Subscribe to the Bombay Chartered Accountant Journal Subscribe Now!

Cancerous Corruption

fiogf49gjkf0d
From May 2014, this feature is restarted. In June 2014 issue, I recorded one meaning of “Corruption”.

Here under are some definitions of Corruption:

• Transparency.org:

CORRU PTION IS THE ABUSE OF ENTRU STED POWER FOR PRIVATE GAIN. IT HUR TS EVERY ONE WHO DEPENDS ON THE INTEGR ITY OF PEOPLE IN A POSITION OF AUTHORITY. Some More:

• Wrongdoing on the part of an authority or powerful party through means that are illegitimate, immoral, or incompatible with ethical standards. Corruption often results from patronage and is associated with bribery.

• Dishonest behaviour by those in position of power, such as managers or government officials. Corruption can include giving or accepting bribes or inappropriate gifts, double dealing, under-the-table transactions, manipulating election, diverting funds, laundering money and defrauding investors. One example of corruption in the world of finance would be an investment manager who is actually running a ponzi scheme.

World bank writes on Governance & Anti-Corruption:
The World Bank views good governance and anticorruption as important to its poverty alleviation mission. Many governance and anti-corruption initiatives are taking place throughout the World Bank Group. They focus on internal organisational integrity, minimising corruption on World Bank-funded projects, and assisting countries in improving governance and controlling corruption.

Combining participatory action-oriented learning, capacity-building tools, and the power of data, the World Bank Institute (WBI), in collaboration with other units in the World Bank Group, supports countries in improving governance and controlling corruption. We also provide policy and institutional advice and support to countries in their formulation of action programs.

Using a strategic and multidisciplinary approach, we apply action-learning methods to link empirical diagnostic surveys, their practical application, collective action, and prevention. Concrete results on the ground are emphasized in our learning programs and clinics as well as the periodic release of the Worldwide Governance Indicators (WGI) and country diagnostics. This integrated approach is supported by operational research and a comprehensive governance databank.

At one of the annual meeting, World Bank officials spoke extensively about corruption. It is an understandable concern: money that the Bank lends to developing countries that ends up in secret bank accounts or finances some contractors’ luxurious lifestyle leaves a country more indebted, not more prosperous.

Corruption Worldwide:
Corruption, fraud and money-laundering cost poor countries a total of $1.0 trillion a year, the anti-poverty organisation ONE said in a study released in this month. The group, founded by U2 rock group singer Bono, said the misuse of funds resulted in $38-64 billion a year in uncollected taxes alone. This in turn cost 3.6 million lives a year that could be saved if the missing money were wisely invested, nongovernment organisation ONE estimated.

Na Khaunga, na khane dunga:
• Bringing up the issue of corruption during the second leg of his daylong tour to Jammu & Kashmir last month, PM Narendra Modi said his mantra was “Na khaunga, na khane dunga (neither will I take bribe, nor will I allow anyone also to take bribe).”

(Compare above with former PM Manmohan Singh: He did not take bribe but allowed many of his ministers to take bribe)

• PM Narendra Modi described corruption as cancer that can destroy India and said people were no longer willing to tolerate it.

Addressing a gathering at a foundation stone laying ceremony for a highway, and amid slogans of Bharat mata ki jai, he asked, “Should strong steps not be taken to remove corruption?” Modi said some had pointed out that he did not speak on August 15.He reminded them that he had said “if somebody had to get any work done one would ask ‘mera kya’ (what’s in it for me). If the work is not done, one would say ‘mujhe kya’ (why do I care). This has spoiled the nation.”

Maharashtra Anti-corruption Bureau ( ACB )
• In a bid to check corruption and embarrass the offenders, the Maharashtra Anti Corruption Bureau (ACB) is planning to launch a page on a popular social networking site where it would upload the pictures of those caught for taking bribes.”In a bid to intensify our action against corrupt and reach out to people, we are planning to use the popular platform of Facebook shortly”, said Director General of Police (ACB) Pravin Dixit. When asked if the court rulings prevented posting pictures of suspects at public places, Dixit said the ACB cases were different. “We have a suspect who is known and arrested after adopting legal procedures. There is no question of identification parade like other crimes. Hence, there is nothing wrong in putting up pictures on the website or elsewhere.” Dixit said.
• The Facebook page, if started, will have the pictures of the accused, besides the details of the bribe amount the accused took, valuables and other documents recovered from him or her during searches at office and home, police said. The ACB which had laid as many as 744 traps so far this year, a 114 per cent jump from the same last year, has been for the past two months publishing pictures of those caught in the act on its own website. During the 744 traps till August 16, it has arrested 1,009 government employees and their associates, who are private individuals. In the same period last year, 348 traps were laid in which 452 were arrested.

Transparency International: Corruption perception Index 2013:

In August issue of BCAJ, some details of Corruption Perceptions Index 2013 were reported. I had missed to report CPI of some more neighbouring countries. Now along with 3 which were reported hereunder are Ranking of India and its neighbouring countries:

It is interesting to note that atleast one neighbouring country, Bhutan ranks at 31, quiet high, and scores 63.

levitra

Cancerous Corruption

fiogf49gjkf0d
SIC Deepak Deshpande:
ACB raided State Information
Commissioner Deepak Deshpande, who had been appointed by Bhujbal after
he retired as PWD secretary. ACB found that he has one flat each in
Thane and Aurangabad and three in Pune. Deshpande also has four plots
and five hectares of land in Aurangabad, 1.53 kg. gold, 27 kg. silver,
investments of Rs.2.68 crore, 6,360 shares of companies and two cars.
ACB is yet to scan three bank accounts and four lockers. Sources said
the cabinet would advise removal of Deshpande from his post. When Mumbai
Mirror called Deshpande, he refused to comment.

He has since resigned from his post.

My
comments: If the RT I Information Commissioner, who is the instrument
for containing corruption turns out to be corrupt, it is a sad story.

Anti – Corruption Bureau:
The
number of corruption cases reported till April this year has risen. The
state’s Anti-Corruption Bureau registered a 23% hike in the number of
cases recorded in the first four months of 2015 as compared to 2014.

A
total of 479 offences were registered until April this year as compared
to 369 till April last year. Another 48 offences were registered in May
this year. A new trend witnessed in recent complaints is the rise in
the use of technology. Besides a helpline phone number, the
Anti-Corruption Bureau has also launched a mobile app and Facebook page
which have proved to be handy tools for the public to lodge complaints
and for the agency to nab offenders.

Within three months, the bureau’s Facebook page has been ‘liked’ by 24,478 people.

Director
General of Police (anti-corruption) Praveen Dixit said that their
Facebook page and helpline number 1064 have helped in nabbing corrupt
officials. “We hope to reach to even more people through our mobile
application which is becoming very popular especially with youngsters,”
said Dixit.

Until May this year, of the 527 cases registered, 50
pertained to disproportionate assets, and the bureau unearthed Rs.7.97
crore worth of assets acquired by public servants through illegal means,
of which assets valued at Rs.1.27 crore have been seized.

The
revenue department continues to lead the graft chart with 160 officials
caught in the first four months this year, followed by 142 from the
police department.

The bureau has also seen a sharp rise in the
conviction rate. This year the rate of conviction has also gone up to
50% as compared to last year, which was 22%.

An official from
the bureau said that the number of corruption cases was quite high in
the early part of the year. “Despite conducting awareness programmes in
government offices, corruption continues to plague various departments,”
said this official who asked not to be named.

CM Chandrababu Naidu:
The
Telangana Anti-Corruption Bureau (ACB) filed a charge sheet in the
cash-for-vote case identifying the person referred to as ‘Babu’, ‘Boss’
and ‘Naidu’ by the main accused as Andhra Pradesh chief minister
Chandrababu Naidu.

“We mentioned the name of Chandrababu Naidu
in the chargesheet after taking into consideration the details of
conversations of the accused and also the statement of complaint Elvis
Stephenson recorded by a magistrate u/s. 164 of the CrPC,” ACB special
public prosecutor Surendra Rao told TOI.

The ACB has narrated
how the accused in the case – Reddy, Sebastian, and Reddy’s aide, Udaya
Simha, and Sebastian’s friend, Jerusalem Mathaiah – held negotiations
with Stephenson to offer him with Rs. 5 crore in cash, of which Rs.50
lakh was delivered to Stephenson. The ACB recorded this cash delivery
with audio-visual equipment after Stephenson filed a formal complaint
about the allurements he was receiving from the TDP.

Can you believe? Yakub Memon in 2013 when he was in Central jail wrote an essay, in which the following lines were written:

“In
spite of a great Constitution, greed and corruption are posing a threat
to unity and India’s reputation as a civilised nation. People of India
need moral and spiritual cleansing to see that we do not succumb to the
evil of greed and corruption”.

Analysing the essay, a city
psychiatrist, who does not want to be named, said, “Fear of being hanged
cannot impair one’s basic intelligence. Yakub is well-educated.
Sometimes what you believe also reflects in what is said or written
spontaneously.”

Psychiatrist Dr. Sudhir Bhave said, “It may be a means to create an impression that he is indeed loyal to the country.”

Corruption in BMC:
The
Brihanmumbai Municipal Corporation (BMC), embarrassed by the spotlight
on it for all the wrong reasons as corrupt civic officials are routinely
trapped by the Anti-Corruption Bureau (ACB), has now made the
‘supervisory officer’ responsible, if more than one officer from their
department is caught.

The decision was taken after a meeting
held recently by municipal commissioner Ajoy Mehta with civic officials.
The commission, in a meeting told officials that when a citizen
approaches the civic body, he should be provided a reply within a time
limit. He said the direct supervisor should know what his staff is
doing. For instance, he said, the supervisor of the department issuing
birth certificates should know how many people have asked for a birth
certificate and how many were provided. If a certificate has not been
issued within a specific time limit, the supervisor should question the
concerned officers.

Complaint of corruption at ACB :
Over
64,000 corruption complaints were received by the Central Vigilance
Commission last year, a rise of 82 % than the preceding year.

The
Commission received 64,410 complaints, including 2,048 brought forward,
during 2014. “It is for the first time that the Commission had received
such a high number of corruption complaints,” a senior CVC official
said. Railways topped the list of government bodies with over 12,000
complaints of alleged corruption last year. It was trailed by 6,836
against bank officials, 3,572 against Delhi government employees and
3,468 against IT officials as per the annual report.

Out of
64,410 complaints received by the CVC, 36,115 were vague or
unverifiable, 758 were anonymous or pseudonymous and 24,012 were for
officials not under CVC.

There were 1,214 verifiable complaints
which were sent for inquiry or investigation to Chief Vigilance Officers
(CVOs), who act as distant arm of the CVC, and CBI.

Railways
topped the list of government organisations against whom maximum number
of complaints of alleged corruption – 12,776 – were received by the
CVOs, followed by 6,836 complaints against bank officials, 3,572 against
Delhi govt employees and 3,468 against Income Tax officials in 2014.

The
CVC had received 37,039, 16,929 and 16,260 complaints in 2012, 2011 and
2010 respectively, according to its annual reports for the respective
years.

levitra

Cancerous Corruption

fiogf49gjkf0d
Vigilance Awareness Week:

Central Vigilance Commission observes this year’s Vigilance Awareness Week from 27th October to 1st November, 2014.

The Income-tax department also organised, on 28-10-2014, an interactive meeting of senior officials, with stakeholders to mitigate potential areas of corruption.

• Mr. Rajiv, Central Vigilance Commissioner in his message wrote:

In its endeavour to fight corruption, the Central Vigilance Commission mandates observance of Vigilance Awareness Week every year. While reaffirming our commitment to eradicate corruption, we need to enlist the support and participation of all stakeholders and seek their active co-operation in fighting the menace of corruption. The Commission hopes that such initiatives would be an effective anti-corruption measure.

The theme chosen for this year’s Vigilance Awareness Week is “Combating Corruption–Technology as an enabler”. A combination of e-governance, web-enabled technologies and transparent policy initiatives by Government Departments/Organisation can provide an efficient and effective service delivery system to the citizens. Innovative technologies of social media promote citizens’ participation and enable reporting instances of corruption.

The Commission believes that transparency and objectivity in governance hold the key to combating corruption. Effecting systemic changes with simplified procedures, minimum discretion and optimum use of technology is the way forward. The commission expects all organisations to undertake technological initiatives relevant to their fields to facilitate fairness and equity in governance.

• The Prime Minister Shri Narendra Modi in his message wrote:
It is needless to point out that the integrity of public servants and transparence in public offices is utmost necessary in making transparent and efficient administration free of corruption.

• The President Shri Pranab Mukherjee wrote:
Corruption is a complex problem that needs a multi– faceted action. One of them is the use of technology that can help promote openness and transparency. Use of modern technologies can play an important role in eliminating human interface in service delivery systems. It is the collective responsibility of citizens as well as government departments to adopt technology initiative in combating corruption to maximise benefits.

Corruption of MLAs etc.:
An NGO by the name PRAJA aims at enabling accountable governance. It’s October 2014 issue reports on perception of citizens about corruption of MLAs, BMC officials, police officials and improvement of quality of life.

While the Mumbaikars’ perception about corruption of MLAs has increased by 17% they believe that their quality of life has decreased by 13%.

Supreme Court–Govt. cannot punish civil servants who expose corruption:
The Supreme Court in September ruled that any civil servant who exposes corruption and other illicit acts by knocking on the doors of a court cannot be subjected to disciplinary proceedings.

A bench of Justices, J. Chelameswar and A. K. Sikri, said that if a bureaucrat files a petition, alleging that the government was lax in discharging its constitutional obligations of establishing the rule of law, his or her conduct does not imply that he or she failed to maintain absolute integrity and devotion to duty, or indulged in conduct unbecoming of a member of the service.

“Clearly the rule only prohibits criticism of the policies of the government or making of any statement which is likely to embarrass the relations between the government of India and a foreign state or the government of India and the government of a state. Allegations of maladministration, in our opinion, do not fall within the ambit of any of the three categories (warranting disciplinary actions),” said the bench.

It added, “The right to judicial remedies for the redressal of either personal or public grievances is a constitutional right of the subjects of this country. Employees of the state cannot become members of a different and inferior class to whom such right is not available.”

The court issued the ruling while quashing disciplinary proceeding against IAS officer Vijay Shankar Pandey. The proceeding had been initiated against Pandey under charges of misconduct after he joined a campaign to bring back black money stashed abroad. He had actively participated as a member of a social group that filed a PIL and prompted the Supreme Court to pass a judgement on setting up a special investigation team to retrieve black money. He also gave his personal affidavit in the matter.

The bench said that the purpose behind these proceedings appeared “calculated to harass the appellant since he dared to point out certain aspects of maladministration in the Government of India.”

“The whole attempt appears to be to suppress any probe into the question of black money by whatever means, fair or foul. The present impugned proceedings are nothing but a part of the strategy to intimidate not only the appellant but also to send a signal to others who might dare in future to expose any maladministration,” it noted.

Gabriel Kuris (GK)
GK is a senior research specialist at Princeton University’s research centre, Innovations for Successful Societies.

Some months before he was in India, and in conversation with a journalist, he said:

“In democracies, if people want government action against corruption, they need to demand it through their voices and their votes. It’s easy for parties to make empty promises; voters need to hold them accountable.

The political class is resistant to the idea of a strong antigraft watchdog. The war against corruption is not just a war against politicians. Anti-Corruption-Agencies (ACAs) have many arrows in their quiver, and there are tactics that don’t single out and threaten individuals. Prosecution alone cannot reform a faulty system. ACAs in Botswana, Mauritius and Indonesia have made great strides by partnering with ministries and offices.

Real programmes against corruption requires preventive reforms and educational efforts that desire societal change.”

National Portal of India:
Fight corruption with the help of Central Vigilance Commission (CVC). If anybody is involved in corrupt practices report it now. You can use the following options to raise your voice:

• Call to the CVC toll free helpline number: 1800-11-0180 (All India)/011-24651000 (9:30 AM – 6 PM – Monday – Friday)
• Send a blank SMS or “VIGEYE” to 09223174440 to get an SMS containing the registration link in your mobile. You have to register first, before filing a complaint.
• Register your mobile phone directly with the CVC.
• File an online complaint register with CVC.
• Attach audio/video/photo evidence with your online and mobile complaint.

Users can also check the Status of the complaint filed by them with the Commission.

So get ready, be vigilant and take an initiative to fight against corruption.

Why Corruption?

“Nobody is corrupt with their own family. Corruption is happening because there is no sense of belonging. We need to create that belonging through satsangs as Gandhi did. Lack of spirituality is leading to corruption.” —Sri Sri Ravi Shankar.

levitra

Cancerous Corruption

fiogf49gjkf0d
Global Compact Network India (GCNI)
Shabnam
Siddiqui, Project Director of GCNI who wrote this feature in September
2014 now writes: “We are absolutely delighted to share with you that
Siemens has today named the first group of funded projects for the
second round of the Siemens Integrity Initiative.

