oecd integrity forum, paris, 25-26 march 2015 - agenda

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CURBING CORRUPTION INVESTING IN GROWTH 3 RD OECD INTEGRITY FORUM Paris, 25-26 March 2015 AGENDA R O B U S T P R O S E C U T I O N A N D R E C O V E R Y S H A R P D E T E C T I O N E F F E C T I V E P R E V E N T I O N H E A L T H Y G O V E R N A N C E

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CURBING CORRUPTION INVESTING IN GROWTH

3RD OECD INTEGRITY FORUMParis, 25-26 March 2015

AGENDA

ROBUST PROSECUTION

AND RECOVERY

SHAR

P D

ETEC

TIO

N

EFFECTIVE PREVENTION

HEALTHY GOVERNANCE

About the OECD Integrity Forum The OECD Integrity Forum is an anti-corruption forum of policy makers, businesses, civil society, academia and other stakeholders to identify new approaches to prevent, detect and sanction corruption in a holistic manner. Objectives of the 2015 OECD Integrity Forum Sustained economic growth is crucial for delivering, but also depends on, more and better services, for building more resilient economies and increasing trust in government and politicians. Public and private investment are essential to long term economic growth by expanding an economy’s productive capacity, boosting productivity and employment, improving service delivery both in quantity and quality, and enhancing human capital. An IMF recent study shows that 1 percentage point increase in investment spending as a share of GDP raises the level of output by about 0.4 percent in the same year and by 1.5 percent four years after the increase.

However, in order to ensure countries can reap the full potential benefits of public and private investment a persistent obstacle needs to be overcome. Corruption has been identified as a distorting factor affecting the quality, composition and productivity of physical capital, and seriously undermining the benefits of the investment. In this context, corruption can be perceived as an additional cost or tax to be paid by investors and users. And when it extends to higher echelons of government, it can lead to deep distortions in investment policies. Corruption may also lead to unprofitable public infrastructure projects also known as white elephants, resulting in vast infrastructures hardly used but nevertheless entailing high maintenance costs. Specifically, corrupt public procurement processes may lead to expensive and low quality public infrastructure and poor service delivery. In 2013, OECD countries spent close to USD 1.4 trillion in public investment – which represents almost 3% of OECD GDP and 15% of total investment (public and private). Sub-national governments undertook most of this investment (72%). A great deal of this investment is spent on public infrastructure. And the need for public infrastructure in OECD countries is significant. The OECD has estimated the annual investment requirements to be around an average of 2.5% of world GDP. The governance of infrastructure investment remains a sensitive area as the many different forms of interaction between the public and private sectors present high risks of corruption. Thus it is key to mainstream integrity practices in the governance of public investment. Finally, corruption also undermines private investment by creating a negative business climate for the private sector. Debates during the 2015 Integrity Forum will review existing mechanisms to properly address corruption risks all along the investment policy cycle and explore good practices in mitigation strategies to fully reap the benefits of investment. Lessons will also be drawn from the application of the OECD Anti-Bribery Convention, the updated Policy Framework for Investment and other OECD instruments. For more information please see the OECD Integrity Forum Background Report: Curbing Corruption – Investing in Growth.

AGENDA

Wednesday, 25 March 2015

8:00 – 9:15 Registration & Welcome Coffee (CC4)

9:15 – 9:45 Welcoming Remarks and Opening Address (CC4)

William C. Danvers OECD Deputy Secretary-General

H.E. Mr. Lee Sungbo Chairman, Anti-Corruption and Civil Rights Commission, Korea

9:45 – 11:15

Plenary Session 1 (CC4)

High-Level Debate: Mapping the Risks of Corruption in Investment

OBJECTIVES Investment helps to underpin competitiveness, productivity and growth. Yet corruption as a main distortion in both private and public investment, negatively impacts on its effectiveness, thus directly impairing economic growth. This is confirmed by the findings of the G20 Anti-corruption Working Group Study on Corruption and Economic Growth prepared by the OECD which describes the many ways in which corruption impairs economic growth.

This high-level session will convene stakeholders from both the investment and the anti-corruption spheres to map risks of corruption in investment and identify the key tools to mitigate those risks.

KEY NOTE

Gabriela Ramos, Chief of Staff, OECD MODERATOR

Axel Threlfall, Editor-at-Large, Reuters

PANELLISTS

Giovanni Kessler, Director-General, European Anti-Fraud Office (OLAF)

Cobus de Swardt, Managing Director, Transparency International

Nadia van der Merwe, Associate Director, Compliance, Intelligence, Investigations and Technology (CITT), Control Risks

Adrian Blundell-Wignall, Director, Directorate for Financial and Enterprise Affairs, OECD

11:15 – 11:45 Coffee Break (CC4)

4

11:45 – 13:00

Plenary Session 2 (CC4)

Reaping the benefits of investment for all: Preventing the Capture by Special Interests

OBJECTIVES While investment is a crucial element for economic growth, it may not necessarily lead to growth for the society in general. Public investment policies or projects may be unduly influenced by private or public individuals or by one or a few businesses or by criminal groups through means such as the financing of political parties and campaigns or lobbying. When decision makers are “captured” in this way the economic benefits of the investment are only enjoyed by a minority at the expense of the public interest. This session will explore the different ways by which actors influence public investment processes and will identify mechanisms to ensure that the influence is legitimate and avert capture by special interests.

