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Fighting Bribery in Public Procurement in Asia and the Pacific

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Fighting Bribery in Public Procurement in Asia and the Pacific ADB/OECD Anti-Corruption Initiative for Asia and the Pacific FIGHTING BRIBERY IN PUBLIC PROCUREMENT IN ASIA AND THE PACIFIC Proceedings of the 7th Regional Seminar on making international anti-corruption standards operational Held in Bali, Indonesia, 5–7 November 2007, and hosted by the Corruption Eradication Commission (KPK) Indonesia Asian Development Bank Organisation for Economic Co-operation and Development Publications of the ADB/OECD Anti-Corruption Initiative for Asia and the Pacific – Supporting the Fight against Corruption in Asia and the Pacific: ADB/OECD Anti-Corruption Initiative Annual Report 2007. Paris, ADB/OECD, 2008. – Mutual Legal Assistance, Extradition and Recovery of Proceeds of Corruption in Asia and the Pacific: Frameworks and Practices in 27 Asian and Pacific Jurisdictions, Paris: ADB/OECD, 2008. – Managing Conflict of Interest: Frameworks, Tools, and Instruments for Preventing, Detecting, and Managing Conflict of Interest. Manila: ADB/OECD, 2008. – Curbing Corruption in Public Procurement in Asia and the Pacific: Progress and Challenges in 25 Countries, Manila: ADB/OECD, 2006. – Denying Safe Haven to the Corrupt and The Proceeds of Corruption: Enhancing Asia-Pacific Cooperation on Mutual Legal Assistance, Extradition, and Return of the Proceeds of Corruption: Proceedings of the 4th Master Training Seminar held in Kuala Lumpur, Malaysia, March 2006. Manila: ADB/OECD, 2006. – Knowledge-Commitment-Action against Corruption in Asia and the Pacific: Proceedings of the 5th Regional Anti-Corruption Conference held in Beijing, People’s Republic of China, in September 2005. Manila: ADB/OECD, 2006. – Anti-Corruption Policies in Asia and the Pacific: Progress in Legal and Institutional Reform in 25 Countries. Manila: ADB/OECD, 2006. – Anti-Corruption Action Plan for Asia and the Pacific with country endorsing statements. Manila: ADB/OECD (2002; reprinted 2005). – Curbing Corruption in Tsunami Relief Operations. Manila: ADB/OECD/TI, 2005 (available in English, Bahasa, Sinhala, and Tamil languages). – Controlling Corruption in Asia and the Pacific: Proceedings of the 4th Regional Anti-Corruption Conference held in Kuala Lumpur, Malaysia, in December 2003. Manila: ADB/OECD, 2005. – Anti-Corruption Policies in Asia and the Pacific: The Legal and Institutional Frameworks. Manila: ADB/OECD, 2004. – Effective Prosecution of Corruption. Manila: ADB/OECD, 2003. – Taking Action against Corruption in Asia and the Pacific: Proceedings of the 3rd Regional Anti-Corruption Conference held in Tokyo, Japan, in 2001. Manila: ADB/OECD, 2002. – Progress in the Fight against Corruption in Asia and the Pacific: Proceedings of the 2nd Regional Anti-Corruption Conference held in Seoul, Korea, in 2000. Manila: ADB/OECD, 2001. – Combating Corruption in Asia and the Pacific: Proceedings of the Manila workshop held in 1999. Manila: ADB/OECD, 2000. These documents are available for download from the Initiative’s Web site at http://www.oecd.org/corruption/asiapacific/publications 2008 Organisation for Economic Co-operation and Development, Asian Development Bank All rights reserved ISBN 978-92-64-04694-8 This publication was prepared by the Secretariat of the ADB/OECD Anti-Corruption Initiative for Asia and the Pacific, composed of Asian Development Bank (ADB) and Organisation for Economic Co-operation and Development (OECD) staff. The findings, interpretations, and conclusions expressed in it do not necessarily represent the views of ADB or those of its member governments or of the OECD or its member countries. ADB and OECD do not guarantee the accuracy of the data included in this publication and accept no responsibility whatsoever for any consequences of their use. The term “country” does not imply any judgment by the ADB or the OECD as to the legal or other status of any territorial entity. ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Table of contents Foreword .................................................................................................................. 7 Acknowledgments and editorial remarks......................................................... 9 Abbreviations and acronyms ............................................................................ 11 Executive summary ............................................................................................. 15 Keynote addresses .............................................................................................. 19 Welcome remarks by Lawrence Greenwood ........................................... 21 Welcome remarks by H. Paskah Suzetta .................................................... 27 Concluding remarks by Taufiequrachman Ruki ........................................ 