Under the
second tranche, the selected projects will operate over a period of
three to five years. Of the five organisations that were announced in
the first round today Global Compact Network India is the only Local
Network to get the honour and one of the very few organisations that
have received repeat support from the Siemens integrity Initiative (UNGC
had won the first round in which CAP India was one part of a five
country UNGC – Siemens project). Siemens Press Release was released
today globally (attached) and GCNI effort singled and lauded on a global
platform.

The other organisations awarded funding includes
Ethics Institute of South Africa, which will work to combat corruption
in South Africa and Mozambique, the Ethics and Reputation Society of
Turkey (TEID, the Berlinbased Transparency International Secretariat and
the International Anti-Corruption Academy (IACA) in Vienna.

The second round of Siemens Integrity Initiative supported work in India will focus on the establishment of a Centre of Excellence for Transparency and Ethics in Business in India.”

Bombay Chartered Accountants’ Society has become business partner in its event in Mumbai on 06.02.2014.

Pope condemns graft in Rome:
Pope
Francis, on 31st December, condemned administrators and criminals in
Rome who allegedly pocketed public funds meant to help poor migrants,
saying the eternal city needed a “spiritual and moral renewal”.

Earlier
this month, the police arrested 37 persons suspected of being part of a
“mafia-like” organisation that guided public contracts to people close
to the alleged boss of the organisation, a right-wing extremist with
longtime ties to Rome’s underworld. Investigators said funds were
pocketed by corrupt city administrators and their criminal cohorts
instead of being used to improve squalid conditions. Pope Francis is
also the bishop of Rome, which is both the Italian capital and the
centre of Christianity Calling it “our city”, Pope Francis said, “We
have to defend the poor, not defend ourselves from the poor. We have to
serve the weak, not use the weak”.

After the arrests Rome’s
mayor, Ignazio Marino, ordered a review of city contracts and Prime
Minister Matteo Renzi proposed tougher national laws against corruption.


Graft & BMC:

If corruption in the civic body
could be rou ted out, prices of flats in Mumbai would fall by at least
Rs. 500 per sq. ft. said anti-corruption bureau director general Pravin
Dixit. “I have been told by an MP that if we can stop corruption in the
BMC, flat prices in Mumbai will be reduced substantially,” Dixit said
during a lecture at Pandharpur in Solapur.

Bristled by the
claim, the Shiv Sena, which controls the civic body, has demanded that
Dixit should provide proof. “He must show proof to substantiate his
claim. If he fails to provide the documents, then the chief minister
should take action against him for making irresponsible statements,” a
senior Sena leader said.

Corruption complaints to Banks:
Noting
irregularities, the Central Vigilance Commission (CVC) has told banks
to follow proper procedure in probing corruption complaints received by
them.

“It has come to the notice of the commission that in some
banks, senior bank executives and CMDs as disciplinary authorities are
treating cases or matters in which vigilance angle is perceived as
non-vigilance without following the due consultative process,” the CVC
said in a directive issued to all public sector banks. All banks are
supposed to set up an internal advisory committee (IAC), to scrutinise
the complaints received by them and also the cases arising out of
inspections and audit and determine the vigilance angle.

“All
CMDs and chief vigilance officers are advised to sensitise senior
executives and disciplinary authorities on various aspects of vigilance
administration to ensure all such matters are considered by the IAC set
up in the respective banks,” the watchdog said.

Pledge taken by the officers and employees of CVC office:
In
the week to celebrate “VIGILANCE AWARENESS WEEK – 2014”, the officers
and employees of the Commission affirmed that they shall continuously
strive to bring about integrity and transparency in all spheres of
activities, work unstintingly for eradication of corruption, remain
vigilant and work towards the growth and reputation of the organisation,
and do their duty conscientiously and act without fear or favour.

Corruption in Irrigation Department, Maharashtra:
The
newly appointed water resources minister Girish Mahajan has
unexpectedly made a sensational disclosure. He said at a public meeting
in his home town in Jalgaon, that after he stopped the payment of Rs.
1,100 crore of leading contractors, a leading developer approached him
with an offer of Rs. 100 crore to release the payment. A senior
anti-corruption bureau sleuth said that if Mahajan is serious about
taking on corruption in the irrigation department, he must disclose the
controversial developer’s name to the ACB for probe. Mahajan had
submitted details of cost escalation of key irrigation projects in north
Maharashtra. When the ACB initiates a probe against Ajit Pawar and
Sunil Tatkare, Mahajan is likely to explain to the ACB the modus
operandi adopted by leading politicians and contractors involved in
corruption. A day after he was entrusted with the water resources
portfolio, Mahajan called for all files of the Kondhane irrigation
project, where the cost of the project increased from Rs. 80 crore to
Rs. 580 crore in a brief span of three months. He then suspended more
than half-a-dozen high-ranking engineers of the water resources
department for dereliction of duty and involvement in corruption.
Significantly, the same file gathered dust in the office of Ajit Pawar,
who was then the deputy CM, in-charge of water resources. The file was
submitted to the then CM, Prithviraj Chavan, who ordered a departmental
probe. Both Pawar and Chavan had an opportunity to suspend, but they
preferred to ignore the proposal.

levitra

Cancerous Corruption

fiogf49gjkf0d
Note on “How IT can reduce corruption” by Mr. Lalit Kanodia to IMC Anti-Corruption Cell Members

Information and Communications Technology (ICT) against corruption

Introduction
Information
and Communication Technologies (ICTs) are increasingly seen by
governments as well as activists and civil society as important tools to
promote transparency and accountability as well as to identify and
reduce corruption. New technologies, in the form of websites, mobile
Phones, applications etc., have been used to facilitate the reporting of
corruption and the access to official information, to monitor the
efficiency and integrity of social services and of a country’s political
life, and to make financial information more transparent. ICTs can also
support campaigning efforts and help mobilise people against
corruption. Over the last decade, governments have launched an
increasing number of e-government initiatives to enhance the efficiency
and transparency of public administration and improve interaction with
citizens.

1. ICTs against corruption: potential and challenges

Potential benefits
There
is a broad consensus that ICTs have the potential to make a significant
contribution in the fight against corruption. By facilitating the flow
of information between government institutions, between government and
citizens, as well as among citizens, new technologies can promote
transparency, accountability and civic participation There are numerous
ways in which ICTs can trigger positive change: by reducing the
asymmetries of information between public officials and citizens;
limiting the discretion of public officials; automatising processes,
cutting out intermediaries, and reducing red tape and bureaucracy. The
Swedish Program for ICT in Developing Regions (Spider) developed a list
of the possible areas in which ICTs can help combat corruption
(Grönlund, 2010):

  • Automation, which can reduce the opportunities for corruption in repetitive operations
  • Transparency, which can help reduce the room for discretion;
  • Detection in operations, to identify anomalies, outliers and underperformance
  • Preventive detection through monitoring of networks and individuals;
  • Awareness raising to empower the public and inform it about its right to resist arbitrary treatment;
  • Reporting, to create complaint channels that can lead to concrete action and help punish violations and close loopholes;
  • Deterrence, by disseminating information about reported cases of corruption;
  • Promoting ethical attitudes through public engagement and online discussions

Impact of ICTs: little evidence but positive signs
Although
new technologies are increasingly seen by governments and
anti-corruption practitioners as a transformational tool and a
game-changer; very limited research has been undertaken to measure the
actual impact of ICTs on corruption at the macro-level. Andersen, in a
study of the impact of e-government measures on the World Bank “Control
of corruption” index, found that the implementation of e-government
solutions often resulted in a considerable reduction of the levels of
corruption: by conservative estimates, moving from the 10th percentile
to the 90th percentile in the e-government implementation implies a
reduction in corruption equivalent to moving from the 10th percentile to
the 23rd percentile in the control of corruption measurement.
Similarly, Shim and Eom studied the correlation between the usage of
ICTs (measured by the UN e-Government readiness index, the UN
e-participation index and the level of internet penetration) and the
level of corruption (measured by Transparency International’s CPI). They
conclude that the country’s position on the e-readiness and
e-participation indices is negatively correlated with the levels of
corruption, meaning that a good positioning on the e-readiness and
e-participation indices goes together with lower levels of perceived
corruption. Both studies argue that the use of ICTs should be combined
with administrative reform but that the order of implementation does not
matter.

A 2013 study by Garcia-Murillo analysing the
correlations between the implementation of e-Government innovations
(measured by the UN e-Government Readiness index and the UN
Telecommunications Infrastructure index) and the level of corruption
(measured by the Worldwide Governance Indicators) comes to similar
conclusions, that the governments’ web presence reduces the perception
of corruption in a country.

Challenges and limitations
In
spite of its potential, the use of ICTs for anticorruption is not a
magic bullet. The realisation of its full E-readiness is the ability to
use ICTs to develop a country’s economy and institutions.
E-participation is the use of ICTs for enabling and strengthening
citizen participation in democratic decision-making processes.
Technological innovations to identify and reduce corruption potential,
depends on political, infrastructural, social and economic factors.
Significant challenges in terms of internet access, confidentiality, and
costs related to the implementation of ICT solutions remain to be
addressed

Political environment
The
prerequisite for the success of ICT solutions is an enabling political
environment that promotes and protects free speech. This conflicts with
the experience of many countries, in which governments have made efforts
to control the development and use of ICTs.

Potential for misuse
ICTs
can be used and misused for social mobilisation. A case study of the
2007/2008 Kenyan presidential election crisis illustrates how digital
technologies can serve as catalyst for predatory behaviours such as
ethnicity-based mob violence (Goldstein J. and Rotich, J.). There is
also a risk of ICTs being misused by undemocratic governments for
control. Such discussions have arisen in Uganda in relation to the
debate about the proposed Interception of Communication Bill, which
sought to authorise security agencies to intercept phone, e-mails and
postal communication for national security reasons. Infrastructural
environments: Worldwide, over a billion people have access to the
internet and can use new information and communication technologies for
development and good governance. However, a vast majority of the world’s
population is still without internet access and thus cut off from these
tools and innovations (Spider, 2010). While mobile phone penetration is
progressing at rapid pace, obstacles remain to universal internet
access. In particular, the lack of backbone links limits the
connectivity between different regions of the world. A series of new
marine and terrestrial cables is currently under construction and it is
expected that it will eventually increase capacity and reduce the cost
of internet access worldwide. The first of these, the SEACOM cable,
eastern Africa’s first modern submarine cable, was completed in 2009
(The Economist, 2009). The lack of reliable access to electricity in
some developing countries can also be an obstacle, making it difficult
and costly for people to charge their phones and other devices,
especially in rural areas. Tech support systems are also usually weak
and hard to reach in developing countries.

Security and confidentiality
There are significant security challenges associated with the use of mobile phones for reporting corruption. If the system is poorly designed or vulnerable, the whistle-blower risks being identified or the message intercepted. In China, for example, the government has allegedly established a SMS monitoring programme to monitor and censor text messages, by setting up SMS surveillance centres around the country (USAID, 2008). According to USAID, plain text messages should not be considered secure, particularly when it is possible that the receiver or sender has been placed under surveillance. Many governments are also putting pressure on operators to register SIM cards to be able to connect a person to the SIM; some countries already require identification for purchasing a SIM card, which may facilitate the identification of the user. The challenge is therefore to secure confidentiality when sensitive information is being communicated.

Operational issues

Operational issues can also be obstacles to the effective use of ICTs. They include usability and the limitations of mobile phones (small screens, short messages, and complicated commands), regulations and legal aspects of mobile applications, costs, payment, revenue sharing, etc. Some services are tied to a specific operator, creating challenges of interoperability between operators and roaming between countries (Hellström, J., 2009).

2.    Examples of technological innovations to identify and reduce corruption

There are multiple ways in which ICTs can contribute to identify and reduce corruption and bribery:
Technologyinnovations can be used by governments to improve the efficiency and transparency of public administration and to better communicate with and provide information to citizens;

  •     It can also be used by citizens and civil society to raise awareness about the issue of corruption, to report abuses, to collect data and to monitor government activities:

  •   The use of ICTs to fight corruption has increasingly served as an avenue to bring the tech community closer to activists and civil society, through the phenomenon of “hackathons”.

   The latest

International Anti-Corruption Conference hosted a hackathon focused on finding innovative ways to fight corruption using new technologies. More concretely, a broad range of initiatives have been successfully implemented in the last decade throughout the world as reflected by the examples below.

  ICTs for reporting

Technology provides effective new channels to report administrative abuses and corruption, and facilitate the lodging of complaints. Reporting can be done via websites, hotlines or phone applications that solicit and aggregate citizens’ experience of corruption.

Reporting bribery and petty corruption

Perhaps the most renowned corruption reporting website is Janaagraha Centre for Citizenship’s ipaidabribe.com. Through this website, citizens can report on the nature, number, pattern, types, location, frequency and values of actual corrupt acts that they experienced. Ipaidabribe.com received almost 22,500 reports between 2010 and 2012, some of which were picked up by the media and resulted in arrests and convictions (IACC, 2012). On the same website, citizens can also report on positive experiences they had with honest officers. The initiative started in India but has now been duplicated in Greece, Kenya, Zimbabwe, and Pakistan. New versions of ipaidabribe. com will soon be launched in Azerbaijan, South Africa, Ukraine and Tunisia. Transparency International has opened over 50 Advocacy and Legal Advice Centres (ALACs) since 2000 to receive citizens’ complaints about corruption and engage in strategic advocacy on people’s behalf. TI Macedonia has launched an online reporting platform called Draw a Red Line which allows individuals that have experienced or witnessed corruption to report their cases via ONE (Mobile Operator) by sending SMS from their mobile phones, sending an email, using a web form, on twitter by using the hashtag #korupcijaMK or by reporting over the phone. The reports are then verified by TI Macedonia staff and forwarded to the appropriate public institution to solicit follow-up. In 2012, Draw a Red Line received about 200 reports, 60 of which were verified. A number of global reporting platforms have also been developed in recent years. BRIBEline is a reporting website available in 21 languages that was initiated by TRACE. BRIBEline collects information, through anonymous complaints, about bribes solicited by certain official or quasi-official bodies – governments, international organizations, security forces, state-owned enterprises, etc. – throughout the world. The information gathered is used to take legal or investigative action and the aggregated data is made available to the public to raise awareness about specific corruption challenges.


Mapping bribery and petty corruption

Bribe Market is a similar initiative developed in Romania that allows citizens to share their experiences of bribery when interacting with public services and the amount of money they had to pay. This initiative was developed in 2012 thanks to the support of the Restart Challenges competition financed by TechSoup Global, the Central and Eastern European Trust for Civil Society, US embassies and Microsoft. Within its first four months of existence Bribe Market received nearly 650 reports of corruption. Reports are mapped to help people identify which service providers are the “cheapest” and the least corrupt (IACC, 2012).

Reporting electoral fraud

Mobile phone reports have also been adapted for citizens election monitoring. In the Philippines for example, during the 2010 presidential elections, the VoteReportPH project encouraged voters to report electoral fraud and irregularities via SMS, email, Twitter and the website, using a collaborative Ushahidi-based platform2. The project has gained much online popularity, attracting around 2,500 unique hits per month (Grönlund, A. et al, 2010). In Uganda, Ugandawatch 2011 is an independent hotline that allows citizens to report problems, fraud and irregularities during the electoral process. The organisations involved then analyse the information and publish reports covering issues such as voter registration issues, money in politics, as well as violence and intimidations (Hellström, J., 2010).


ICTs for monitoring

ICTs are increasingly used to monitor budgets, projects and government activities, as well as to request official information.

Access to information

Alaveteli is a free social email software that is used by citizens to request information from their government. Alaveteli facilitates the correspondence with the relevant authorities and keeps track of all requests and their responses. Alaveteli was funded by the Open Society Institute and the Hivos Foundation and has supported the launch of many FOI websites, such as the EU’s Ask The Eu, Brazil’s Queremos Saber and Kosovo’s Informata Zyrtare.

Budget monitoring

Openspending.org is an Open Knowledge Foundation initiative promoting open knowledge and data, particularly regarding government budgets through a mapping of money flows. The aim of Openspending.org is to help track every government and corporate financial transaction across the world and present it in user-friendly and engaging forms. The project is participative and has been taken up in several countries: Transparency International Slovakia launched Slovakia Openspending in early 2013, presenting budget and expenditure information from more than 20 cities across Slovakia; the World Bank launched Cameroon Budget Inquirer, in collaboration with Opensepending.org, to visualise the national investment budget, to provide a sub-national budget transparency index and to allow people to easily explore the country’s financial data.

Monitoring of political life

ICTs can also serve to monitor a country’s political life, from political party financing to Parliament activities. Argentina’s PoderCiudadano launched the website Dinero y Politica to present data on political party finances. This website has become a point of reference for information regarding political and campaign financing and offers data from national elections dating back to 2007. In France, a group of citizens formed Regards Citoyens to provide official information about the country’s political life (votes and debates at the National Assembly and at the Senate, database of lobbying activities etc.) in a simplified manner. The Czech and Slovak website KohoVolit keeps records of the proposals and positions of electoral candidates before elections and monitors whether candidates and parties’ actions while in power match their campaign programmes and pledges.

