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Integrity in EBRD Funded Projects Training Video (Armenian Subtitles) — Transcript

by European Bank for Reconstruction and Development · 2,566 words · 472 segments · language en · Watch on YouTube

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0:00foreign
0:05course during the next half hour or so
0:09we will cover what the ebrd expects of
0:11clients and Consultants that work on
0:13ebrd funded contracts
0:16the course is designed to help you
0:18understand the ebrd's approach to
0:20integrity and compliance
0:23policies and procedures the bank applies
0:25and finally how you play an important
0:28role in ensuring that the ebrd is able
0:30to achieve its mission on the ground by
0:33reporting misconduct and other issues
0:39foreign
0:40first of all the course will provide you
0:42with an understanding of what the ebrd
0:44means when it talks about integrity
0:47not just the concept itself but also how
0:50this is anchored in every aspect of the
0:52bank's work
0:53[Music]
0:55we will then talk about what the ebrd
0:57does when it finds issues in its
0:59projects how it assesses problems and
1:02what action it takes to protect its
1:04funds and reputation
1:06last but not least the course will
1:09explain how you can help the ebrd uphold
1:11Integrity standards and what you must do
1:14if you become aware of issues that you
1:16think are not right
1:17[Music]
1:19we will also explain how you can contact
1:21the ebrd if you have any questions or if
1:24anything we have covered today has been
1:26unclear
1:31so what does the ebrd mean when it
1:34speaks about integrity
1:36Integrity or being Guided by clear and
1:40consistent moral principles underpins
1:42everything the ebrd does there are
1:45several components to this
1:47Integrity is most clearly reflected in
1:51conduct be it for the ebrd or its
1:54counterparties
1:55not engaging in bribery and other forms
1:58of corruption treating customers and
2:01employees properly and making sure that
2:04every action you take is rooted in
2:06honesty and fairness
2:08all of these are signs of a person or
2:11organization striving to conduct itself
2:14positively
2:15the second building block of Integrity
2:17is transparency
2:19reality can be complex and as we shall
2:22see later some challenging situations
2:24may be unavoidable
2:26the key here is to communicate openly
2:28and proactively addressing and
2:31disclosing issues head-on
2:33positive conduct and transparency in
2:36turn are what determines your and our
2:38reputation maintaining a reputation as a
2:42fair and honest counterparty is
2:44extremely important to the evrd and we
2:47expect that our counterparties are also
2:49focused on maintaining good reputations
2:51locally and internationally
2:55now that we have defined Integrity why
2:58does the ebrd care about it
3:00the first thing to always remember is
3:02that the ebrd is a public institution it
3:06is capitalized with taxpayer funds from
3:08over 72 countries including yours and is
3:12also a major conduit for donor funds
3:16the bank and each of its staff members
3:18is therefore not only responsible to the
3:21ebrd's management and board but also to
3:24every member of the public
3:27the ebrd also plays an important role in
3:30the International Development
3:31architecture and is supported by many
3:34national governments and international
3:36organizations to administer and channel
3:39donor funds to where they are needed
3:42the ebrd needs to therefore protect its
3:46funds which are owned by the public and
3:49its reputation which is key for its
3:51ability to do its work
3:56Integrity is deeply rooted in the ebrd's
3:59work this can be summarized as
4:02transition with integrity and reflected
4:05in the ebrd's transition qualities
4:09creating market economies that are free
4:11from corruption is anchored in the
4:14well-governed transition quality and
4:16therefore one of the guiding principles
4:18underlying the ebrd's mission
4:20[Music]
4:24practical terms this means that the ebrd
4:27takes concrete steps to fight corruption
4:29through its work
4:31this is done by carefully scrutinizing
4:33its Partners to avoid those involved in
4:35corruption investigating allegations and
4:38reports of wrongdoing and also helping
4:41Partners who may have been involved in
4:43issues and want to reform
4:46as outlined at the beginning of this
4:48session the ebrd's clients and partners
4:51need to show that they engage in
4:53appropriate conduct
