1 OECD INTEGRITY FORUM CURBING CORRUPTION INVESTING IN GROWTH Paris, March 2015 AGENDA #intwk
2 About the OECD Integrity Forum The OECD Integrity Forum is an anti-corruption forum of policy makers, businesses, civil society, academia and other stakeholders to identify new approaches to prevent, detect and sanction corruption in a holistic manner. Objectives of the 2015 OECD Integrity Forum Sustained economic growth is crucial for delivering, but also depends on, more and better services, for building more resilient economies and increasing trust in government and politicians. Public and private investment are essential to long term economic growth by expanding an economy s productive capacity, boosting productivity and employment, improving service delivery both in quantity and quality, and enhancing human capital. An IMF recent study shows that 1 percentage point increase in investment spending as a share of GDP raises the level of output by about 0.4 percent in the same year and by 1.5 percent four years after the increase. However, in order to ensure countries can reap the full potential benefits of public and private investment a persistent obstacle needs to be overcome. Corruption has been identified as a distorting factor affecting the quality, composition and productivity of physical capital, and seriously undermining the benefits of the investment. In this context, corruption can be perceived as an additional cost or tax to be paid by investors and users. And when it extends to higher echelons of government, it can lead to deep distortions in investment policies. Corruption may also lead to unprofitable public infrastructure projects also known as white elephants, resulting in vast infrastructures hardly used but nevertheless entailing high maintenance costs. Specifically, corrupt public procurement processes may lead to expensive and low quality public infrastructure and poor service delivery. In 2013, OECD countries spent close to USD 1.4 trillion in public investment which represents almost 3% of OECD GDP and 15% of total investment (public and private). Sub-national governments undertook most of this investment (72%). A great deal of this investment is spent on public infrastructure. And the need for public infrastructure in OECD countries is significant. The OECD has estimated the annual investment requirements to be around an average of 2.5% of world GDP. The governance of infrastructure investment remains a sensitive area as the many different forms of interaction between the public and private sectors present high risks of corruption. Thus it is key to mainstream integrity practices in the governance of public investment. Finally, corruption also undermines private investment by creating a negative business climate for the private sector. Debates during the 2015 Integrity Forum will review existing mechanisms to properly address corruption risks all along the investment policy cycle and explore good practices in mitigation strategies to fully reap the benefits of investment. Lessons will also be drawn from the application of the OECD Anti-Bribery Convention, the updated Policy Framework for Investment and other OECD instruments. For more information please see the OECD Integrity Forum Background Report: Curbing Corruption Investing in Growth (forthcoming).
3 AGENDA Wednesday, 25 March :00 9:15 Registration & Welcome Coffee (CC4) 9:15 9:45 Welcoming Remarks and Opening Address (CC4) William C. Danvers OECD Deputy Secretary-General Sungbo Lee Chairman, Anti-Corruption and Civil Rights Commission, Korea 9:45 11:15 Plenary Session 1 (CC4) High-Level Debate: Mapping the Risks of Corruption in Investment Investment helps to underpin competitiveness, productivity and growth. Yet corruption as a main distortion in both private and public investment, negatively impacts on its effectiveness, thus directly impairing economic growth. This is confirmed by the findings of the G20 Anti-corruption Working Group Study on Corruption and Economic Growth prepared by the OECD which describes the many ways in which corruption impairs economic growth. This high-level session will convene stakeholders from both the investment and the anti-corruption spheres to map risks of corruption in investment and identify the key tools to mitigate those risks. Axel Threlfall, Editor-at-Large, Reuters Giovanni Kessler, Director-General, European Anti-Fraud Office (OLAF) Cobus de Swardt, Managing Director, Transparency International Gabriela Ramos, Chief of Staff, OECD Adrian Blundell-Wignall, Director, Directorate for Financial and Enterprise Affairs, OECD Olajobi Makinwa, Head of Transparency & Anti-Corruption Initiatives, UN Global Compact 11:15 11:45 Coffee Break (CC4) 11:45 13:00 Plenary Session 2 (CC4) Reaping the benefits of investment for all: Preventing the Capture by special interests While investment is a crucial element for economic growth, it may not necessarily lead to growth for the society in general. Public investment policies or projects may be unduly influenced by private or public individuals or by one or a few businesses or by criminal groups through means such as the financing of political parties and campaigns or lobbying. When decision makers are captured in this way the economic benefits of the investment are only enjoyed by a minority at the expense of the public interest.