Monitoring of social services

In recent years, many social accountability projects have started using ICTs to monitor the delivery of different social services. Transparency International Germany recently launched an online platform to monitor the connections between the business community and German Universities. Hochschulwatch maps the money received by German higher education institution through corporate agreements. A good example of the use of new technologies is the Philippines’ Check My School project. Check My School is a participatory monitoring tool combining ICTs and community monitoring to look into use of public funds by schools. The objective of the project is to help the Department of Education identify resource gaps. ICTs have also been utilised in the health sector. TI Uganda has recently launched a project on “Promoting social accountability in the health sector in northern Uganda”. This project empowers health users to monitor local health centres through the use of the radio, call centre operations, mobile phones and web applications.

Monitoring of the judiciary

ICTs can also help monitor the work of the judiciary. Guatemala is a country where impunity is a serious problem, partly due to the politicisation of the appointment of judges. Guatemala Visible is an online platform, set up and maintained by civil society organisations, that monitors the selection of the Auditor General, the General Prosecutor, the Public Defender, the Ombudsman and other key judiciary officials. Guatemala Visible has so far succeeded in publicising information about candidates to senior judicial positions, compelling the nomination committees to conduct rigorous background checks and scrutinize unqualified candidates (TAI, 2010).

Monitoring of illegal logging

The use of satellite images/cameras to monitor illegal logging is currently being explored within the context of the initiative for Reducing Emissions from Deforestation and Forest Degradation (REDD). There are major corruptions risks associated with carbon emissions reduction schemes such as REDD. First, REDD takes place in a corruption-prone sector, where corruption is widespread in the form of state looting, elite capture, theft and fraud. In addition, there are specific governance challenges associated with emerging forest development practices and carbon trading schemes, such as inappropriate validation and verification, misappropriation of carbon rights, double counting and fraudulent trade of carbon credits. Satellite Imaging Technology (Remote Sensing) can be used as a tool for monitoring, assessing, reporting and verifying carbon credit and co-benefits. Such technologies are currently widely tested and suggested as a tool for REDD monitoring, assessment and verification (UN-REDD Programme, 2008).

ICTs for data collection

In parallel to online reporting, ICTs can be used to collect and aggregate data to make certain arguments more compelling. Hungary’s K-Monitor has built a database of media reports concerning corruption, searchable by location, political party, sector etc. This initiative had collected, categorised and published over 20,000 reports in 2012. Similarly, although not directly related to corruption, Cambodia’s Human Rights Portal, sithi.org, maps reported cases of journalist assassinations, media harassments, land conflicts and other similar human rights violations. This website aims to provide information on the human rights situations in Cambodia to raise public awareness and improve the understanding of human rights in this specific context.

ICTs for campaigning, social mobilisation and citizen-to government interaction

Citizen mobilisation

ICTs can also be used for citizen mobilisation and awareness raising campaigns. Mobile applications can be designed to reach the majority of mobile subscribers through outreach/publicity campaigns using SMS. Organisation running such initiatives need to build a substantial data base of targeted subscribers with active phone numbers, which can prove challenging. (An example of similar approaches is the campaign run by #InternetNecesario in Mexico, which used a combination of twitter, blogs posts and media outreach to put pressure on Mexican legislators to eliminate a 3% tax on internet access which was passed without civil society consultation (Technology for transparency Network, 2010). ICTs can also be used to mobilise people and raise awareness through art. In Tanzania, Chanjo, a collaborative project between musicians, aims to combat corruption through art, mobile phones and social media. The Chanjo project is structured around concerts and tours throughout the country followed by public discussions and debates about corruption. The music tour organised by the artists through Tanzania is coupled with the free distribution, through mobile phones and internet, of songs about corruption issues. The use of internet and social media allowed the project to reach almost 11,000 people between October and December 2011 (Spider, 2011).

Government-citizen interactions

ICTs can also be used to promote more direct interactions between governments and citizens and empower citizens to influence local governance in their constituency through the use of SMS and the Web. In Kenya, for example, several initiatives enable mobile phone users to pose questions to their local parliamentarians, in order to increase bottom-up communication and citizen-to-government interaction. BungeSMS, a commercial vendor from South Africa, has designed a platform for holding Kenyan Members of Parliament accountable. Citizens can send an SMS to a MP through a designated number which is then routed to the BungeSMS website

E-government initiatives

ICTs are increasingly used by governments all over the world to deliver government information and services to citizens, to enhance the efficiency and transparency of public administration and to better interact with citizens. E-government plays an increasingly important role in the promotion of participatory and inclusive development and democracy, and has grown in parallel to the rising demand for government transparency and accountability (UNPAN, 2012). Numerous e-government initiatives have been successfully implemented in the last decade and those provided below are just a few examples.

E-procurement

E-procurement was one of the first applications of ICTs in government activities. E-procurement is the replacement of paper-based procedures with ICTs throughout the procurement processes. E-procurement can reduce administrative costs, speed up the process, increase transparency, facilitate monitoring, encourage cross-border competition and support the development of a centralised procurement administration. South Korea adopted its Government e-Procurement System (GePS) in 2002, providing integrated bidding information as a one-stop shop for customers and enabling the electronic processing of the entire procurement process. The bidding system and procurement information are available through mobile phones. According to the OECD, South Korea’s e-procurement system has significantly reduced the risks of corruption, through the enhanced transparency made possible by the digitalisation of information, and increased competition (OECD, 2005).

E-taxation

Governments also use ICTs for tax collection and payment, with the objective of making the system more transparent and efficient, and to cut out potential corrupt tax collectors. E-taxation has been implemented in 77 countries throughout the world, which is equivalent to 40% of the United Nations’ member states. An increasing number of developing countries, such as Tunisia, Sao Tome e Principe and Cape Verde, have opted for electronic tax collection to accelerate the tax processing time and ease the process of paying taxes, (UNPAN, 2012).

E-judiciary

ICTs offer considerable potential to improve the way the judiciary operates both nationally (filing, archiving, protection of evidence, reporting, traceability) and internationally (international judicial cooperation, training). E-judiciary has helped make workflows more efficient and court proceedings more transparent (Zinnbauer, 2012). In addition, it informs citizens of their rights and can contribute to simplifying procedures (Velicogna, 2007). India, for example, has implemented a number of ICT-based initiatives in its judiciary, like the e-justice process, to provide better access to justice for Indian citizens. Turkey has launched an SMS judicial information system, offering a legal notification service for citizens and lawyers about any development concerning their cases (UNPAN, 2012).
Electronic identification

New technologies have been used to modernise the process of citizen identification and distribution of social services and benefits. The digitalisation of the procedure to obtain an identity card, E-ID cards and biometric proof of identity captured in electronic authentication mechanisms can have the potential to make the system more accessible, transparent and accountable. Such initiatives can reduce corruption risks in the distribution of social benefits and services, as well as in international aid (Zinnbauer, 2012).

Financial transactions

In 2009, the Afghan National Police began to test paying salaries through mobiles instead of cash, using a text and interactive voice response system. Most policemen assumed that they had been given a significant raise in salaries, while there were simply receiving their full pay for the first time. The new system revealed that in the past at least 10% of payments had been going to ghost policemen and that middlemen in the police hierarchy commonly pocketed a percentage of other policemen’s salaries (Rice, D and Filippelli, G.,2010).The Better Than Cash Alliance, uniting governments, private sector companies as well as the development community, is advocating for organisations to carry out their distribution of benefits, salaries and other payments in electronic form. The Alliance provides research as well as policy and technical assistance on transition to electronic payments.

Cancerous Corruption

fiogf49gjkf0d
Anti-corruption Bureau:
Right to Information is an effective tool to contain corruption. When bureaucrats realise that they will be exposed to scrutiny because of RTI applications, they are afraid to do the wrong thing and do not take a bribe. But many believe that such fear is now less than it was in earlier times.

Hence RTI plays a preventive role. However, it cannot result in catching an individual who demands and takes bribe. That role is played by CBI and ACB. Presently ACB is headed by DGP Praveen Dixit. He has made ACB very vigilant and dynamic. In this month (December) Trustees of Public Concern for Governance Trust (PCGT) of which I am Jt. Managing Trustee, had a dialogue with him. PCGT and ACB finalised the arrangement to launch a device in Whatsapp format to facilitate anyone to make a complaint on bribe-seekers to ACB from anywhere in Maharashtra. (Please see BCAJ issue of August 2014 for more on this device). On my request, Mr. Dixit has agreed to write for this feature in a month or two.

Crime Records:
The number of crimes reported in different government departments in 2014 has already seen a 104% rise than last year. Breaking its 10-year record, the ACB has registered 1,199 corruption cases from 1st January to 30th November, while the figure was 583 last year.

According to the Anti-Corruption Bureau data, the revenue department is the most corrupt department, where 297 cases were registered and 392 of its officials caught so far, followed by the state police department where 383 cops were arrested for taking bribes in 273 offences. The gram panchayat department had 171 of its officials booked for graft in 89 cases, while 118 and 53 corruption cases were registered against urban development department and the BMC officials respectively. A total of 71 officials for the education department have been caught.

“Unscrupulous officials do not spare the challenged or senior citizens. Corrupt babus don’t care if their victim is disabled, for whom life is a struggle every day. They just want their needs to be satisfied.” Said DGP (ACB) Praveen Dixit. “Due to the awareness, more people are reporting such offences and so, the number of registered cases has also risen.”

Reasons for seeking bribes:
The reasons for seeking bribes vary from renewal of licenses, deleting the names of deceased persons from property cards, leniency in criminal cases to even getting sanction for maternity leave. Cases documented in the ACB report show the bribe amount has varied from as little as Rs. 50 to over Rs. 2 lakh.

Citizen’s role to contain bribeseeking:
Uday Aphale, deputy SP (ACB), Kolhapur said mere arrest of corrupt employees would not stop corruption. “People should be aware of their rights and fight for them. If people decide to not pay a bribe, the government employee will not dare to ask them for money. This is a key way to keep a check on corruption,” he said. He said awareness drives among visitors to government offices have helped increase the number of complaints registered.

Business & Graft:
Gone are the days when multinationals could book bribes paid in far-flung countries as tax-deductible expenses. These days would-be palm-greasers have to contend with ever-tougher enforcement of old laws, such as America’s Foreign Corrupt Practices Act of 1977, and a raft of new ones on countries from Britain to Brazil.

As policing is stepped up, however, much about the practice of bribery remains murky. The OECD’s first report of the subject, published on 2nd December 2nd, sheds some light by analysing more than 400 international bribery cases that have been brought since the antibribery convention of this group of mostly rich countries came into force in 1999.

Some findings confirm what was known or suspected. The most bribe-riddled sectors are oil, gas, mining, construction and transport. At the other end of the spectrum, financial services and retailing are fairly clean. Most bribes go to managers of state-owned companies, followed by customs officials. And America leads the enforcement pack, with 128 cases that resulted in sanctions.

But the report also undermines some common beliefs. Bribery is not a sin of rogue employees or poor countries. In 53% of cases, payments were made or authorised by corporate managers. More than 40% of the time, the bribe taking official was in a developed country (though this figure is probably inflated by rich countries’ greater willingness to criminalise bribery and co-operate with cross border investigations). Authorities are often alerted by firms themselves: those that co-operate quickly are often treated leniently.

The cost of bribery varies by industry. Builders pay a modest average of 4% of transaction’s value, extractive companies a hefty 21%. Add to that the rising costs of paying penalties and conducting internal probes – these cost Siemens, for example, $2.4 billion when it was mired in a graft scandal a few years ago – and bribery starts to look bad not just for reputations, but also for bottom lines.

—The Economist

Transparency International Corruption Perception Index 2014:
The Corruption Perception Index ranks countries and territories based on how corrupt their public sector is perceived to be. A Country or territory’s score indicates the perceived level of public sector corruption on a scale of 0 (highly corrupt) to 100 (very clean). A country or territory’s rank indicates its position relative to the other countries and territories in the index. This year’s index includes 175 countries and territories. First 10 least corrupt countries:

India ranks at 85 along with 8 other countries with thesame score 38. They are:

Asian Countries: India and its neighbors

The above chart shows that only Bhutan is much ahead in containing corruption. All other 7 countries are behind. India has improved its rank, while for China it is other way round. For the first time in 18 years, India ranks as less corrupt than China. India ranks an otherwise depressing 85th, but has improved by jumping 10 places. China, on the other hand, has fallen 20 places to rank No. 100 despite Chinese President Xi Jinping unleashing a massive campaign against corruption and arresting a number of high profile politicians and military leaders.

-Jose Ugaz, Chair, Transparency International writes: “Countries at the bottom need to adopt radical anticorruption measures in favour of their people. Countries at the top of the index should make sure they don’t export corrupt practices to undeveloped countries.”

levitra

Cancerous Corruption

fiogf49gjkf0d
“BJP defending communalism with nationalism.
Congress defending corruption with secularism. India living with
corruption as nationalism.”
– Ranvir Shorey.
Actor

Anti-Corruption Bureau of Maharashtra:

The Anti-Corruption Bureau (ACB) plans to set up regional and zonal
offices across the city and state, following its success in trapping
many bribe-seeking government officials recently. Its office is in a
remote place at Pochkhanawala Road in Worli, and is not easily
accessible. The registration of complaints online has not helped much.
The ACB sources said the home department is likely to approve the plan
soon. If all goes according to plan, the ACB, like the Mumbai police
commissionerate, in the initial stages will be able to set up at least
four regional offices in the South, Central, North-West and North-East
Mumbai.

• The Anti-Corruption Bureau (ACB) on 17th July launched
four mobile vans that will transverse the city and encourage citizens to
register corruption cases on the spot. Home minister R. R. Patil
flagged off these vehicles at the ACB’s Worli office.

The vans,
each manned by four cops, will be deployed in four regions of the city.
The south region van carrying banners with anti-corruption slogans shall
move in the areas of Mantralaya, the Bombay High Court, the old custom
house, sessions and other metropolitan courts, Public Works Department,
BMC, state and city police headquarters etc.

Director-General of
Police (ACB) Praveen Dixit said, “Our motto is to reach out to more
people who are compelled to pay bribes. Generally, people avoid
approaching us, but if we are at their doorstep we feel it would make a
lot of difference.” Additional CP, Vishwas Nangre-Patil said that on the
first day there was a good response from the public.

• A deputy
collector, a public works executive engineer, a senior police
inspector, and a principal of a leading college were among the 508
public servants trapped by the Anti-Corruption Bureau (ACB) in 375 graft
cases in the first four months of 2014. Significantly, in the entire
last year; the ACB had arrested 281 erring officials in 216 cases.
According to ACB records, the highest number of erring officials caught
this year was from the State Home Department (87), followed by Revenue
Department (79), Municipal Corporations (25), State Electricity
Distribution Company (16) and land records (11). More shocking was the
fact that a few senior police inspectors were caught taking bribes in
the police station itself. Admitting that the data was worrying, Mumbai
Police Commissioner, Rakesh Maria said he was determined to end the
menace. “I had a meeting with all deputy, additional and joint police
commissioners, and have drafted a comprehensive action plan to take on
the erring officials. The results will be visible in a time-bound
period,” he said. “We have prepared a list of the erring officers. We
will counsel them and take action against them. But if there is no
improvement, we ourselves will submit the list to the ACB for further
action.”

• In the above connection, it is interesting to note
what Mr. Julio Rebeiro, Chairman of Public Concern for Governance Trust
wrote in July to Mr. Pravin Dixit. Same is reproduced hereunder:


Graft Busters: Anti-Corruption Bureau (ACB) directorgeneral Pravin
Dixit has analysed every case registered by them under the Prevention of
Corruption Act. Significantly, his report on department-wise analysis
and the bribe details has been uploaded on the ACB’s website. Dixit
analysed the data of 36 departments and found that even for a minor
task, a bribe of Rs. 3 lakh is sought. In the civic body, one does not
get an NOC without paying off clerical staff, even for an early hearing
before the minister of state for revenue one has to shell out a bribe.
There was scope for graft in deletion or addition of names in the ration
card. The bribe amount was small, but alterations were not made without
greasing the staffer’s palm. From Dixit’s investigation, it has been
established beyond doubt that without coughing up money, even routine
work was not possible for a common man. According to the graft
investigator, in the departments of home, revenue, public health, public
works, law and judiciary, finance, urban development, energy, transport
or education, kickbacks were the norm. Dixit has done his job, if
bureaucrats study the report and amend the existing procedure for
obtaining routine certificates, it will be a huge relief for the aam
aadmi.

“Our intern, Rafael Pereira has helped to devise a
complaint in a Whatsapp format to facilitate anybody with a mobile
internet connection to make a complaint to the ACB whenever one comes
across an instance of corruption. The web based application may also
prove to be an attraction for the youth who are mostly electronic-savvy
and make them involved in the anti-corruption campaign.