4:54are committed to transparency and
4:57therefore Safeguard their reputations
5:01finally when and where necessary the
5:04ebrd will enforce its Integrity
5:06standards to do so it relies on its
5:09enforcement policy and procedures and
5:11the prohibited practices it contains
5:14[Music]
5:15we'll cover the enforcement policy and
5:17procedures in more detail later but
5:19let's run through the prohibited
5:21practices here briefly to understand
5:23what Behavior the bank does not want to
5:25see
5:28we will also illustrate the different
5:29practices with some case studies drawn
5:32from real life problems
5:34as you listen to their prohibited
5:36practices and case studies keep in mind
5:39that the same negative behavior can fall
5:42under different prohibited practices
5:45they can intersect and often depend on
5:48one another
5:51what are prohibited practices
5:54fraud
5:55any act or a mission including a
5:58misrepresentation that knowingly or
6:01recklessly misleads or attempts to
6:03mislead a party to obtain a financial or
6:07other benefit or to avoid an obligation
6:12collusion
6:14an arrangement between two or more
6:16parties designed to achieve an improper
6:18purpose including to influence
6:20improperly the actions of another party
6:24corruption offering giving receiving or
6:28soliciting directly or indirectly of
6:31anything of value to influence
6:33improperly the actions of another party
6:37scenario sharing the spoils
6:41a company has had a 10 000 US dollar
6:43Grant agreed by the ebrd after
6:46submitting a proposal to enhance its
6:48financial management system with the
6:50help of a consultant
6:52prior to approaching the ebrd the
6:55consultant and the company agreed to
6:57carry out the work for 5 000 US dollars
7:01they share the remaining 5 000 US
7:03Dollars between themselves
7:06this is a clear-cut case of fraud
7:09a company and consultant have
7:11misrepresented the true cost of the
7:13assignment to the ebrd both sides have
7:17also engaged in collusion by agreeing to
7:20defraud the ebrd
7:22more broadly the conduct of both the
7:25company and consultant Falls far short
7:27of the ebrd's expectations for the
7:29Integrity of its partners the ebrd would
7:33take such Behavior into account When
7:35selecting Partners even if the conduct
7:37occurred in non-ebrd projects
7:42what are prohibited practices
7:45misuse of Bank resources or Bank assets
7:48improper use of the bank's resources or
7:51Bank assets committed either knowingly
7:53or recklessly
7:55theft
7:56misappropriation of property belonging
7:59to another party
8:01coercion impairing or harming or
8:05threatening to impair or harm directly
8:07or indirectly any party or the property
8:11of any party to influence improperly the
8:14actions of a party
8:17obstruction
8:19one
8:21destroying falsifying altering or
8:24concealing of evidence material to a
8:26bank investigation which impedes the
8:29bank's investigation
8:31too making false statements to
8:34investigators in order to materially
8:36impede a bank investigation into
8:39allegations of a prohibited practice
8:42three
8:43failing to comply with requests to
8:46provide information
8:48documents or records in connection with
8:51a bank investigation
8:534. threatening harassing or intimidating
8:56any party to prevent it from disclosing
8:59its knowledge of matters relevant to a
9:01bank investigation or from pursuing the
9:05investigation or five materially
9:09impeding the exercise of the bank's
9:12contractual rights of audit or
9:14inspection or access to information
9:20scenario one contract two funders
9:25a company receives financial support
9:27from the ebrd to enhance its Human
9:29Resources function with support from a
9:32consultant
9:33the consultant approaches a local
9:35government entity with the same
9:37assignment the disguising that it is
9:39already funded by the ebrd and receives
9:42additional support
9:44when the ebrd learns of this and starts
9:47this investigation the consultant
9:49attempts to pressure local government
9:51representatives to confirm to the ebrd
9:54that there is no issue
9:57in addition to fraud like in the
9:59previous example the consultant has
10:02engaged in theft by double funding the
10:04assignment
10:06finally by attempting to pressure local
10:09government Representatives the
10:11consultant has engaged in coercion and
10:14also in obstruction
10:18he was aware of the practice they would
10:20be held equally responsible
10:24conflicts of interest