4 This session will explore the different ways by which actors influence public investment processes and will identify mechanisms to ensure that the influence is legitimate and avert capture by special interests. Pavlos Eleftheriadis, Associate Professor of Law at Oxford University Klaus Moosmayer, Chief Compliance Officer, Siemens /Chair of the BIAC Task Force on Anti- Corruption/Bribery Sheila Krumholz, Executive Director, Center for Responsive Politics Bob Rijkers, World Bank 13:00 14:30 Lunch - Presentation of the G20 Corruption and Growth Report- Auditorium PRESENTERS Gabriela Ramos, Chief of Staff and Sherpa to the G20, OECD Tina Søreide, Senior Researcher, CHR Michelsen Institute M. Emranul Haque, Senior lecturer, University of Manchester 14:30 16:00 Challenge Session 1 (CC7) Identifying Risks and Tools to Curb Corruption in Public Investment This session is designed as an interactive, practical and policy-oriented discussion to identify the key risks to effective public investment programs. Through a facilitator, participants will work together to identify concrete tools to curb corruption in public investment, particulalrly in infrastructure projects. FACILITATOR A. Craig Capotes, Associate Professor of Journalism, American University of Paris 14:30 16:00 Parallel Session 1 (Chateau Room E) Integrity Systems and Risk Management in Developing Countries Development assistance is crucial for furthering investment for development. Yet, the governance of receiving countries as well as the operations of cooperation agencies matter greatly to avert corruption in development assistance. This session will discuss corruption risk management in the operations of multiand bi-lateral co-operation agencies. It will discuss the needs presented by current policies, integrity frameworks currently being employed and their effectiveness, and crucial components and mechanisms to manage corruption risks. Phil Mason, Chair of Anti-Corruption Task Team, OECD Elizabeth Hart, International Consultant Joshua Drew, Vice-President of Ethics, HP Erik Feiring, Policy Officer on Illicit Financial Flows, World Bank (by VC) Phil Tarling, Former chairman of the board, Institute of Internal Auditors 16:00 16:30 Coffee Break (CC4) 4
5 16:30 18:00 Parallel Session 2 (CC7) Trust and Business 16:30 18:00 Parallel Session 3 (Chateau Room E) Investment Treaties, Arbitration and Corruption Despite lessons learnt from the global financial crisis, which revealed both government failures and serious corporate wrongdoing, a gap remains between standards and instruments designed to prevent corporate misconduct, and the manner in which these rules are applied. They include the OECD Anti-Bribery Convention, the Guidelines for Multinational Enterprises, and the Principles of Corporate Governance, among others. Their active implementation is essential to re-building postcrisis trust and investment, both for large and smaller enterprises. This session will introduce a new OECD initiative, the OECD Trust and Business Project, which aims to address these challenges by working with governments, business, and civil society to bridge the gap between international rules and standards for businesses and how they are implemented. Bringing together representatives from all these groups, this session will kick-start a debate about the challenges to meaningful corporate compliance and effective government enforcement. Pierre Poret, Deputy Director, Directorate for Financial and Enterprise Affairs, OECD Anders Berg, Deputy Director General, Norwegian Ministry of Trade & Industry; Chair, OECD Working Party on State Ownership and Privitisation Practices Sagarika Chatterjee, Associate Director, United Nations Principles for Responsible Investment Corinne Lagache, Senior Vice-President and Chief Compliance Officer, Safran SA; Vice-President, BIAC Anti-bribery Task Force Aneta McCoy, Founder and Managing Partner, Aneta McCoy Advisory Group (AMAG) Angie Farrag-Thibault, Associate Director, Transport and Logistics, BSR Michele de Rosa, Legal Counsel, Legal & Regulatory Affairs, Anti-Corruption Legal Support Unit, Eni S.p.A. International anti-corruption conventions play a key role in the global efforts for integrity. Much less explored in this context are investment and trade agreements that may also play a role in curbing corruption. This session will discuss whether and how investment treaties can be used as an anti-corruption tool. For example, anti-corruption clauses can be included in investment treaties, trade agreements and contracts. To date, investment treaties rarely refer to anti-corruption considerations, while corruption allegations play a great role in investment arbitration cases. What would be the benefits and effects on the arbitration of investment treaties or contracts of including an anti-corruption clause? Would arbitrators be more inclined to investigate corruption issues when the treaty at stake contains an anti-corruption clause? And how should corruption allegations be treated by arbitrators? Vladimir Khvalei, Vice-President of the ICC International Court of Arbitration Catherine Kessedjian, Arbitrator, Professor, Université Panthéon-Assas (Paris II) Andrea J. Menaker, Attorney, White&Case, Washington D.C. Lauri Railas, Attorney, Railas Attorneys Ltd., Codrafter of the ICC Anti-Corruption Clause Joachim Pohl, Policy Analyst, Investment Division, OECD 5