We, at
the Public Concern for Governance Trust (PCGT), are ready to bear the
cost of the server and in collaboration with The Bombay Coding Company,
will be able to produce the application free of cost to ACB, in public
interest.

Hope we can start work on this application right away with your final nod.”

Transparency International
Corruption Perceptions Index 2013: Corruption remains a global threat:

• The Corruption Perceptions Index, 2013 serves as a reminder that the abuse of power, secret dealings and bribery continue to ravage societies around the world.

The
Index scores 177 countries and territories on a scale from 0 (highly
corrupt) to 100 (very clean). No country has a perfect score, and
two-thirds of countries score below 50. This indicates a serious,
worldwide corruption problem.

The world urgently needs a renewed
effort to crack down on money laundering, clean up political finance,
pursue the return of stolen assets and build more transparent public
institutions.

“It is time to stop those who get away with acts of
corruption. The legal loopholes and lack of political will in
government facilitate both domestic and cross-border corruption, and
call for our intensified efforts to combat the impunity of the corrupt.”

– Huguette Labelle, Chair, Transparency International

• Hereunder 10 countries with highest score:


Corruption and Media:
Research has shown that free and vibrant media is associated with lower corruption and a better response from governments.

Rudiger
Ahrend of the London School of Economics investigated connections
between corruption, human capital and press freedom in 30 countries. He
convincingly shows that lower level of press freedom is associated with
higher level of corruption throughout the world. The interesting part of
the finding was that mere increase in educational levels does not lead
to reduction in corruption. Corruption falls only in cases where higher
levels of education among the electorate are accompanied by increase in
freedom of press. In fact, a standalone increase in education sometimes
leads to increased corruption as the educated elite collude with
nefarious elements in society.

The above conclusions are not based on mere existence of negative correlations between freedom of press and corruption. Careful academic studies control for the influence of other factors that can influence both variables under study. For example, it is possible that some countries are less corrupt because of cultural reasons. It is possible that such countries also have a free press. Thus the driving force behind lesser corruption may be the dominant culture.

To control for such influences researchers use country fixed effects, which take care of all time invariant factors that are common to a country. it is possible that corruption gets reduced only during a year or so due to some event, such as the Anna Hazare movement. Such influences are taken care of by using time invariant effects. researchers also control for the impact of time varying factors such as economic growth, openness to trade, etc. After controlling for the influence of all these factors, they robustly estimate that increased press freedom is associated with lower levels of corruption.

Corruption Charge Against The Judge of The Bombay high court:
In a first of its kind courtroom drama, a defendant leveled allegations of corruption against a Bombay high Court judge, and asked her to recuse herself from the matter. The incident occurred during the hearing of the case between the Kuwaiti Royal family and film producer Sanjay Punamiya, pertaining to ownership of a Marine Drive flat. Punamiya’s advocate told the court that he was allegedly promised a favorable order if he coughed up rs. 25 lakh, and that he has filed a complaint against the judge with Chief justice of HC, CBI, among others and hence she should not hear the case.

Justice Roshan Dalvi, who was hearing the case, however, refused to relent and said that she will continue hearing the case. she asked for a copy of the complaint that Punamiya’s lawyers OD Kakade and Nilesh Ojha had filed against her. She then went through the nine-page complaint, while counsels representing faisal essa, former Kuwaiti consul- general and caretaker of the property waited.

The complaint alleged that Punamiya met justice dalvi’s husband shamim dalvi in march through another lawyer, and alleged that he was promised a favorable order in the case to be heard by justice dalvi if paid the amount. the meeting allegedly took place on 19th april in shamim dal- vi’s office at Yusuf Building in Fort. “Shamim Dalvi told the applicant (Punamiya) that he will have to pay an amount to get a favourable order.”

It is now reported:
Film producer sanjay Punamiya, who is facing contempt proceedings after he accused the Bombay high Court justice roshan dalvi of corruption, has once again tendered an unconditional apology to the judge, and has also submitted an assurance that he will not make such allegations against the high Court judges.

Placing  the  contempt  proceedings  before  Chief  justice mohit shah, justice dalvi noted that apologies tendered by Punamiya and his lawyers were “unacceptable,” that the affidavit filed by them shows “aggravated contempt.” She also noted that Punamiya and his lawyer had made “false unsubstantiated, scandalous and contemptuous allegations about the court’s integrity.”

Punamiya, now represented by senior counsel Pradeep sancheti, told a high Court division bench of Chief justice Mohit Shah and justice M. S. Sonak that he wanted to submit an affidavit withdrawing the allegations.

The  bench  drew  the  attention  of  sancheti  to  the  provisions of section 13(b) of the Contempt of Courts act, 1971, which provides that in any contempt proceeding, truth would be a valid defence if the court is satisfied that the allegations were true and in public interest.

Chief justice shah and justice sonak noted: “the appellant (Punamiya) wants to unconditionally withdrew the allegations set out in his letter/representation dated 5th may, 2014 and that he wishes to tender unconditional apology to this court with an assurance that he would not indulge in making such allegations against this court or any of the judges of this court.”

[All the above stories and information have been excerpt- ed from various press reports.]

Cancerous Corruption

fiogf49gjkf0d
SRA Scam
An RTI request sent in July this year by the High Court Advocate Manoj O. Singh has revealed what could possibly be another big scam in the already chequered history of the Slum Redevelopment Authority.

Singh, who represents Samala Narsaiyya Ramulu and Narsavva Konka, who live in a slum near Worli Naka, wanted to check with the SRA as to why certain names had been included in a massive redevelopment project when the list was revised in 2012.

The SRA’s response said that in 2013, they had received a letter from the Brihanmumbai Electrical Supply and Transport Undertaking (BEST), saying that many of those who had been included in the second list had electric supply to their homes and establishments dating before 1995 turned out to be based on a forged letter.

Now, the state housing minister Prakash Mehta has ordered an inquiry into the matter.

The mystery letter
This particular SRA project concerns three slum pockets now merged into one — Shiv Ganesh and Shiv Sainath Cooperative Housing Societies — near Worli Naka with 753 residents. Singh claims that the builder, Om Omega Shelters, falsely hiked the number of dwellers eligible under Development Control Rule 33 (10), in order to claim a larger building area. As per rules, the more the number of slum dwellers a builder rehabilitates in a new construction for free, the greater the FSI he gets to build a new building on the same land, which he is allowed to sell in the open market. Singh estimates that, in this case, Om Omega Shelters has managed to get somewhere close to 10,000 square feet extra, by including names of nearly 100 dwellers in the revised list.

Showing Sunday Mid-day the RT I responses he received, Singh states that the SRA revised its original 2009 list prepared by BMC (which included nearly 500 eligible slum dwellers from the above mentioned co-operative societies), based on a letter from the BEST, which said that the new names were eligible.

Corruption Charge:
A government official cannot be convicted under corruption charges merely on the basis of recovery of bribe money and it is essential to prove that he had demanded money, the Supreme Court has ruled.

A bench of Chief Justice H. L. Dattu and Justices V. Gopala Gowda and Amitava Roy said the proof of demand is an “indispensable essentiality” for establishing an offence of bribe and acquitted an assistant director of technical education department of Andhra Pradesh despite allegedly being caught red-handed for taking Rs. 500 bribe in 1996.

“The proof of demand of illegal gratification, thus, is the gravamen of the offence under Sections 7 and 13(1) (d) (i) & (ii) of the Act and in absence thereof, unmistakably the charge therefore, would fail. Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof …… would thus not be sufficient to bring home the charge under these two sections of the Act,” it said.

The court said mere recovery of money would not prove the charge and it has to be proved that the accused had demanded the bribe and had voluntarily accepted the money.

“Mere possession and recovery of currency notes from an accused without proof of demand would not establish the offence. It has been propounded that in the absence of any proof of demand for illegal gratification, the use of corrupt or illegal means or abuse of position as a public servant to obtain any valuable thing or pecuniary advantage cannot be held to be proved,” the court said.

Preventing Corruption etc. at BCCI:
Mr. Shashank Manohar, after taking charge as the president of Board of Control for Cricket in India (BCCI) listed out the issues that he would take up immediately and carry out certain reforms within the next 2 months. One of them is prevention of corruption.

Preventing corruption:
BCCI will lay down norms and take forward measures to prevent corruption. There will be programmes to educate players. Board will meet govt. officials to see if it can get certain investigative agencies.

Accountability:
Accounts of all state associations, have their own internal auditors. A system to be introduced by which accounts of all affiliated units would be reviewed by an independent auditor appointed by BCCI, after which further money would be released to these associations.

Transparency:
There is grievance that the Board is not transparent and everything is kept under wraps. For this, BCCI will put the constitution and all rules on its website and expenditure beyond Rs.25 lakh will be listed so that people are aware of the spending. There are two powers vested with the president. At the AGM, there is a chairman’s vote and a casting vote. Manohar will not exercise the right of the chairman’s vote at the AGM till the constitution is amended.

Criminals in Bihar Polls:
First phase:
22% candidates face serious criminal charges.
130 candidates have serious criminal cases pending against them.
174 candidates have criminal cases.

Second phase:
142 candidates declare criminal charges.

Third phase:
27% candidates have criminal cases.
Of 808 candidates, 215 have criminal record.

levitra

Cancerous Corruption

fiogf49gjkf0d
The world over, it is now realised that containing
Corruption in the business practices enhances the value of the business
enterprise and its business activities.

UN Global Compact
Network, India is the top rank NGO spreading the above findings.
Hereunder is the article printed in their publication released in Mumbai
on 6th February, 2015 (Where BCAS was a business partners and
incidentally, Nitin Shingala was one of the panelists on session on
discussion) titled:

BUSINESS CASE FOR ANTI-CORRUP TION

Section 1
Foreword
Dinesh K. Sarraf
President, Governing Council,
UN Global Compact Network India,
Chairman & Managing Director,
Oil and Natural Gas Corporation Ltd. (ONGC)

The
idea of anti-corruption entered into international development
discourse in the 1990s, defining corruption as a major global problem,
being “sand for the wheels of commerce” and affecting development
negatively. On one level, it can refer to the risk of taxpayers’ money
in Government’s projects being fraudulently spent or stolen. On another
level, it can refer to corruption within a country’s financial structure
and institutions including that in the private sector, with the
negative impact that this has on economic growth of the country.

Corruption
retards the pace of development and impedes developmental activities.
It not only suppresses the economic growth by driving up costs, but also
undermines the sustainable management of the environment and natural
resources and results in criminal activity, malfunctioning state
institutions and weak governance.

With the evolution of
economies, mandate of the businesses have moved from being profit-making
entities to socially responsible organisations. Over the past few
years, clean business has emerged as one of the primary objectives of
the organisations. One of the most efficacious recommendations for
business practice to tackle corruption has been found within the ambit
of Collective Action. The idea is simple – get companies working
together with their competitors and other stakeholders to create
decisions that are driven by economic considerations and not by corrupt
transactions.

Global Compact Network India (GCNI), in furthering
the UNGC’s 10th principle on Anti-Corruption, implemented the
Collective Action Project (CAP) from 2011-2014. This project, in a
phased manner, took up pressing corruption issues in the Indian context,
in the spheres of public procurement, bribery and fraud, supply chain
transparency and sustainability, transparency in sports and sports
related hospitality, and facilitated businessacademia dialogue in the
country.

Over the past few years, clean business has emerged as
one of the primary objectives of the organisations. One of the most
efficacious recommendations for business practice to tackle corruption
has been found within the ambit of Collective Action.

In its
first series of Pan-India consultation conducted during 2011-2012 titled
‘Ethical Business for Profitability’, CAP partnered with academicians,
civil society, chambers of commerce, and international business councils
to share their best practices which were being followed in various
sectors. This consultation resulted in CAP India’s first publication
“Raising the Bar through Collective Action: Anti-corruption Efforts in
Action in India”.

CAP conducted its second series of pan-India consultation in the second half of 2012 titled Turning Down the Demand: Cutting off the Supply – Collective Efforts to reduce Corruption in India.
The main aim of the consultations was to examine innovative ways in
which corruption could be tackled and explore ground realities that are
not factored in while constructing Anticorruption policies. The
consultations provided recommendations that became part of the second
CAP India publication – a study that showcased trends of private sector
fraud and bribery in the last fifteen years in India. This third and
final publication of CAP Project presents the Business Case for
Anticorruption in India. Many companies and business entities have
shared their practical experiences in this publication as to how they
have been investing in getting their processes and procedures in order,
so that businesses could be graftfree; and to ensure transparency in
their supply chain and procurement mechanism, irrespective of the size
of the business. I am sure this publication will be a very useful
reference for many new as well as existing business entities.

UN GLOBAL COMPAC T 10TH PRINCIPLE:

Olajobi Makinwa
Head, Transparency and Anticorruption Initiatives, United Nation Global Compact

The journey so far and the way ahead

The
world is now a global village. While the world is shrinking,
traditional roles and responsibilities of business and governments are
shifting and merging. The interconnectedness of roles and
responsibilities are much more pronounced than ever before. Private
investment, thriving entrepreneurship and vocational training are more
needed today. In a globalised world, the private sector is expected to
do much more in areas that used to be the exclusive domain of the public
sector. away from the public relations realm to a strategic one handled
at the highest levels of the company. Longterm financial success is now
seen to go hand-in-hand with environmental stewardship, social
engagement and effective governance for sustainable development. Bribery
and corruption is no longer accepted as a way to conduct business. The
current demand for transparency, integrity and accountability is
consistent all over the world. Businesses and governments, more than
ever before, are daily asked to conduct business with integrity,
openness, accountability and transparency. It is a just call. The costs
of doing business otherwise are known and such costs are no longer
accepted; it is a task that has to be embraced and a task that has to be
done. There is definitely a business case for anti-corruption and all
businesses, big or small, global or local, have to come together to set a
new path for all to take. The stage is set and is irreversible. It is a
global movement of creating a sustainable and inclusive global economy.
We therefore need to join hands to work towards reducing, if not
eliminating bribery and corruption in conducting business. There is no
other way.

Long-term financial success is now seen to go
hand-inhand with environmental stewardship, social engagement and
effective governance for sustainable development. Bribery and corruption
is no longer accepted as a way to conduct business. The current demand
for transparency, integrity and accountability is consistent all over
the world.

The United Nations Global Compact (Global Compact)
was launched in the year 2000 amidst the emerging debate on
globalisation. Business was and continues to be recognised as a key
stakeholder and driver in the international sustainable development
framework. The Global Compact, a multi-stakeholder initiative is the
world’s largest voluntary corporate sustainability initiative with more
than 8,000 business participants from developed, emerging and developing
countries. It has 80 local networks. With its ten universal principles
related to human rights, labor, environment and anti-corruption and
other platforms, the Global Compact calls on business to make
environmental, social and governance issues as important as financial
bottom lines. The adoption of the UN Convention against Corruption
(UNCAC) in 2003 led to the addition of the 10th Principle against
Corruption to stem the tide against corruption.

The year 2014 was a watershed as it marked ten years of business working collectively with the Global Compact, to work against corruption in all its forms including extortion and bribery.

Since its inception, the Global Compact’s  role  has  been that of a facilitator and a convener. It convenes international actors – government, business, investors, civil society and  academia  –  at  a  common  platform  to devise and discuss ways to further the corporate sustainability agenda and take concrete action. It is a platform for continuous improvement. Activities of the 10th Principle against Corruption manifest this convening role as well as action platform of the Global Compact in  a  most  comprehensive  manner.  The  10th  Principle globally advances its objectives through a working group comprising of anti-corruption champions from business, civil society, academia and international organisations, including the UN office on Drugs and Crime (UNODC), transparency international, the World economic Forum’s Partnering against Corruption initiative, and Global Compact local networks. With the crucial interplay between global and local, the 10th Principle working group provides continuous guidance to the Global Compact’s anti-corruption   related   activities.   The   working   group meets regularly to identify priority work and discuss topics of relevance as well as issues that will help companies to embrace and embed anticorruption in their operations.

Over the years, various task forces comprising of members of the working group have developed a number of important generic tools and resources to guide companies in the fight corruption. Companies adopt the tools and resources taking into account their own specificities. the   Global   Compact   tools   and   resources   include Global  Compact-  transparency  international  reporting Guidance on the 10th principle against corruption, a Guide for anti-Corruption risk assessment and Fighting Corruption in Sports Sponsorship and hospitality. others are un Global Compact/UNODC e-learning tool on the unCaC and the upcoming guidance on Whistle-Blower policies and Collective action in Practice, to name a few.

Corruption is one of the biggest impediments to any economic  or  social  development.  the  evil  impacts  of corruption are widely known. Private to private corruption is indeed a challenge. Small and medium enterprises bear the brunt of corruption with no leverage to fight back. The private sector can be a victim and can be a perpetrator of corruption. It is therefore of utmost importance for every effort to eliminate corruption to be done collectively. A company’s lone action, while important, may not be sufficient to fully deal with the challenges of bribery and corruption  especially  where  it  persists.  That  is  why  an african adage that says “if you want to go fast, go alone. If you want to go far,  go together” is apt. One can do a  lot by oneself but one can do the impossible with a great team. It is with this realisation and to multiply the effects of individual corporate action against corruption, companies are joining hands with like-minded companies and organisations to improve the way they conduct business and promote transparency. This type of partnership among multiple interested parties with common challenges and common objectives to turn the tide against a common foe, in this case bribery and corruption, is referred to as Collective action.