10:26in addition to activities captured by
10:28the ebrd's prohibited practices real and
10:31perceived conflicts of interest are key
10:33issues that frequently arise in its work
10:36conflicts of interest are situations or
10:38circumstances in which private interests
10:41influence or may influence objective and
10:44impartial decision-making
10:47private interests include any advantage
10:50for yourself your families or personal
10:53acquaintances
10:55given appropriate circumstances
10:57conflicts can be managed more about that
11:01later
11:02it is important to remember that the
11:04ebrd will not only consider your
11:06interest when assessing or investigating
11:08conflicts the bank will also scrutinize
11:11situations in which family members
11:13friends or acquaintances have or appear
11:16to have benefited unduly
11:19however
11:20if the context is right and proper
11:22actions are taken conflicts can be
11:25managed let's look at a case study to
11:27illustrate this
11:29scenario it's all about transparency a
11:33company receives financial support from
11:35the ebrd to build a quality management
11:37system and have it independently
11:39certified
11:41the company hires a consultant for this
11:43assignment
11:44the consultant in turn hires a local
11:47certification agency
11:50the ebrd later learns that the
11:52certification body is owned by a close
11:55relative of the consultant
11:58the issues here would depend on how
12:01transparent the consultant has been
12:03if the relationship was disclosed there
12:06is a clear rationale for the selection
12:08of the certification agency and there
12:11are no irregularities in the prize this
12:13conflict may be manageable if the
12:16relationship was not disclosed and is
12:18subsequently discovered it reflects
12:21poorly on the consultant's business
12:23practices and may lead to a review to
12:26assess if any prohibited practices or
12:28other adverse conduct have occurred
12:32we have now covered what the ebrd
12:34considers as integrity and the
12:36prohibited practices in the ebrd's
12:38projects
12:40in this next section we will address
12:42what the ebrd does when it encounters
12:44prohibited practices in its projects
12:48the ebrd policy that addresses
12:51prohibited practices is the enforcement
12:53policy and procedures or the Epps the
12:58Epps set out how the ebrd will address
13:01prohibited practices in its projects you
13:05can find a copy of the Epps on the ebrd
13:08website
13:09the department within the ebrd that
13:12handles prohibited practices is the
13:14office of the chief compliance officer
13:17or OKO OKO receives allegations and
13:21conducts investigations and if necessary
13:24recommends whether to resolve the
13:26allegations through no further action or
13:29sanction
13:30when we speak about occo investigations
13:33we should be clear that these are not
13:35like investigations by the police or
13:37national authorities
13:39OKO does not have the power to compel
13:42parties to answer questions or provide
13:44information
13:45instead Orco investigations are
13:48conducted through requests of
13:50information Audits and interviews with
13:53Witnesses
13:54a failure to respond and cooperate could
13:57result in a finding of an obstructive
14:00practice
14:02during the investigation OKO will
14:05provide an opportunity for the
14:06individual or entity being investigated
14:09to respond to the allegations and
14:11present their side of the story
14:14OKO gathers the information through its
14:17investigation but it does not decide
14:19whether an individual or entity should
14:22be sanctioned
14:23that role is played by the enforcement
14:25commissioner who acts like a judge
14:27independent from OKO if occo's
14:30investigation determines that the
14:32allegations are more likely than not to
14:34be true occo will make a submission to
14:37the enforcement commissioner requesting
14:38that the individual or entity is
14:41sanctioned
14:42[Music]
14:43the enforcement commissioner will notify
14:45the individual or entity that OKO has
14:47referred the matter to them and the
14:50individual or entity will have an
14:51opportunity to defend itself before the
14:54enforcement commissioner makes their
14:55decision
14:57if the individual or entity disagrees
14:59with the enforcement commissioner's
15:00decision the individual or entity can
15:03appeal to the ebrd's enforcement
15:05committee which is made up of five
15:06members three of whom are external
