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Integrity Pacts and Corporate Compliance Programmes: Contrary or Complementary? journal article

Emerging Evidence from a Pilot Project in the EU

Claire Martin

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 1, Page 16 - 29

Recent years have seen the flourishing of laws and regulations requiring or encouraging the adoption of corporate compliance programmes, generally under national legal regimes and increasingly, as a condition for participating in public procurement markets. Companies invest considerable effort in putting compliance programmes in place and ensuring that they are effective. Such companies often express scepticism as to the added benefit other anti-corruption efforts, such as Integrity Pacts, can bring. This paper seeks to explore whether, as argued, the Integrity Pact approach duplicates corporate compliance programmes, or, is complementary of them. Drawing on experiences emerging from a pilot project underway in eleven countries in the European Union, the paper concludes that Integrity Pacts can bring a range of benefits that complement compliance programmes and can help address common gaps including supporting in managing risks, delivering training and demonstrating appropriate tone from the top. On this basis it recommends that firms should take a broader view of Integrity Pacts when assessing whether to integrate them into their compliance efforts. Keywords: Civil society; Anti-corruption; ESIF.

Unsolicited Proposals for PPP Projects in Vietnam: Lessons from Australia and the Philippines journal article

Huong Van Nguyen Cameron

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 132 - 145

Public-private partnership (PPP) projects have been implemented in Vietnam to provide facilities in the context of the State budget deficit. These projects were officially proposed by Ministries and provinces and have improved infrastructure conditions. Apart from solicited projects, Vietnamese legislation permits unsolicited proposals; however, to date no such projects have been accepted in this manner. Regulations for unsolicited proposals demonstrate drawbacks and reason why unsolicited proposals have not been applied in practice. This article examines the current regulations for unsolicited proposals for PPP projects in Vietnam. It uses the regulatory regimes of Australia and the Philippines by way of comparison with that of Vietnam to find recommendations to strengthen the regulations in Vietnam. This article concludes that despite the legislation on unsolicited proposals are in force, there are regulations and processes to be improved to deliver more effective project implementation. Keywords: Unsolicited Proposals; PPP Projects; Vietnam; Australia; The Philippines; Anti-Corruption.

Reforms under the World Bank Procurement and the Policy Implications for Developing Countries journal article

Fred Borson

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 146 - 154

The World Bank is undergoing a major reform of its procurement policy which regulates the procurement of projects financed by the Bank. This reform represents a major shift from how the Bank used to operate, where it intends to move away from the current one-size-fits-all approach to a more fit-for-purpose approach. The Bank usually provides financial assistance for development projects and its procurement policies are significant for the general development community, especially those developing countries that rely on the Bank for financial assistance to implement major development projects. This paper examines the policy implications of the World Bank procurement reforms for developing countries, based on doctrinal and empirical research. It analyses the interaction between the World Bank regime and national systems, and highlights the implications for development policies in national systems. The research concludes that the Bank’s reforms represent a significant improvement in the way it used to operate and has the potential to support national development policies in certain limited respects. Largely however, the Bank’s procurement policies remain significantly complex and also limits policy space for the implementation of domestic policies. Keywords: Donors; Foreign Aid; Africa; Anti-Corruption; Development Aid; World Bank.

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