“If you want to go fast, go alone. if you want to go far,   go together” Collective action can create a more stable business climate by enhancing access to markets and allowing companies to save revenue and profits that would otherwise be lost to bribery. Collective action-led solutions arrived at by multiple stakeholders have more credibility, ownership, acceptance and their implementation is more sustainable. But collective action is indeed not easy. It requires many things, the most important is trust among companies, which is difficult to secure. This is the dilemma. Global Compact Collective action projects in 5 countries are bold initiatives that have taken the bull by its horn by laying the foundation for solid collective efforts to address corruption challenges in the 5 countries.

The 5 countries collective action projects were launched in   january   2011   to   engage   critical   stakeholders   in concerted efforts to eliminate corporate corruption. the 5 collective action projects were launched in Brazil, Egypt, india, nigeria and South africa with support from the Siemens Integrity Initiative. The 5 projects have been working with local businesses, governments, civil society and academia in these countries to create an enabling environment for dialogue, discussion and action against corruption. By facilitating ongoing dialogue between the private and public sector, the projects set the stage and offered an opportunity for a wide range of stakeholders to explore how collective action can create incentives for ethical business performance, and to discuss areas for further improvement. the Global Compact has proved to be the best incubator for these collective action initiatives.

Global Compact has leveraged these projects worldwide by disseminating information, raising awareness, calling for partnerships and collaborations through all possible mediums. These 5 collective action projects conclude in january 2015. however, the spark of action that has been ignited has the potential to shine brightly and incessantly with the commitment from business – whether local or global – and all key players in the international arena.

Brazil
Egypt
 India
 Nigeria
South africa

Collective action provides a framework for a coalition    of like-minded stakeholders (industry peers, committed government officials & policy makers, civil society academics, and business associations) to act together for a common cause.

Business    case    For    anti- corruption in India

Ms. Shabnam Siddiqui
Project Director,
UN Global Compact network india

According to World Bank estimates 0.5% of india’s Gross domestic Product (GdP) is lost due to corruption every year. in 2014 india ranked 134 on ease for Business index and 179 in terms of ease of Starting a Business amongst 189 nations in the world, the ranking being based on parameters such as dealing with construction permits, getting electricity, registering property, getting credit, protecting investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency.

Correspondingly efforts on anti-corruption have taken a front seat since the past couple of years. The beginning of 1990s saw several international organisations introducing anti-corruption  instruments  to  make  the  functioning  of businesses clean. With globalisation and business opportunities spread across  the  globe,  companies have to follow norms of several countries. Some of the strong global anticorruption convention and legislation, mentioned below, have led businesses to introduce anti- graft initiatives in their working across the world. however india still lags behind.

OCED Anti-Bribery  Convention  (officially  Convention on Combating Bribery of Foreign Public Officials in   international   Business   transactions)   adopted   in 1997, prohibits bribery of foreign officials, enhanced collaboration between law enforcement authorities of signatory countries and ban on tax deductibility of bribes to foreign public officials. These elements were borrowed by the other international legal instruments which were introduced after this convention namely united nations Convention against Corruption and UK Bribery act. Though  india  is  yet  to  ratify  the  OECD  anti-Bribery Convention, similar to the features of the convention, india has drafted Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2011 which is pending in Parliament.

the UK Bribery act on the other hand came into force in 2011 and is applicable to all companies registered in uK, its subsidiaries, as well as all non-uK companies trading in uK stock exchange. the Bribery act criminalises both the payment and receipt of a bribe and in the first of its kind of initiative the dealings with funds received as a result of bribery, could constitute a separate money laundering offense. The uniqueness of the act comes from the fact that it outlaws the facilitation payments that are permitted by several european countries.2  in the indian context,  as yet, no case has been registered under the U K Bribery Act or any action taken to cater to its requirements. However, a large number of big indian conglomerates come under the purview of this new act which has all essential features of united nations Convention against Corruption (UNCAC) which India ratified in May 2011.

Finally, the tough global act, which has reaped the maximum gains vis-à-vis penalties, is the Foreign Corrupt Practices act (FCPA), a US legislation which prohibits United States companies and their employees, officers, directors and agents from paying or promising to pay bribes to foreign officials, political parties, candidates or their conduits to obtain or retain Business. The provisions of FCPA demand a comprehensive Compliance Program, along with a due diligence process for companies. In the last five years, the top ten cases of financial penalties under FCPA have fetched penalties to the tune of USD
4.4 billion4. FCPA, in the recent times, had incidence on the business operations in india wherein in march 2011, Wal-Mart, US Retail giant signed a joint venture with Bharti enterprises, an indian conglomerate to set up its stores in india. However, cases of bribery were reported. if charged guilty Wal-mart could have been penalized under the FCPA. Finding issues with the joint venture, Wal-mart in april 2014, decided to enter in the indian market alone5 and suspended its joint venture, loosing around 150 million in the course of three years.

The Bribery act criminalises both the payment and receipt of a bribe and in the first of its kind of initiative the dealings with funds received as a result of bribery, could constitute a separate money laundering offense.

Thus  with  the  increasing  extra  territorial  reach  of  the Foreign Corrupt Practices act of the US and the UK Bribery act, UNCAC compliance and reporting, OECD anti-Bribery Convention, Partnering against Corruption initiative of World economic Forum, and anticorruption Working groups of un Global Compact and Business 20, there is a larger emphasis on corporate governance, transparency, responsibility and accountability.

Even as companies are exposed to multi-jurisdictional laws and regulations, compliance and its monitoring have become an existential issue for most companies. India is trying to address the issue of corruption by making legislative changes, ratifying international conventions and adopting technology in its administrative functioning. However, merely rules and regulations will not address the issue. It is important that the business stakeholders are committed and come together to participate in the fight against corruption.

Business case for anti-corruption

the indian general election of 2014, fought on the plank of good governance and transparency, gave Mr. Narendra modi, the current Prime minister of india, a mandate for ensuring a clean and transparent governance agenda,   a mandate that has triggered a new-found urgency in  the efforts of corporate india to curb corruption in their operations.

Hong Kong-based mini vandePol, who heads the global compliance practice at international law firm Baker & Mckenzie observes that “Over the past five years, Indian companies politely listened when we spoke of tackling bribery and other compliance risks and told us that we don’t understand how things get done with the indian bureaucracy….Since the recent elections won on the premise of being corruption-free, a lot  of  companies  are interested in starting afresh on building robust compliance systems to tap more markets and rope in new foreign investors.”6mini vandePol, has received advisory mandates  from  over  a  dozen  Indian  firms  in  the last six months from sectors such as defence, manufacturing and it.

Within the changing national and global scenario Global Compact network india proposes the Business Case for anticorruption in india. A business case for anticorruption assists in four ways: reduces legal liability, increases business opportunity, enhances company reputation and boosts the morale and trust of company personnel.

With the increasing extra territorial reach of the Foreign Corrupt Practices act of the US and the UK Bribery act, UNCAC Compliance and reporting, OECD anti-Bribery Convention, Partnering against Corruption initiative of World economic Forum, and anticorruption Working groups of un Global Compact and Business 20, there is a larger emphasis on corporate governance, transparency, responsibility and accountability.

Printed with the permission of Shabnam Siddiqui, Project director of UN Global Compact network india.

Cancerous Corruption

fiogf49gjkf0d
Modi government & Corruption:
An opinion poll conducted by Times Now to mark one year of the NDA regime has given thumbs down to the Narendra Modi government on price rise and its promise to bring back black money, but has hailed it for curbing corruption while disagreeing with the Congress charge that it was a ‘Suit Boot Ki Sarkaar’.

The poll result: 52.3% say that the Modi Government has curbed the corruption while 40.7% say NO.

BJP President, Amit Shah on Corruption:
Illicit money is a consequence of corruption. Many feel the government is disproportionately focused on the symptoms, neglecting the root cause.

Not a single scam has happened during our tenure. That shows there’s no corruption. Here’s an example: Under the UPA, 229 mines were handed over to corporate houses just on the basis of loyalty. There were big industrialists of their party also. Spectrum was handed out cheaply. Out of those 229 mines, the government auctioned 20, which ensured Rs. 2 lakh crore in government coffers. We auctioned one third spectrum, compared to UPA, and got over Rs. 1 lakh crore. This shows how transparently this government works.

Transparency and Accountability:

Preamble to RTI Act states:
AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Government and their instrumentalities accountable to the governed;

In the above context, an article written by Mr. A. N. Tiwari, former Central Information Commissioner is interesting and relevant. Excerpt therefrom:

Administration has a vital bearing on a country and its people. In ancient India right from Vedic Days, it has been avowed objective of administration to be responsive, transparent, accountable and citizen friendly. These factors could be regarded as the touchstone of any administrative set up.

Transparency makes sure that people know exactly what is going on and what is the rationale of the decisions taken by the Government or its functionaries at different levels. Accountability makes sure that for every action and inaction in government and its consequences, there is a civil servant responsible and accountable to the government, the society and the people.

Different dimensions of Transparency:

Transparency is to be ensured in different dimensions namely,

i. Openness in public dealings.

ii. Right to information relating to service delivery process.

iii. Right to information relating to criteria and their applications.

iv. Right to information to public expenditure/contracts.

v. Enactment relating to Right to information.

vi. Code relating to access to information.

vii. Openness in the cost of the project, quality standard etc.

The growing power of Information Technology has opened up possibilities which did not exist previously. The rapid processing and dissemination of information is allowing closer scrutiny of administrative action.

The question arises as to what are the concomitants of a transparent administration. These could be:

i. Accountability

ii. Effective and speedy public grievances redressal system.

iii. Empowering elected local bodies in rural and urban areas and decentralised delivery of services.

iv. Review of laws, regulations and procedures.

v. Right to information.

vi. Access of the public to information from public offices and creation of facilitation counters.

vii. Code of ethics for public service.

viii.Tracking corruption and cleaning the administration. Governments are in the business of politics and power and some times in the business of diplomacy. However, the primary responsibility for securing transparency in administration lies and will continue to lie on the people themselves. A vigilant and well informed public opinion, people’s participation in administration and development, an honest media are essential for promoting a transparent and efficient administrative system.

Estonia:
Viljar Lubi, Estonia’s envoy, spoke with Indrani Bagchi about why net neutrality is vital for India, how startup strengthen democracy – and how the internet helped Estonia tackle corruption.

Excerpt:
Estonia had a huge corruption problem in the early 1990s – now Estonia is the least corrupt country in Central or Eastern Europe. Technology made a huge difference with e-governance.

My only recommendation is to implement Digital India. Estonia’s working closely with India. We are happy to help. Today’s cutting-edge technology will be ancient in five years. Technology will have to constantly evolve.

levitra

Cancerous Corruption

fiogf49gjkf0d
Mr. Stephen Covey: The lower the GDP, the higher the corruption index and India’s low GDP matches its high corruption.

Meaning of corruption
‘Cor’ means ‘Serious’ ‘Rupt’ means ‘Ruptured’. ‘Corrupt’ means ‘Seriously Ruptured’. When the system is seriously ruptured, that is ‘CORRUPTION’

Meghnad Desai (A prominent economist and Labour peer) writes: Corruption is not a microeconomic behaviour or a two player’s game but microeconomic structural distortion which connects several parts of the political economy.

Dilip Bobb, Group Editor, special projects and features of the Indian Express opines: The five sectors in which bribery and other corrupt practices are most persuasive include government and public sector; infrastructure and real estate; metals and mining; aerospace and defence; power and utilities.

The question is, does good governance translate into controlling corruption in developing economies? A recent World Bank report looked at various aspects to do with governance. One was whether good governance and anti corruption are the same thing. Governance is defined as traditions and institutions by which authority in a country is exercised for common good.

He writes “The truth is that, like death and taxes, corruption is almost a given in the Indian context and has been for many decades regardless of which government was in power.

Citizens hope that the new decisive government that India now has will contain corruption substantially if not eliminate it completely.

The latest 2014 survey commissioned by FICCI among corporates in India identifies corruption, bribery and corporate frauds as the most important risks, ahead of industrial disputes and unrest as well as political instability. Corruption was listed at the fourth place in similar survey FICCI did last year. India suffered losses of `36,400 crore due to corruption in the 12 months to September, 2013, says a survey by EY (Ernst and Young) and FICCI, excluding large corruption scandals – 2G, CWG etc.

The World Bank and IMF have some suggestions on how to tackle the menace of corruption:

a. Publicly black listing firms that have been shown to bribe in public procurement and “publish – what – you – pay” by multinationals competing for major contracts

b. E ffective implementation of freedom of information laws, (RTI in India) with easy access for all to government information

c. Disclosure of actual ownership structure and financial status of companies, media houses and domestic banks

d. Transparent (Web based) competitive procurement procedures

e. Country governance and anti corruption diagnostics and public expenditure tracking surveys

Sumant Sinha wrote in the Economic Times some time before:

The time has come for us to take our country back. Take it back from those who are either incompetent or corrupt and frequently both, from those who think nothing of exploiting others, from those who have either narrow sectarian or casteist views, from those who only think about furthering their own vested interest, from those who believe that spending time in jail on corruption charges is an act of valour to be redeemed once out on bail, from those who hobnob with such people and still state that their personal integrity is untarnished, from those who do not understand what it means to lead this great nation with its great culture and people, from the corrupt bureaucrats who have submitted themselves willingly to corruption around them, from the corruption inducing businessmen in India for whom making money at the expense of everything else is the only mantra, from the petty civil servant who has long back lost the concept of civil service and so on.

Citizens believe that the time has now come for India to redeem itself.

A recent study in Financial Times shows that relatives galore of Chinese politicians have become millionaires. The “princelings”, as children of top Chinese politicians are called, have riches that dwarf comparable Indian princelings.

Chetan Bhagat in the Times of India of 16.05.2014 listed the five areas towards which the new Government’s effort should be focused. One of them is:

Go after corruption. It bothers Indians and needs to be fixed. However at present, it also churns the wheels of our economic system.

Draconian measures or finger pointing will solve nothing. It might bring the country to a halt. You don’t solve a blood contamination disease by cutting of the arteries of the heart. You make the blood pure again, one small transfusion at a time.

You don’t want all the IAS officers or cops to stop working. You don’t want them to be corrupt either. Hence incentive structures, laws, and mind sets and empowerment all need to be looked at. Indians don’t want corruption to be solved in one week; they just want a leader with genuine intent to solve it. You have your time, but fix it.

The recently announced election results will bring this state of reality

A statement of Barack Obama :
We need to keep up the fight against corruption, which stifles innovation and is one of the biggest barriers to job creation and economic growth around the world.

levitra

CANCEROUS CORRUPTION

fiogf49gjkf0d
NETAS UNDER SCANNER:
Ajit Pawar & Sunil Tatkare are under investigation for massive cost escalation and occupation in Kondhane, Kalu and Balganga irrigation projects.

Chhagan Bhujbal, Pankaj and Samir Bhujbal – offence registered by a CB in the m aharashtra Sadan case.

Ramesh Kadam was arrested by CID for involvement in a Rs.300 crore corruption case.

CAN YOU BELIEVE?
For the project Balganga dam at Pen Taluka, Raigad, the initial cost estimated by CIDCO was Rs.353.9 crore, contract was awarded in 2009 for Rs.414 crore and cost revised within six months to Rs.1,600 crore

In the closely-watched proceedings of the a CB since CM Devendra Fadnavis gave his nod for the open inquiry, many eyebrows had been raised, when Pawar Jr. and Tatkare were exempted from appearing before the bureau. the a CB had sent a questionnaire to the duo to secure information on the Balganga, Kondhane and Kalu projects. the cost of Kondhane increased from Rs.56 crore to Rs.614 crore, that of the Kalu jumped from Rs. 382 crore to Rs.700 crore and of the Balganga from r s. 414 crore to Rs.1,600 crore

Following the ToI expose and an application filed by thane-based RTI activist Praveen Wategaonkar on 20th August, 2014, the a CB had sought permission for the open inquiry. It was sanctioned on 12th December, 2014

CORRUPTION IN DEFENCE DEALS:
Defence procurement corruption in India has been assessed to be “high”, with a large mass of its procurements shrouded in secrecy with low levels of accountability.

As per the Global Defence Anti-Corruption Index, India’s Military spending has increased by 147% in the last decade. Accessing the Indian experience, the Index said the Indian Army was found to be illegally running golf courses on government land while Air Force officials used defence land for unauthorised use, such as building of shopping malls and cinema halls. it also says that India’s Defence institutions have been found to be involved in exploitation of natural resources. Citing an example, the report said awards for contracts by Reflex, the paramilitary force in northeast i ndia, were essentially bought through personnel for kickbacks amounting to 35% of the tender cost.