6 Thursday, 26 March :00 09:30 Welcome Coffee (CC4) 9:30 11:00 Plenary Session 3 (CC4) Strengthening the Governance of Infrastructure Investments The construction and infrastructure sector is particularly prone to corruption. Infrastructure projects involve a large number of actors and significant amounts of money. Thus private participation in investment projects may be marred by corruption particularly in the design of the PPP or the public procurement process. If processes are not adequate and transparent, corruption increases the need for, and the cost of, investment contributing to unsuitable, defective, and dangerous infrastructure such as buildings that collapse and roads that break up after a short period of time. This session will explore effective preventive mechanisms to promote transparency, efficiency and good management in the governance of infrastructure investment to minimize the risk of corruption and achieve better value for money in infrastructure projects. KEY NOTE Raffaele Cantone, Presidente, Autorità Nazionale Anticorruzione-A.N.A.C, Italy Roel Nieuwenkamp, Chair of the OECD Working Party on Responsible Business Conduct Manuel Nuñez, Director-General, Grupo Aeroportuario Ciudad de Mexico Christiaan Poortman, Chair, CoST Interim Board Enrico Vink, Managing Director, International Federation of Consulting Engineers (FIDIC) Augusto Goncalves Ferradaes, Federal Auditor, Federal Court of Accounts, Brazil Viviane Schiavi, Senior Policy Manager, Corporate Responsibility & Anti-Corruption, International Chamber of Commerce 11:00 11:30 Coffee Break (CC4) 11:30 13:00 Parallel Session 4 (CC7) Improving Governance to Promote Investment in Latin America and the Caribbean s Extractives Sector 11:30 13:00 Parallel Session 5 (CC4) Corruption in investment at the sub-national level: mitigating the risks The objective of this session is to discuss recent governance and transparency reforms and pending challenges in LAC s extractives sector, and their potential to promote and support both foreign and domestic investment in this sector. The panel proposes exploring different country-level experiences and approaches to improving extractive governance. Cities and regions are key actors for infrastructure investment: More than two-thirds of public investment takes place at the sub-national level and this share has increased over recent decades, making questions of efficiency and integrity at sub-national level all the more important. The OECD Recommendation on Effective Public Investment Across levels of Government and its Implementation Toolkit address some of these challenges, to strengthen sub-national capacities 6
7 Carlos Santiso, Division Chief, Institutional Capacity of the State Division, Inter-American Development Bank Fuad Khoury Zarzar, Comptroller General, Peru Natalia Gutierrez, President, Colombian National Mining Agency Victor Hart, Trinidad and Tobago EITI Steering Committee Juan Cruz Vieyra, IDB Operations Specialist Lahra Liberti, Senior Advisor on Natural Resources, OECD Development Centre throughout the investment cycle, mitigate risks of corruption and make more effective use of investment. Whatever the level of decentralisation, corruption varies greatly at the local level within countries, and certain regions seem to be particularly at risk when it comes to corruption in investment. This session will discuss the key risks of corruption at the sub-national level throughout the investment cycle and the joint action from local and national policy-makers that is required to address these risks. Robert Levanthal, Director of Anticrime Programs Division, U.S. Department of State Anwar Shah, Advisor to the World Bank and the Asian Development Bank, Director of the Centre for Public Economics, and Distinguished Visiting Professor of Economics, Southwestern University of Finance and Economics, Chengdu/Wenjiang, China Pierre Berthet, Former Auditor at the Regional Chamber of Accounts Provence-Alps-French Riviera, Senior Advisor, Central Service for Preventing Corruption, Ministry of Justice, France Kristien Verbraeken, Region of Flanders, Belgium - Integrity Officer, Public Governance Department, Corporate HR & Organizational Development Division, Belgium 13:00 14:00 Networking buffet Lunch (Conference Centre Atrium) Lunchtime Interview: From Behind the Bribe a Journey to the Dark Side of International Business (CC16) Patrick Moulette, Head, Anti-Corruption Division, OECD (tbc) Richard Bistrong, Anti-bribery, Compliance and Ethics Consultant, Former FCPA Violator and FBI/UK Cooperator Philipe Montigny, CEO and President of the Certification Committee, Ethic Intelligence 14:00 15:30 Session 4 (CC4) Designing a collective strategy to curb corruption This session will draw lessons from the discussions held in the previous plenaries and parallel sessions and will outline the key elements of a strategy to curb corruption in investment that could be put forward collectively by the public and private sectors and civil society. 7
8 This session will also channel a reflection on where anti-corruption efforts are today and how the OECD can increase its relevance and impact in the anti-corruption field to ensure continuous first-rate support to countries needs in this area. Rolf Alter, Director, Public Governance and Territorial Development Directorate, OECD H.E. Dionisio Pérez-Jácome Friscione, Ambassador, Mexican delegation to the OECD H.E. Annika Markovic, Ambassador, Swedish Delegation to the OECD H.E. Nick Bridge, Ambassador, United Kingdom Delegation to the OECD Peter Haas, Deputy Permanent Representative, US Delegation to the OECD Drago Kos, Chair of the OECD Working Group on Bribery in International Business Transactions Robert Hunja, Director for Public Integrity and Openness, Governance Global Practice, World Bank Elena Panfilova, Vice-Chair of Transparency International 15:30 16:00 Closing Remarks H.E. Matthias Fekl Secretaire d Etat au Commerce Exterieur, France Secretary of State for Foreign Trade, France Angel Gurría OECD Secretary-General 8