31 Chapter 1 Bribery risks in public procurement and challenges for reform .......................................................................................... 33 Progress and challenges in Asia and the Pacific in addressing bribery risks in public procurement (Joachim Pohl) .................................. 35 Challenges and risk areas for corruption in public procurement (Joel Turkewitz) ................................................................................................. 39 Fighting bribery in public procurement: The work of the OECD Working Group on Bribery (Nicola Ehlermann).......................................... 45 The OECD Checklist: A systemic approach for enhancing integrity in public procurement (Elodie Beth) ............................................ 57 Progress and challenges in procurement reform in Indonesia (Agus Rahardjo)............................................................................................... 71 The reform of P.R. China’s government procurement system (Shimin Han) ..................................................................................................... 75 Chapter 2 Specialized procurement authorities’ role in defining procurement policies and overseeing implementation ......... 79 The role of the Central Procurement Technical Unit of Bangladesh (Sk A K Motahar Hossain) ........................................................ 81 The role of the Philippine Government Procurement Policy Board in the fight against corruption (Ruby Alvarez) .......................................... 87 ADB/OECD Anti-Corruption Initiative for Asia and the Pacific 4 Fighting bribery in public procurement in Asia and the Pacific What makes a good procurement oversight body?—Lessons from recent experience (Peter Pease) ...................................................... 95 Chapter 3 The potential of new technologies to prevent bribery in procurement: e-announcements, e-bidding and e-procurement...................................................................... 111 The impact of e-procurement on corruption: The potential of e- procurement for curbing corruption risks (Paul Schapper) ................... 113 E-procurement impact on corruption: E-GP Scenario/Model in Indonesia (Miroslav Alilovic) ........................................................................ 129 Indian government tender system and e-procurement in the Indian Railways (V. Ramachandran) ........................................................ 137 Chapter 4 Preventing bribery through criminal law: international standards and national examples of bribery offences ......... 143 Deterring companies from bribing to win government contracts: Corporate criminal responsibility in Australia (Lauren Thomas) ............ 145 International anti-bribery standards in public procurement in Indonesia (Hendarman Supandji) .............................................................. 151 Bribery patterns in Indonesia: An analysis of cases (Amien Sunaryadi) ........................................................................................ 157 The False Claims Act as a new tool against corruption: The False Claims Act in the USA (Neal Roberts) ........................................................ 171 Chapter 5 Role and responsibility of suppliers in preventing bribery in public procurement ................................................... 181 The role of suppliers in preventing bribery in procurement in Indonesia (Soy M. Pardede) ........................................................................ 183 Corruption risk management by companies and the role of civil society: The experience of the Integrity Pact (Michael Wiehen)......... 187 Bribery concerns for international businesses (Cliff Rees) ...................... 191 Chapter 6 The role of civil society in curbing corruption in public procurement ................................................................. 195 Enabling civil society to participate in monitoring and safeguarding public procurement: The experience of the Partnership for Transparency Fund (Michael Wiehen) ........................... 197 ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Table of contents 5 The role of civil society in monitoring public procurement: The Indonesian experience (Rizal Malik) .......................................................... 201 Holding governments accountable: Procurement for reconstruction after the earthquake in Pakistan (Akhtar Ahsan) ........ 207 Chapter 7 Support from international and regional partners in improving procurement frameworks to prevent bribery ...... 215 ADB assistance for strengthening procurement frameworks (Jean-Marie Lacombe) ................................................................................ 217 Assessing public procurement frameworks:
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