GOVT. UNSPARING IN PUNISHING THE CORRUPT: PM MODI:
Asserting that his government is unsparing in punishing the corrupt, Prime Minister Narendra Modi said 45 senior officers have either been removed or faced pension cuts for “unsatisfactory performance and delivery in public service”. He said the focus of his government was on providing system-based and policy-driven governance.

“A governance structure is sensitive, transparent and accountable,” he said. Speaking at the Sixth Global Focal Point Conference on Asset Recovery, being hosted by the CBI, the Prime Minister said corruption is one of the “principle challenges” for governments across the world in transforming the lives of the poor and marginalised.

“We in India are currently in a crucial phase of nation building. Our mission is to build a prosperous India. An India where our farmers are capable, our workers satisfied, our women empowered and our youth self- reliant.”
“This is not an impossible mission. However, to achieve this objective, it is essential to fight relentlessly against corruption,” he said.

CORRUPTION-FREE’ DIWALI:
In an unprecedented development, Maharashtra was “corruption-free” at least for a week between 9th and 15th November. The anti-corruption bureau ( ACB) was unable to trap a single public servant under the Prevention of Corruption Act during the period. By comparison, during the corresponding week in Diwali 2014, it had recorded nine cases. The joy was short-lived, though, for as soon as the new week began, on Monday and Tuesday, five public servants were caught red-handed while accepting bribes ranging from Rs.1,000 to Rs.5,000.

Isn’t corruption everywhere?

fiogf49gjkf0d
Auto union to protest against ‘test-track corruption’ on July 13
The auto union has alleged that there is large-scale corruption on the recalibration test tracks and has threatened a morcha to the legal metrology office in Bandra on 13th July in this connection.

Union leader Shashank Rao alleged that there were unscrupulous agents at the test tracks in the western suburbs, and they charged anywhere between Rs. 200 and Rs. 300 per driver to get the meters recalibrated. “We demand that such corrupt practices be nipped in the bud and the metrology controller should crack a whip on officials under whose connivance this is happening,” he said.

Legal metrology controller Sanjay Pandey said the allegations will be probed into and if he came across any unscrupulous agents, they will be handed over to the police.

Shobhaa De’s answer to question reported:
In the Times of India dated 05.07.2015

Q: Are all female political leaders in India corrupt?

We have been reading about four ladies who seem to have bent the rules recently.

A: No. No. No. Please don’t discriminate against Indian men! Gender equality is a matter of great national interest. Men cannot be left behind. We give equal opportunities to indulge in corruption to all politicians, on the basis of merit, not gender. Remember, we are a democracy.

Disproportionate Assets Cases:
Maharashtra ACB led by DG Praveen Dixit has found assets worth Rs. 7.97 crore till May this year in cases related to disproportionate assets.

The FIFA :
The FIFA corruption scandal escalated as one suspect told of World Cup bribes and another promised to reveal an ‘avalanche’ of secrets, including some about FIFA president Sepp Blatter. The storm went around the globe with South African police commencing an investigation into claims that money was paid to secure the 2010 World Cup.

Despite the best attempts of FIFA , the global governing body of soccer, to conduct its business without any real accountability, it has long been an open secret that the world’s most popular sport is also the most corrupt. On 27th May, the U.S. government charged 14 people, including nine current or former FIFA officials, with money laundering, racketeering and wire fraud.

Youth and Corruption:
The young are up against corruption. And they’re voicing it through social networking sites. This widespread anger at corruption finds a vent on the newly launched Facebook page of the state Anti-Corruption Bureau (ACB). Within six months of its launch, it has got 22,000 ‘likes’ and 68 people have come up with complaints of corruption on Facebook.

“Most importantly, among those who have commented and ‘liked’ are youngsters. While 30% of these are in the 18-24 age group, 44% are in the age group of 24-34 and only 13% of them are in the age group of 35-44 which shows that the young generation is more against corruption,” said director general of police (ACB) Praveen Dixit.

Dixit said that one can analyse the anger of the GenNext against corruption considering the number of people who have ‘liked’ and commented. He added that this is just the beginning and the number is expected to swell by the end of this year. Through Facebook, many members of the public are posting information of corruption in various departments. “Until now, 68 people have given information and complaints of corruption and one complaint on Facebook has turned into a FIR.” Added Dixit.

CALL to COMPLAIN:
To check corruption and embarrass offenders, ACB has launched a page on Facebook where it uploaded pictures of public servants accepting bribes. The page received 22,122 people likes.

If you wish to complain against corruption, call 24921212 or call ACB helpline numbers 1064 or 1800222021.

MANTRA against Corruption:
To check corruption, which threatens to affect the state’s Make-in-Maharashtra plans, government employees will be counseled to manage expenses within their salaries and not succumb to temptation.

The programme, which will cover all categories of state government employees, right from the Mantralaya officer to the taluka clerk and peon, will start in Nagpur this month and eventually spread across the state. The initiative is by the Maharashtra State Gazetted Officer’s Federation, an apex body of 70 government employee unions, which, despite the nomenclature, includes non-gazetted staff as well.

To ensure a graft-free state, government employees will be exhorted to:

  • Learn to meet expenses within salary
  • Work towards improving image by acting against redtapism, corruption and inefficiency
  • Not fall prey to ‘quick money and corrupt elements as they are damaging to one’s own, one’s family’s and the government’s reputation
  • Learn to do a good, legal side business involving family members if in need of money

Survey on bribery:
As many as 66% of businesses in the country believe that some form of bribery is acceptable, in spite of increased regulatory actions and public outcry against corruption, according to survey.

Around 80% believe that corruption is still wide-spread, with 52% saying offering gifts to win businesses is “justified to help a business survive”, 27% of the respondents justify cash payments, the survey on fraud and corruption by Ernst & Young said.

Interestingly, 35% of respondents also believe that “conformity to their organisation’s anti-bribery and anticorruption policies would harm their competitiveness in the market”.

Further, 57% said increased regulation “is augmenting challenges for the growth or success of their business”.

The survey team interviewed 3,800 people from 38 countries across Europe, the Middle East, India and Africa.

The findings revealed that 60% of Indian respondents agree that regulatory activity in their sector had a positive impact on ethical standards.

“The spurt of change being driven by regulators has undoubtedly made a positive impact on business environment,” said the survey.

P. Chidambaram writes:
Narendra Modi was most eloquent when he spoke on corruption and he warmed up to the subject, like no other, when it concerned the alleged corruption during the 10 years of the UPA government. The Prime Minister was the white knight on a silver steed who had come to Delhi to slay the demon of corruption. In his dictionary, “corruption” was a catch-all word that took within its fold impropriety, abuse of authority, conflict of interest, black money, bribes, disproportionate assets and virtually anything that carried a whiff of suspicion. In his book, anyone accused by the BJP of corruption was “presumed guilty until proven otherwise”.

Union Minister Venkaiah Naidu on the Lalit Modi controversy
Nobody is involved in corruption. No law has been flouted. No immoral activities have been undertaken by anyone in this government.

Power does not corrupt. Fear corrupts…..perhaps the fear of a loss of power.

—John Steinbeck
levitra

BUSINESS CASE FOR ANTICORRUPTION

fiogf49gjkf0d
Efforts on anti-corruption has taken a front seat
for the past couple of years. The beginning of 1990s saw several
international organisations introducing anti-corruption instruments to
make the functioning of businesses clean. With globalisation and
business opportunities spread across the globe, companies have to follow
the norms of several countries. Strong anti-corruption rules of USA and
Britain has led many companies to introduce anti-graft initiatives in
their working. However, India still lags behind.

In the recently
published Ease for Business Index (2014) constituted by the World Bank,
India ranked 134 amongst 189 nations in the world (the lower bottom),
indicating that India is an investment / business averse country. Ease
for Business Index takes into account, procedures of obtaining licenses,
permits, tax regulations and infrastructure facilities. Lack of
transparency and accountability shrouds all the above procedures.

Though
India is trying to address the issue of corruption by making
legislative changes, ratifying international conventions and adopting
technology in its administrative functioning, merely rules and
regulations will not address the issue. It is important that the
business stakeholders are committed and come together to participate in
the fight against corruption.

Business Case for Anti-corruption

A
recent report of Price Waterhouse Coopers (PWC), a leading consultancy
firm, mentions that increasingly companies have recognised “corruption”
as a major threat to their business.

• 63% of the companies indicate that they have experienced corruption.

• 39% of the businesses have lost important bids due to corrupt officers.


Corruption leads to the damage of the brand name. Correspondingly,
companies have reported that having an anti-graft programme has a great
chance of enhancing the brand name.

• The report goes as far as
mentioning that the total money that a company spends on legal,
financial and regulatory suits due to corruption is much less compared
to the reputational damage (brand) which is done to the organisation.

• 43% of the companies do not enter a particular market which is highly vulnerable to corruption.

Risks of not engaging in the anti-corruption initiatives
• Criminal prosecution (heavy cost to the company)
• Exclusion from bidding processes
• No legal remedies in case the company increases the
cost of the materials
• Damage to reputation, brand and share price
• Regulatory censure
• Cost of corrective action
• Demotivated employees
• Uneven market, loss of business opportunities
• Policy-makers responding by adopting tougher and more rigid laws and regulations (domestic, national and international)

Benefits of introducing anti-corruption initiatives in the companies:


With strong anti-corruption mechanism in a company, the organisation
saves on legal suits. Further, it also attracts new companies through
rigorous business integrity policies.
• Business attracts investments from ethically oriented investors.
• Employee retention and morale of the employee increases as hard work will be the key criteria for progress of the employees.
• Increase productivity by means of a motivated workforce.
• Business can obtain a competitive advantage of becoming a preferred choice of customers, through positive branding.
• Together, businesses can create a level playing field.
• Business collaboration on anti-corruption initiatives influences positive rules and regulations.

Global
Compact Network India, is one of the local networks of UN Global
Compact; a strategic policy initiative for businesses that are committed
to aligning their operations and strategies with ten universally
accepted principles in the area of Human Rights, Labour, Environment and
Anti-Corruption. The 10th principle of UNGC is holistically dedicated
to fight against Anti-corruption in all its form. Furthering the 10th
principle Collective Action Project India provided a platform for
anti-corruption dialogue between private and public sector and
incentivise ethical behavior of businesses. The project in a phased out
manner has taken up pressing corruption issues in the Indian context, in
the spheres of public procurement, bribery and fraud, and supply chain
transparency and sustainability in India.

In the past three
years, since Collective Action was launched in India in 2011, one of the
significant achievements of GCNI has been creation of a platform for
dialogue and deliberation; with an equal number of participants from
public sector, private sector, business associations and SMEs. GCNI has
also been successful in making the businesses take notice about the
merits of adoption of international instruments, one of them being
Integrity Pact (to achieve transparency in procurement). From a time
when discussing corruption was a taboo to a time when talking and
tackling corruption is seen as a sign of sustainable business, GCNI, in a
short duration, has achieved much more than its anticipated goal of
creating awareness about graft.

In its first series of pan-India
consultation conducted during 2010-2011 titled Ethical Business for
profitability, GCNI partnered with academicians, civil society, chambers
of commerce, international business councils to share their best
practices which are being followed in various sectors. Mr. J. F. Ribeiro,
former Supercop, speaking at the Seminar in Mumbai pointed out the
importance of the topic and highlighted the need to understand and
analyse the different ethical dilemmas that companies face today,
especially with relation to corruption. Mr. N. Vittal, Former
Central Vigilance Commissioner delivering the keynote address in Chennai
emphasised that policies based on ethics, of any business, would mean
that they are legal, fair and open to public scrutiny. Any company which
does not practice such a policy is most likely to face contempt and
ridicule at some point or the other. Seminar participants in all four
cities (Mumbai, Chennai, Delhi, Kolkatta) unanimously confirmed that
business can attract and retain talent if they are branded as an ethical
business today.

In the second series of pan-India consultation
conducted between 2011-2012 titled Turning Down the Demand and Cutting
off the Supply saw increased participation from private sector and small
and medium sector enterprises (SMEs). The main aim of second series of
consultations was to know about innovated ways in which corruption could
be tackled and some of the ground realities which are not factored in
while constructing Anti-Corruption policies. Corporate Fraud triangle
was explored so that efforts could be made at all levels through
Collective Action.

In
conclusion, ‘Collective Action’ is a collaborative and sustained
process of cooperation among stakeholders. It increases the impact and
credibility of individual action, brings vulnerable individual players
into an alliance of likeminded organisations and levels the playing
field between competitors. Collective action besides representing big
private and public sector organisations also leverage equal
representation to the Medium/Small scale enterprises who despite being
major contributor to the Nation’s income fail to convey the issues and
challenges faced by them and thus become more prone to corrupt
practices.

levitra

The Menace of Corruption

fiogf49gjkf0d
“I got used to it by not getting used to it.” said Thomas Mann. This in a nutshell sums up our approach to corruption.

India suffered losses of Rs. 36,400 crores due to corruption in the 12 months preceding September, 2013, says a survey by EY (Ernst and Young) and FICCI, excluding large corruption scandals – 2G, CWG etc.

Chetan Bhagat mentions five areas towards which the new Government’s effort should be focused. One of them is Corruption. He says, “Go after corruption. It bothers Indians and needs to be fixed. However at present it also churns the wheels of our economic system. Draconian measures or finger pointing will solve nothing. It might bring the country to a halt. You don’t solve a blood contamination disease by cutting of the arteries of the heart. You make the blood pure again, one small transfusion at a time.”

To combat the cancer, we require chemotherapy which is given in small doses and is calibrated. To overcome the menace of this national termite which has rendered us hollow; we need to have clear thinking and appropriate strategy.

Corruption is of two types: meat eating and grass eating. The meat-eating corruption is almost always collusive and one transaction is enough to last a couple of generations. It is silent, stealthy and insidious!

Unaccountable wealth or better known as black money, (attained by illegal means and/or remaining outside the purview of the tax laws), remains within the calculated comfort of its owner. This includes money generated through arms deals, gun running, smuggling, drugs and narcotics, illicit trade, real estate transactions et al; and is major contributors to the tax havens abroad

Grass-eating corruption extorts millions of our countrymen in their day to day activities. Obtaining a post-mortem report, death certificate, donation in cash for admissions to school, caste verification certificate, lodging of FIRs, pre-condition for recruitment in govt. jobs at subordinate cutting edge levels levels etc. etc. This is extortionist in nature and is demanded when one is under already duress. This form of corruption is petty in scale and alienates the belief of lay public in the government . Anna Hazare lead the movement “India Against Corruption” that later significantly contributed to the electoral decimation of the Congress led UPA government.

The NDA government shall have to tackle the grass-eating variety through massive education of public opinion to say NO to corruption of this form. Every school, college and other training/professional institutions should be giving lessons inculcating values. Though a long exercise, but can give credible and sustainable results in couple of years. Incidentally the Honk Kong government faced the same menace and they started working through schools and in couple of years, the change became manifest to the relief of suffering populace. It had a tremendous impact on the states effort to combat the menace.

Manoje Nath – a former Director–General of Police, Bihar, brilliantly sums up people’s response to the menace by saying that the response of people at large is even more ambiguous because it is rooted in the fact that they are themselves “half victims, half accomplice, like everyone.” People’s lack of combativeness, venom and extraordinary passivity stems from the fact that they tend to be comfortable with the idea that corruption is an inescapable fact of governance and political morality. Nath explains;

“The ambiguity in the public attitude towards ill-gotten money is the result of our peculiar situation. Our economy is half white and half black, half over-ground and half underground. We condemn black money but deal in it, nevertheless. Under our very eyes, criminals and gangsters acquire wealth, then political power, then more wealth and with it acceptability and social esteem. Political banditry as a mode of creation of surplus value has long been accepted as a legitimate vocation. To displace the awareness of these contradictions, we have devised various overt and covert strategies to acknowledge and accommodate the criminality within our midst. Lawyers, chartered accountants, investment advisors, honestly work for the legitimization of dishonest earnings by politicians, government officials, corporate CEOs, etc. Dirty money courses through our formal and informal financial system in different ways, with different consequences. We do not seek to know hard enough about the offshore funds being routed in our economy for fear of discovering their actual provenance. We are so enamoured, even over awed with power and manipulation that we tend to ignore what David Bell calls “the economic fulcrum underneath.”

The decision to constitute a Special Investigation Team, under the chairmanship of Justice M. B. Shah, to investigate the cases of black money stashed away in foreign banks, will prove to be an acid test for the new government. It calls for a equally strong political will to fight this ever growing threat to national economy.

To combat crime, we need to have two pronged strategy: prevention and detection. Many a crime are prevented when the preponderance of probability lies in that these would become manifest at any given moment. A reasonable certainty of apprehension and conviction deters criminals. Crime swells when there is an assurance that it would not be easily detected and that in the unlikely event of getting so detected, the law as it exists, could be subverted first at the level of cognizance and subsequently during investigation, prosecution and/or adjudication. Organized crime syndicates prosper on this philosophy.

