ....................................................................................................................................................... 18 Risks and recommended incentives and disincentives along the extractive value chain ....................... 23 CHAPTER 2. CORRUPTION RISKS IN THE DECISION TO EXTRACT ........................................... 30 Corruption schemes ............................................................................................................................... 30 Parties involved ...................................................................................................................................... 30 Corruption risk factors ........................................................................................................................... 31 On the government’s side ................................................................................................................... 31 Insufficient resources and information to assess the country’s reserves ........................................ 31 Political discretion and poor governance ........................................................................................ 31 Specific risk factors associated with environmental and social impact assessments and land tenure .............................................................................................................................................. 32 On the company’s side ....................................................................................................................... 32 High-risk investments ..................................................................................................................... 32 Recommended mitigation measures ...................................................................................................... 32 CHAPTER 3. CORRUPTION RISKS IN THE AWARDING OF MINING, OIL AND GAS RIGHTS 37 Contract negotiation ............................................................................................................................... 37 Corruption schemes ............................................................................................................................ 38 Trading in influence, political capture and interference ................................................................. 38 Favouring companies in which public officials have an ownership stake ...................................... 39 Embezzlement and misappropriation of public funds .................................................................... 39 Parties involved .................................................................................................................................. 39 Vehicles and mechanisms .................................................................................................................. 40 Shell companies and fronting to comply with local content requirements ..................................... 40 Signature bonuses and intellectual services .................................................................................... 40 Corruption risk factors ......................................................................................................................
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