15:11what are the sanctions that the ebrd can
15:13impose
15:15the Epps provide for a range of
15:18sanctions to reflect the seriousness of
15:20the wrongdoing
15:22for minor wrongdoing the ebrd can issue
15:25a letter of reprimand
15:27however the sanction normally imposed by
15:30the ebrd and the most serious sanction
15:32is debarment
15:34debarment means that a company or
15:37individual is prevented from being an
15:39ebrd counterparty and cannot be a
15:42recipient in any ebrd Finance project
15:46a debate entity and individual cannot
15:49submit a tender in any ebrd Finance
15:52procurement or take any part in any
15:55aspect of that project whether as a
15:57supplier sub supplier or consultant
16:00if you are debarred your name will be
16:03published on the list of ineligible
16:05entities located on the ebrd's website
16:08while this may not seem like a severe
16:10sanction this list is used by many
16:13institutions including Banks government
16:16agencies and the private sector in order
16:19to determine the reputation of the
16:21business partners
16:23D Barman can have a severe impact on a
16:26company's business and reputation
16:29some companies and individuals will also
16:32be subject to cross-devironment
16:34Krusty Barman means that the company and
16:36individual will also be ineligible for
16:39financing from the Asian development
16:41Bank African Development Bank
16:43inter-american Development Bank and
16:45World Bank
16:47their names will also be published on
16:49the website of each Institution
16:53now that we have explained what the ebrd
16:55does we are going to explain what the
16:57ebrd expects you to do
17:01as a party in an ebrd Finance project
17:04you have a responsibility to help root
17:07out fraud and corruption in ebrd
17:10projects
17:11when you suspect that wrongdoing may
17:13have occurred you must report suspicions
17:15of wrongdoing to the ebrd
17:18it is important to note that you do not
17:19need to be certain that the suspicions
17:21are true
17:22as long as you genuinely believe the
17:25information you are providing to be true
17:26you have a good faith basis and you
17:29should report your concerns
17:32you can make an anonymous report through
17:34the ebrd website under the link report
17:37fraud and Corruption or you can report
17:41your concerns to your local ebrd office
17:46you may be asking yourself why you
17:48should report wrongdoing
17:50this may be especially true if you think
17:53that the wrongdoing was not your fault
17:55or you do not believe that you have the
17:57full story
17:59first you should report your suspicions
18:02because you may be required to under the
18:04financing agreement and other documents
18:06with the ebrd for instance the ebrd's
18:10Covenant of integrity and contractual
18:13Provisions require you to report
18:15suspicions of prohibited practices and
18:18failure to do so could constitute a
18:21breach of your obligations
18:23but
18:24also consider that reporting wrongdoing
18:27can help protect the ebrd and donor
18:30financing to your country or region by
18:33reporting wrongdoing you are helping to
18:35prevent Bad actors in your country from
18:38abusing the ebrd's financing and you are
18:41helping the ebrd to direct financing to
18:44parties that are more deserving of our
18:46financial assistance
18:49reporting wrongdoing also helps remove
18:51Bad actors from ruining the business
18:53reputation of your country which can
18:55have negative effects on the foreign
18:57investment
18:58these Bad actors are creating an unfair
19:01system and they should not be allowed to
19:03freely operate
19:05finally if you committed wrongdoing
19:08reporting it early to the ebrd could
19:11lead to a reduction in sanction for
19:13instance if you neglected to report a
19:16conflict of interest initially reporting
19:18a conflict of interest as early as you
19:20realize you have made a mistake could
19:22result in a more lenient sanction or
19:24perhaps no sanction at all
19:27that brings us to the end of this
19:29training session thank you very much for
19:31your time and attention we hope that
19:33this training has provided you with
19:35clear guidance and information
19:37you can visit the links on this slide or
19:39on the ebrd's website if you want to
19:41learn more about the bank's approach to
19:43integrity and compliance
19:46you're free to send any questions that
19:48you may have using the link provided we
19:50would be happy to help

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