“Ideas spur crimes. A psychological, people-oriented counter strategy and approach while it is certainly not a panacea, empowers the individual citizen who ceases to ask what is there in the state system for him and instead begins to introspect on what he can do for the society/ state system given his new found status as a stakeholder,” says Prateep Phillip.

The power syndrome is that when we do not share power, the power have-nots hate us with a passion, when we share power through such a power sharing mechanism we are loved with an equal passion.

Corruption permeates at the top and it becomes a corporate activity. We shall have to put upright and competent officers at the top – selected on merit – and mind you we have plenty of them. All such officials have now been marginalised and wasted in non-sensitive departments/ assignments.

Clearly laid out policies with irreducible minimum discretion, with the help of technology to take speedy decisions, will go a long way to cut on avoidable delays, famous breeding grounds of corruption.

Creation and existence of a credible mechanism where information can be received and is welcomed, with privacy of the informer kept in absolute secrecy, will make the masses feel participants in unearthing diverse forms of unaccounted/illicit wealth. All such information leading to successful prosecution may be rewarded with tempting percentage of such money unearthed. The RT I Act has significantly contributed to lifting of veil of confidentiality from public records maintained by the government. It’s time we take a call whether we should continue to maintain confidentiality of income and assets of all those who seem to be living in a life style disproportionate to their know sources irrespective whether they are public servants or not.

Hoederer’s admonition to Hugo (who refuses to “dirty” his hands) in Jean Paul Sartre’s play Dirty Hands would induce a curious sense of déjà vu in those of us who have tried to take a stand against the contemporary wisdom:

“You cling so tightly to your purity, my lad! How terrified you are of sullying your hands.
Well, go ahead then, stay pure! What good will it do, and why even bother coming here among us? Purity
is a concept of fakirs and
friars. But you, the intellectuals, the bourgeois anarchists, you invoke
purity as your rationalisation for doing nothing. Do nothing, don’t move, and wrap your arms tight around
your body, put on your gloves. As
for myself, my hands are dirty. I have plunged my arms up to the elbows in
excrement and blood. And what else should one do? Do you suppose that it is
possible to govern innocently?”

Voluntary Disclosure Scheme for politicians

fiogf49gjkf0d
I am a senior citizen. My greatest regret is that I was totally inactive beyond my personal and professional life. I was happy with my family, books, T.V., residence, court-work and holidays here and abroad. Doing something concrete for the nation was no part of my life or living. Not surprising, of late, I have been experiencing substantial remorse on this count. By such indifference I, like many others, permitted some unscrupulous and corrupt politicians to loot the people of this country. It is because of this loot that crores of people of this country are below the poverty line and many children are dying at infancy or in the womb, all because of the absence of proper nourishment. I blame particularly the educated, me included, for being self-centered and being totally indifferent to this on-going loot; a loot of far greater magnitude than what our foreign rules are accepted of.

I have come across, of course, a few politicians, who are sorry for their sins and would like to wash off those sins, given an opportunity. There are others, who also must be given a similar opportunity so that they are not blamed for what follows in case the opportunity is not availed of. These people have enjoyed the monies, which really belong to the nation and which would have alleviated the poverty of teeming millions of this country; these politicians have enjoyed the ill-gotten monies for a fairly long time. The earlier they pay back the same to the nation, the better. In this direction, let me share a few ideas.

By way of a first opportunity, there must be Voluntary Disclosure and Repayment Scheme (‘Scheme’ hereafter) promulgated by the Government, giving an opportunity to such profligate politicians to voluntarily declare the amount of ill-gotten monies that they have got by corruption or by any other illegal means and to payback the same to the Government forthwith or by installments, as may be laid down in the scheme. The Scheme will apply even to a member of Village Panchayat. In future, a similar Scheme can be promulgated for Government servants.

The politicians making such a declaration would have immunity from prosecution and penalty under all laws of the land in respect of the ill-gotten monies declared under the Scheme.

If after the expiry of the scheme, any politician, who has not availed of the scheme, is found to have the monies received in corruption, his entire wealth will immediately vest in the Government and the custody thereof will also be immediately taken by the Government. A special committee headed by the retired Supreme Court judge will decide whether the politician has been having the ill-gotten monies with him and yet has not availed of the Scheme.

The concerned laws must be amended to provide that in cases of corruption beyond a particular figure the incumbent must be punished with life imprisonment and others with rigorous imprisonment of minimum 14 years; the corruption cases of these VIPs must be taken up on a priority basis by the Courts; if necessary Special Courts must be established so that the litigation, which is bound to ensue at the instance of these VIPs and VVIPs comes to an end immediately and the message goes to all concerned that now the corruption is not profitable, or for that matter dangerous and risky. The attempt in this article is to give an idea to get back the people’s money from the corrupt. To those who will feel like criticising the idea, my earnest request is to come out with a better and more effective idea; I will be very happy.

It is a sad commentary on the CBI, that inspite of long-standing corruption, its record on this count, to say the least, is not very impressive. Is it that they did not know what every man in the street knew? The rampant corruption requires a CBI with bigger manpower and greater competence. Today, CBI does not seem to be fully equipped to take on the powerful and influential head on.

More criminal lawyers and chartered accountants trained in investigation of corruption cases must be put at the disposal of the CBI at the stage of investigation; in fact, the CBI must have some of them in house, so that they are at their beck and call any time it wants them.

Looking at the fact that the corrupt are also very powerful and influential persons, it is very necessary that the C.B.I. must be made an independent body, like the Election Commission. It will be unfair to expect much on this count from the present CBI. We must acknowledge that with all its handicaps, the performance of the CBI of late is becoming better. The present C.B.I. can go up as much as its Chief is keen to take it. Recall what Seshan did to the Election Commission. An independent C.B.I. will be a great check on the corrupt and will have huge credibility amongst the people of this country and even abroad.

I will exhort to those amongst us to whom the nation is dear, particularly the youngsters, to see that these corrupt politicians cannot enjoy status and power resulting from their ill-gotten riches. I will suggest that Gandhian methods must be adopted when the corrupt are out to show, rather exhibit, their ill-gotten wealth on various social or other occasions. A great mass of Gandhians, scattered all across the country in a disjointed manner, can be of great help in this direction. In this direction if they unite for this work, miracles can happen. Recall the Anna Hazare movement.

Let me illustrate as to where we were when we got independence and where we are now. When Jawaharlal Nehru was the Prime Minister, he was invited to a wedding function, by one of his ministers. Instead of straightaway attending the marriage function, he sent his personal secretary to check whether the function was on a modest scale or was it on an ostentatious and gaudy scale. After the personal secretary reported that it was on a modest scale, he attended.

I think it is high time that the Prime Minister and the State’s Chief Ministers must ask their Cabinet Colleagues to live within their legitimate means; or for that matter set all examples in simple living. The citizens of this country will highly appreciate it.

The citizens, particularly the industrialists and the big traders, must at least decide that they will not be seeking favours from the Ministers and the Government servants by bribe, and the FICCI can declare a particular year say 2015 as the ‘No bribe year’. Those people who help the CBI to catch the corrupt red-handed must be rewarded by the Government in appreciation of their service to the nation. The T.V. channels can do a great job by publishing and glorifying such events. Let me state one heartening incident, which I read sometime back. A particular unit of WIPRO required a dedicated electric sub-station and for installation thereof some permission was required. That unit made an application. The Manager of that unit, who was newly appointed, was approached by the public utility employee informing him that in ordinary course, the permission would take about a year but if his demands are met he can get the permission within a week’s time. The newly appointed Manager thought that this is a great opportunity to impress the boss about his competence and went to Mr. Azim Premji. Mr. Premji heard him patiently and then told him, “You are new to this company. Let me tell you that bribing is not our culture. Therefore, hereafter do not think of doing any such thing as long as you are in this organisation.” We require many more Premjis. I am sure there are a few others like Mr. Premji; but for sure, we require many many more like him. In the challenging task of making India corruption free India, the industry and trade leaders can contribute a lot.

Let me tell the people that as against the corrupt ones there are honest politicians also. It is because of such people that the country has not collapsed.

I request the Government and our Economists to tell the nation as to what is the corruption-cost component in the cost of living index.

Lastly, the Election must be funded by the State. The earlier this is done, the better, because anybody can have an alibi when caught red-handed that he was accepting monies for the party. The ensuing election in the States is a great opportunity to the voters. Consider only that candidate to be eligible for vote who declares on oath his (and his family members’) wealth as on last 31st March at least one month before election and undertakes to declare it as on 31st March of every year thereafter till the next election.

I am absolutely shocked by the ‘I don’t care’ attitude of the Central and State Governments to the progressively aggravating problem of overpopulation and the absence of any discussion of the problem as if it does not exist at all! In my humble opinion, all the talk of progress will be a hogwash if the overpopulation problem is not urgently attended to. It looks like that after the back lash in late Sanjay Gandhi’s times, the politicians of all hue decided to turn a Nelson’s eye to the problem.

In the end, it is impossible to conclude this article without mentioning that our judiciary, particularly the higher echelons thereof like the Supreme Court and High Court have done remarkable work and has made us all very proud. I wonder if the framers of the Constitution would have imagined that the judicial wing in future will be a life belt to a sinking nation caught in the malicious whirlpool of rampant, nepotism, dishonesty and corruption. Permit me to say that much more is expected from the judiciary.

One man from Gujarat was instrumental in getting us independence. I hope and trust that another man from Gujarat also fulfils the hopes and inspiration of the nation, which has entrusted its destiny into his hands.

Let me conclude with Pearl Buck; “Oh India, dare to be worthy of your Gandhi.” Jai Hind.

The accomplice to crime of corruption is frequently our own indifference.

fiogf49gjkf0d
The accomplice to crime of corruption is frequently our own indifference.
?Bess Myerson

No one would deny that corruption is a worldwide phenomenon.

However. the issue to be considered is the extent of it – both the amount of money changing hands and the number of citizens directly affected by it, i.e., the extent to which low-level corruption affects ordinary people. It is unfortunate that the Prevention of Corruption (Amendment) Bill 2013, inspite of the Parliament Standing Committee on Personnel Public Grievances Law and Justice having already submitted its report on the above bill, and presented in Lok and Rajyasabha on 8th February 2014, did not come for passing in the Parliament in its last session. Some of the proposed amendments therein included:

1) Criminalise bribe-giving to the same extent as receiving bribes (In the present Prevention of Corruption Act, 1969 only receiver of bribe is prosecuted.)

2) Expand the scope of offences that will be termed ‘corruption’;

3) Make bribe-taking and bribe-giving in the corporate sector offences; and

4) Provide for procedures to confiscate the ill-gotten gains from corruption even before the completion of the trial.

According to our Constitution, as the last Lok Sabha was dissolved before the passage of this Bill, it is deemed to have lapsed. It has dealt an enormous blow to the anti-corruption movement. However at least the whistleblowers’ Protection bill, to protect those who make public interest disclosures against corruption is passed.

The need for such a legislation has been strongly felt, as a large number of RTI activists have been targeted and killed for probing corruption. Without legislative protection for a whistleblower, the enabling RTI legislation is rendered ineffective and the fight against corruption crippled.

The corruption perception index 2013 released by Transparency International ranks India at the 94th spot on a global list. Releasing the list, Transparency International said that its “Corruption Perceptions Index 2013 offers a warning that the abuse of power, secret dealings and bribery continue to ravage societies around the world”. “The Corruption Perceptions Index 2013 demonstrates that all countries still face the threat of corruption at all levels of the Government, from the issuing of local permits to the enforcement of laws and regulations,” said Huguette Labelle, chair of Transparency International.

“Corruption within the public sector remains one of the world’s biggest challenges,” Transparency International said, “particularly in areas such as political parties, police, and justice systems.”

“It is time to stop those who get away with acts of corruption. The legal loopholes and lack of political will in the Government, facilitate both domestic and crossborder corruption, and call for our intensified efforts to combat the impunity of the corrupt,” Labelle said. On 10th February, CBI Director Ranjit Sinha addressed the 7th Interpol Global Programme on Anti-Corruption, Financial Crime and Asset Recovery for South Asia in Delhi.

He stated that India’s anti-corruption laws must focus on confiscations of ill-gotten wealth. The proposed amendments in the Prevention of Corruption (Amendment) Bill, 2013 include provisions for procedures to confiscate the ill-gotten gains from corruption even before the completion of the trial. Unfortunately, legislation did not see the light of the day.

The CBI director said that majority of illicit funds that are moved across the border originate from three sources; bribery and corruption, criminal activity and commercial tax evasion. Their movement is facilitated by loopholes in the international financial system.

levitra

US Foreign Corrupt Practices Act — A Curtain Raiser

fiogf49gjkf0d
Introduction

There is a famous quote that “Corruption is the most infallible symptom of constitutional liberty”. In the recent past, there has been quite a lot of awareness and activism about corruption and its prevention worldwide and specifically in India. The U.S. Foreign Corrupt Practices Act, 1977 (FCPA) is the single largest, widely recognised piece of legislation in the world which deals with the issue of various corrupt practices and contains the legislative provisions specifically to prevent such practices. Recently, the UK Bribery Act, 2010 was passed on the similar lines of FCPA.

This article deals with the salient features of the FCPA, FCPA settlements, the global legislative framework relating to prevention of corrupt practices, the Indian scenario and the key considerations for ensuring FCPA compliances.

For Accounting Professionals, an awareness of this important piece of legislation is the need of the hour especially when global companies are setting up shops in India and also Indian companies are expanding their wings globally necessitating the compelling need for a high level of awareness of the FCPA and other corruption prevention legislations.

Essence of FCPA

FCPA generally prohibits U.S. companies and citizens, foreign companies listed on a U.S. stock exchange, or any person acting while in the U.S., from corruptly paying or offering to pay, directly or indirectly, money or anything of value to a foreign official to obtain or retain business. Prohibition under FCPA also extends to making and offering to make payments to foreign public officials, including members of political parties, to further business interests. The FCPA also requires ‘issuers’, including foreign companies, with securities traded on a U.S. exchange or otherwise required to file periodic CANCEROUS CORRUPTION reports with the Securities and Exchange Commission (SEC), to keep books and records that accurately reflect business transactions and to maintain effective internal controls.

The above provisions can be analysed under two broad categories, namely,

  •  Anti-bribery provisions and
  •  Provisions relating to maintenance of books of account.

 The first part is generally enforced by the Department of Justice (DOJ) and it prohibits U.S. persons and U.S. firms, or those listed on a U.S. stock exchange, from making and offering to make payments to foreign government officials to obtain, or retain, business or a business advantage. The antibribery provisions make it illegal to directly or indirectly make payments of money or give anything of value to any foreign government official to influence a decision that will result in obtaining or retaining business or secure an improper business advantage. The anti-bribery provisions apply to domestic concerns, issuers (listed entities in the U.S.) and any person while in the territory of the U.S.

The second part relating to books of account is enforced by the SEC. The FCPA’s Books and Records and Internal Control provisions (which apply only to issuers) require:

 (i) that books, records and accounts are kept in reasonable detail to accurately and fairly reflect transactions and dispositions of assets, and

(ii) that a system of internal accounting controls is devised

(a) to provide reasonable assurances that transactions are executed in accordance with the authorisation of the management;

(b) to ensure that assets are recorded as necessary to permit preparation of financial statements and to maintain accountability for assets;

(c) to limit access to assets to management’s authorisation; and

(d) to make certain that recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences. In many instances, improper payments to a foreign official to obtain or retain business result not only in anti-bribery charges, but also books and records and internal control charges, given that improper payments are often falsely characterised by giving a different colour in the company’s books and records such as payments towards liaisoning services, commissions, miscellaneous expenses, etc. and given the enforcement agencies’ view that the improper payments would not have been made if the company had effective internal controls.

Under FCPA, the organisation can be held responsible for any improper payments made by their subsidiaries, associates, joint-venture partners, directors, agents, employees, associates or third-party intermediaries and representatives as well. FCPA settlements The past few years have seen a tremendous increase in the settlement of FCPA charges by both corporations and individuals. Violations of the FCPA can result in criminal and/or civil liability for companies, and for their individual officers, directors, employees, and agents. The significant point to be noted in ensuring FCPA compliance is that there is no minimum threshold for the dollar amount of infractions, and even what might be considered as a small bribe can result in big penalties, especially if FCPA problems are systemic. Details of the top 10 FCPA settlements in the recent past are given in the table below; The magnitude of the above settlement amounts indicate the gravity of the problem and the need for enhanced monitoring in ensuring strict compliance with the FCPA provisions. Global legislative framework for prevention of corrupt practices Corruption is like a ball of snow, once it’s set rolling, it must increase !

The magnitude of corruption issue has increased manifold in the recent past and has posed serious challenges in establishing and ensuring a good governance framework globally. Hence, the regulators world-wide have taken up various initiatives to prevent the corrupt practices. Under the OECD Convention, government officials are considered to be a particular risk with regards to corruption, because they have the ability to award valuable contracts, or grant favours, and yet are often paid relatively little. The definition of government officials is also broader and it covers ministers and civil servants, government employees including doctors, law enforcement and military, employees of any enterprise majority-owned or controlled by the state and also the tax authorities and local government officials. As a written international agreement, the OECD Convention specifically sets forth the basic, model elements of a foreign corrupt practices statute that each signatory country has agreed to enact into law soon after each country’s ratification of the Convention. Thus, the Convention has particular significance for all U.S. businesses that operate internationally in the signatory countries.

Due to ever-increasing corruption risks, one of the most important trends in FCPA enforcement is the increased aggressiveness of government. The law enforcement authorities are increasingly focussing on global companies. The US regulators are probably very active in this area, but those in other countries are also catching up fast. Regulators around the world are cooperating with each other, sharing information and levying increasingly punitive fines. The other interesting feature in monitoring corrupt practices is the increased attention of the regulators towards individuals responsible, rather than just the companies. They also focus on the extent of companies’ anti-corruption measures when considering fines.

Other than the FCPA of the United States, very recently, the British Parliament has passed the UK Bribery Act, 2010, which is perceived to be more stringent than the FCPA. Under the UK Bribery Act, companies doing any form of business in the UK are covered by these provisions. Thus, any foreign company with operations in the UK that might have engaged in commercial or government-related corrupt activities anywhere in the world could be prosecuted in the UK. In this regard, it may be noted that FCPA covers only bribing foreign government officials, whereas the UK Bribery Act is very exhaustive in nature and has got extended scope and it does not allow any carve-out for facilitation payments or sponsored delegation visits by government officials.

The need for fighting corruption has forced several countries to come up with a separate piece of legislation to fight this evil and also to continuously fine-tune and improve the existing legislations to put in more and more detective and preventive mechanisms in view of the ingenuity with which the corrupt practices are resorted to.

Indian scenario

Implementation of the FCPA in India poses serious challenges for corporates. Though India has anti-corruption and anti-fraud laws, such as the Prevention of Corruption Act, the Prevention of Money Laundering Act and Rules thereunder, as well as various checks under the SEBI Prohibition of Fraudulent and Unfair Practices Regulations, addressing the risk of corruption has become one of the serious challenges for corporations. The recent episode of corruptions and scandals in India has raised concerns in the country and around the globe.

One of the other major challenge in India is providing gifts, hospitality, entertainment, etc. that step over the dividing line from relationship building and good manners, into attempts to influence key decision-makers. This has been the main focus of anti-bribery legislations. The key point to be noted here is what may be regarded by the industry as normal business development practice could well be seen by a regulator as a bribe!

Transparency International — a reputed NGO and the global anti-corruption organisation — publishes a ‘Bribe Payers Index’, which identifies industry sectors which are most likely to have the practice of bribing the public official. In its report on Corruption Perception Index (CPI) 2010, it has placed India at 87th in the list of corrupt nations with a score of 3.3 on a scale of 10 (very clean) to 0 (highly corrupt). Considering this low score, doing business in India is perceived to have high risk from the perspective of corruption risk.

Similarly, according to TI’s Global Corruption Barometer 2007, which details how individuals rate their country’s corruption levels, 25% of respondents in India said they had paid bribes and 90% expect corruption in India to get worse over the next three years. This assessment carried out in FY 2007 is proving to be true in the light of the recent corruption scandals.

In view of the prevailing challenging environment in India, there is an urgent need for creating greater awareness amongst the public at large in India regarding various corrupt practices, strengthening the existing regulatory framework dealing with such corruptive practices, and vigorous implementation of statutory requirements relating to prevention of corrupt practices, etc.

Key considerations for ensuring FCPA compliances

The FCPA has a far-reaching effect and it does not stop only with the entity under consideration. Parent entities can be held responsible for the actions of their subsidiaries also even when the subsidiary has gone to great lengths to conceal the illegal activity and the parent company is unaware of the activity. Further, parent entities can be held responsible for behaviour prior to an acquisition, joint-venture, or merger, especially if a prior payment has led to ongoing profits.

Keeping the provisions of the FCPA in mind to ensure compliance with the FCPA, the entity management could consider the following;

  Risk assessment relating to FCPA compliances

Periodic risk assessment by the entity, suo motu, as regards FCPA compliances would help in identifying the weak spots and the exposures, if any, and the corrective action to be taken. Such an exercise would help in identifying the risks which are pervasive in nature as well as specific to a particular activity or a transaction.

    Conducting periodic health checks/due diligences

A system should be put in place to assess the health of the entity from the FCPA compliance point of view. Such an exercise should ideally be carried out by an independent person/third party.

    Establishing strong internal audit functions

Having a strong and powerful internal audit system is a boon for fighting FCPA non-compliances. By way of timely identification, the internal audit can escalate the matters to those charged with governance and can also help in putting proper controls in place to prevent such non-compliances.

    Anti-corruption programmes/policies and creating awareness

The entities should design their own anti-corruption programmes, policies and procedures. Further, it should arrange for dissemination of knowledge amongst all the employees by way of training programmes and other education programmes. Such an awareness exercise will go a long way in ensuring FCPA compliances.

    Regular monitoring of intermediaries/third parties

Since the primary responsibility of ensuring compliance with the FCPA provisions vest with the entity, it should monitor intermediaries/third parties who are doing business for the entity on a continuous basis. Their activities, compliances, etc. need to be on the radar of the entity on a continuous basis. Further, it should also carry out the required background checks before appointing such intermediaries to represent the entity.

   Reasonability assessments of payments made to various intermediaries

The amounts paid to the various intermediaries and third parties for the services rendered should be reviewed from the perspective of reasonability. Large sums of money paid to intermediaries which are disproportionate to the services rendered by them to the entity could trigger concerns of FCPA non-compliances which need to be investigated in detail.

    Establishment of a system of identifying opportunities for corruption

The management should continuously work toward identifying various opportunities for corruption, so as to plug the loop holes by way of putting appropriate controls in place. Such an activity would help in identifying specific non-compliances of FCPA.

    Periodic evaluation of performance targets and its achievements

The entities should review the process of achieving performance targets by various business heads keeping in mind the corruption risks. The pressure of achieving targets could force the employees to resort to incorrect/corruptive practices which need to be monitored and timely efforts have to be taken to prevent such non-compliances.

    Self-declarations from all the employees for FCPA compliances

There should be a system of obtaining periodic self-declarations from all the employees of the company regarding FCPA compliances. This declaration should not be a form filling exercise, but should facilitate identification of FCPA non-compliances, if any, in letter and spirit.

   Dedicated anti-corruption cell

Entities could have a dedicated anti-corruption cell which focusses on identification of FCPA non-compliances. Their mandate could also include closer review of the commercial decisions keeping in mind the anti-corruption requirements, review of the decentralised business models, greater automated surveillance of e-mails, data, and transactions, evaluation of existing sanctions to prevent corruption, etc.

    Periodic interactions of the senior management with the employees

The senior management should have a streamlined process of interacting with all the levels of the employees on a periodic basis to identify any issues related to non-compliances of FCPA. Such an interaction could help the senior management in assessing the ground-level situations, obtaining first-hand information regarding FCPA compliance status.

    Ethics hotline/helpline and whistle-blower mechanism

Establishing a dedicated ethics hotline/help line and setting up a fool proof whistle-blower mechanism are the pillars for having an effective FCPA compliance framework. All the referrals made to these hotlines/forums should be carefully reviewed to identify any FCPA related non-compliances and their implications.

    Other techniques

The entities could also resort to the following other techniques for ensuring FCPA compliances.

  • Wide publicity for the action taken against corrupt practices

  • Conducting ethical compliance surveys amongst employees

  • Mandatory evaluation of employees in dealing with ethical dilemmas

  • Anti-corruption handbook

Depending on the size and the nature of the entity, one or more of the above mentioned techniques may be introduced by the entities to effectively ensure compliance with the provisions of the FCPA. Needless to add that the success of the monitoring mechanism is purely dependent on the involvement and support of the senior management.

Conclusion
When the greed of the person increases, it is bound to result in quite a lot of irregularities and related consequences and would naturally lead to various corrupt practices. Irrespective of the legislations and the regulatory actions to prevent and fight corruptive practices, the success of their implementation and their enforcement is purely dependent on the setting of the right culture and tone from the top of each and every organisation. When an organisation suspects or uncovers an FCPA violation, its response can be crucial in preventing repeat offenses. Leadership should carefully consider each situation, including asking people to leave the organisation or terminating certain relationships with vendors. When the awareness about the legislation relating to prevention of the corrupt practices increases and the compliance is monitored meticulously, the legislations, be it in the form of FCPA or the Bribery Act, will serve their real purpose. As indicated by Swami Vivekananda, “Arise ….! Awake…..! and Stop not…. till the goal is reached”. The greater level of awareness and the awakening of people about eradication of corruptive practices and fighting corruption through enhanced professional activism, would certainly help in reaching the goal of a corruption-free society.

Anyone willing to bat for the poor?

fiogf49gjkf0d
This week is a good time to discuss who deserves goodies from the government. Here are three candidates. The first is Members of Parliament (MPs), who have been given a 150% hike in their budgets under the MP local area development (MPLAD) scheme. Each MP can now spend Rs.5 crore every year, up from Rs.2 crore till now, and Rs.1 crore when MPLAD was introduced 17 years ago. Inflation neutralisation would have taken that figure to about Rs.3 crore, so the extra Rs.2 crore per MP per year (Rs.1,600 crore annually for about 800 MPs) is a bonus. If you want to know how this money is used, read the report of the Comptroller and Auditor General. Among other things, it points out that MPs can and do select those who get contracts under the scheme. Interestingly, Nitish Kumar has scrapped the Bihar variant of the scheme for Members of Legislative Assembly (MLAs); he has also announced a doubling of the pay and perquisites for MLAs. If the two announcements are connected, you can draw your own conclusions about whether kickbacks flourish in the name of local area development.

The second candidate for government largesse is the International Cricket Council (ICC), presided over by Sharad Pawar. The government has just given the ICC’s World Cup tax-free status. The reports say this means a tax saving for ICC of Rs.45 crore, though the figures of revenue (Rs.1,476 crore) and expenditure (Rs.571 crore) suggest a much larger giveaway. It is easy to see why the government has played ball; Mr. Pawar is the leader of a coalition partner, and agriculture minister. Oddly, the sports minister argued against the freebie. So did a note put up by the finance ministry, though the finance minister seems to have batted for the ICC. As happens all too often, the Prime Minister has chosen the path of least resistance.

Now the history of the ICC is that, once cricket became a big-money game some years ago, this London- based body decided that it needed tax shelters. It created a subsidiary for its business operations and housed it in Monaco. But running between London and Monaco was inconvenient, so the ICC told the British treasury that it would re-locate entirely to London if the government offered tax-free status. When the response was a polite ‘No’, the ICC moved to Dubai. Penny-pinching London could learn a thing or two from the generosity that New Delhi shows to the really deserving.

But the most deserving of all is Vijay Mallya, owner of yachts, private jets, vintage cars, a cricket team, an island in the Mediterranean, and homes on every continent, and also two-thirds owner of Kingfisher Airlines. Kingfisher has been so run that it has been losing money, and borrowing up to its gills. The lenders (13 banks led by the government-owned State Bank of India) have now agreed to convert some of the loans into equity — at a share price of Rs.64.48, when the going market rate was Rs.40. That means a loss straightaway of nearly 40% of the loan value — and there are further loans outstanding. Could the lenders have flexed their muscles, since the airline is in no shape to repay loans? Yes. Could they have threatened to buy out the promoters’ 66% shareholding at the going value of Rs.740 crore, and put in new management? Almost certainly, yes. So if Mr. Mallya still has majority control of the airline, it tells you the scale of the government banks’ largesse.

(Source: Weekend Ruminations by T. N. Ninan in Business Standard, dated 2-4-2011)

levitra

Purge civil aviation of corruption

fiogf49gjkf0d
The rot in the civil aviation industry runs deeper than was thought earlier. As investigations proceed into the fake pilot scam, it is fast becoming clear that the issue isn’t limited to a handful of pilots. An elaborate nexus exists between pilots, touts, flying schools and officials of the Directorate General of Civil Aviation (DGCA). The recent arrest of DGCA officer Pradeep Kumar lends credence to this nexus. Kumar was instrumental in processing the applications of pilots who had forged the result cards of their qualifying exam. It has also been discovered that flying schools themselves were on the take, fudging logbooks to escalate the number of flying hours of pilots. As the DGCA scrutinises 4,500 airline pilot licences, it is anybody’s guess how many unqualified pilots continue to fly commercial aircraft.

Opening up the aviation sector made air travel an affordable reality for the Indian middle class. However, oversight of this sector is poor. Each day the safety of thousands of passengers hangs in the balance. If sons and daughters of DGCA officials are able to obtain licences despite dubious flying records, it opens the door to large-scale fraud. Apart from an internal purge of the DGCA itself, it is imperative to undertake a thorough audit of the 40 flying schools in the country. A public DGCA database for result cards of candidates is a good idea. That corruption hasn’t even spared a sensitive industry like aviation, jeopardising the lives of thousands, is a grave concern. Now that the rot lies exposed, civil aviation minister Vayalar Ravi must undertake thorough and rapid action to cleanse the system and bring back credibility to civil aviation.

(Source: The Times of India, dated 29-3-2011)

levitra

CORRUPTION FUND OF INDIA

fiogf49gjkf0d
Preamble:
Though a regular reader of the BCAJ, it is ironical that only last month that I had an opportunity to look into the “Cancerous Corruption” series when the Editor contacted me regarding publishing one of my articles on Corruption Audits in the Journal. That article has since been published, but it set me thinking on a concept which grew in my find but which requires a larger forum to brain-storm. I felt that the BCAJ is the ideal forum.

Consolidated Fund of India:
Readers may be aware of the Consolidated Fund of India. All revenues received by the Government by way of taxation like income tax, central excise, custom, land revenue (tax revenues) and other receipts flowing to the Government in connection with the conduct of Government business-like receipts from railways, posts, transport, etc. (non-tax revenues) are credited into the Consolidated Fund. Similarly, all loans raised by the Government by issue of public notifications, treasury bills (internal debt) and loans obtained from foreign governments and international monetary institutions (external debt) and all moneys received by the Government in repayment of loans and interest thereon are also credited into this Fund. All expenditure incurred by the Government for the conduct of its business including repayment of internal and external debt and release of loans to the States/Union Territory Governments for various purposes is debited against this Fund.

Corruption Fund of India (CFI):
Just like the Consolidated Fund of India, we should think of creating a Corruption Fund of India (CFI). Let’s assume the population of India to be 120 crore people and give a 50% allowance for children, elders and the poor who cannot be included in the list of contributors. That gives us 60 crore persons. Lets also assume that each person is asked to contribute Rs.100 annually to the CFI, we target an amount of Rs.6000 crores. Giving a further allowance of 50% for persons who are either unable or unwilling to pay, we end up with Rs.3000 crores. This target can be met with higher contributions from willing contributors and smaller ones from the hesitant. The Government should make a matching contribution from the Consolidated Fund of India giving us a kitty of Rs.6000 crores.

Utilisation of CFI amounts: CFI funds can be used in various ways:

1. It is often felt that negligible salaries and meagre allowances trigger corruption. Increasing the salaries and allowances of a certain sect of people who are habitually corrupt could be done from these funds. A ‘top-down’ approach — starting with the people who are suspected of corruption — should be adopted here with the goal that the salaries and allowances should be liberal enough to deter indulging in corruption.

2. The funds can also be used for setting up Special Corruption Courts. It is no secret that today’s judicial system can easily be overridden and trial of the guilty can take years. The Special Corruption Courts would take immediate action against the guilty.

3. The funds can also be used to disseminate information about corruption — the methods employed, action taken against the guilty and steps to minimise them.

4. Conducting special audits in corruption-prone areas such as government tenders, etc.

5. Pre-audits of events of special significance such as international gaming events, etc.

The above list is only representative. Other avenues to utilise the funds to spread awareness can be identified as we go along.

Why should the taxpayer contribute ? This is a question that has to be and would be asked. It is a fact that corruption has become so entrenched in the system that the Government alone may not be able to do much single-handedly since many of the constituents can be guilty themselves. A mass movement is required to create an impact. Taxpayers in the past have contributed to natural calamities and other disasters. Corruption is a national calamity of epic proportions. Contributions to the fund should qualify for a 100% deduction u/s.80G of the Income-tax Act.

Other details:
The CFI should be a body that is set up with reputed people with an impeccable public record. (thankfully, they still exist !) businessmen, judges, academicians can comprise the Board who should run CFI with no interference from the Government. The accounts and other activities would be made public irrespective of the status of the entity.

Brainstorming: The author understands that the above is overly ambitious (probably impractical too) and would meet huge obstacles. It would also have staunch opponents. However, one needs to make a beginning somewhere and this forum can be used to brainstorm on this issue. Even better, BCAJ can organise an open-house on this topic.

levitra