MODERATOR

Pavlos Eleftheriadis, Associate Professor of Law at Oxford University PANELLISTS

Klaus Moosmayer, Chief Compliance Officer, Siemens /Chair of the BIAC Task Force on Anti-Corruption/Bribery

Sheila Krumholz, Executive Director, Center for Responsive Politics

Bob Rijkers, Economist, World Bank

13:00 – 14:30 Lunch Presentation of the G20 Corruption and Growth Report (Auditorium)

OBJECTIVES In response to a request from the G20 Anti-Corruption Working Group, the OECD has issued a report titled “Consequences of Corruption at the Sector Level and Implications for Economic Growth and Development,” which analyses the impact of corruption on four key sectors: extractive industries, utilities and infrastructure, health, and education. This lunch panel will serve as the official launch of the report and will provide a platform for further discussion of the report’s findings. PANELLISTS

Juan Yermo, Deputy Chief of Staff, OECD

Tina Søreide, Postdoc Researcher in Law and Economics, University of Bergen, Norway

M. Emranul Haque, Senior Lecturer, University of Manchester

5

14:30 – 16:00

Challenge Session (CC4)

Identifying Risks and Tools to Curb Corruption in Public Investment

14:30 – 16:00

Parallel Session 1 (CC2)

Integrity Systems and Risk Management in Developing Countries

OBJECTIVES

This session is designed as an interactive, practical and policy-oriented discussion to identify the key risks to effective public investment programs. Through a facilitator, participants will work together to identify concrete tools to curb corruption in public investment, particulalrly in infrastructure projects. FACILITATOR

A. Craig Copetas, Correspondent-at-Large, Quartz/Atlantic Media

OBJECTIVES

Development assistance is crucial for furthering investment for development. Yet, the governance of receiving countries as well as the operations of co-operation agencies matter greatly to avert corruption in development assistance. This session will discuss corruption risk management in the operations of multi- and bi-lateral co-operation agencies. It will discuss the needs presented by current policies, integrity frameworks currently being employed and their effectiveness, and crucial components and mechanisms to manage corruption risks. MODERATOR

Phil Mason, Chair of Anti-Corruption Task Team, OECD

PANELLISTS

Elizabeth Hart, International Consultant

Joshua Drew, Vice-President of Ethics, HP

Erik Feiring, Policy Officer on Illicit Financial Flows, World Bank (by VC)

Phil Tarling, Executive Committee Member and Former Chairman of the Board, Institute of Internal Auditors, Vice President, Internal Audit Centre of Excellence for Huawei Technologies Ltd.

16:00 – 16:30 Coffee Break (CC4)

6

16:30 – 18:00

Parallel Session 2 (CC7)

Trust and Business

16:30 – 18:00

Parallel Session 3 (CC2)

Investment Treaties, Arbitration and Corruption

OBJECTIVES

Despite lessons learnt from the global financial crisis, which revealed both government failures and serious corporate wrongdoing, a gap remains between standards and instruments designed to prevent corporate misconduct, and the manner in which these rules are applied. They include the OECD Anti-Bribery Convention, the Guidelines for Multinational Enterprises, and the Principles of Corporate Governance, among others. Their active implementation is essential to re-building post-crisis trust and investment, both for large and smaller enterprises. This session will introduce a new OECD initiative, the OECD Trust and Business Project, which aims to address these challenges by working with governments, business, and civil society to bridge the gap between international rules and standards for businesses and how they are implemented. Bringing together representatives from all these groups, this session will kick-start a debate about the challenges to meaningful corporate compliance and effective government enforcement. MODERATOR

Pierre Poret, Deputy Director, Directorate for Financial and Enterprise Affairs, OECD

PANELLISTS

Anders Berg, Deputy Director General, Norwegian Ministry of Trade & Industry; Chair, OECD Working Party on State Ownership and Privitisation Practices

Sagarika Chatterjee, Associate Director, United Nations Principles for Responsible Investment

Peder Michael Pruzan-Jorgensen, Vice-President, Europe, Middle East and Africa, Busines Social Responsibility (BSR)

Corinne Lagache, Senior Vice-President and Chief Compliance Officer, Safran SA; Vice-President, BIAC Anti-bribery Task Force

Aneta McCoy, Founder and Managing Partner, Aneta McCoy Advisory Group (AMAG)

Ade Onitolo, Deputy Head Commercial and Economic Diplomacy Department, Foreign and Commonwealth Office, United Kingdom

OBJECTIVES

International anti-corruption conventions play a key role in the global efforts for integrity. Much less explored in this context are investment and trade agreements that may also play a role in curbing corruption. This session will discuss whether and how investment treaties can be used as an anti-corruption tool. For example, anti-corruption clauses can be included in investment treaties, trade agreements and contracts. To date, investment treaties rarely refer to anti-corruption considerations, while corruption allegations play a great role in investment arbitration cases. What would be the benefits and effects on the arbitration of investment treaties or contracts of including an anti-corruption clause? Would arbitrators be more inclined to investigate corruption issues when the treaty at stake contains an anti-corruption clause? And how should corruption allegations be treated by arbitrators?

MODERATOR

Vladimir Khvalei, Vice-President of the ICC International Court of Arbitration

PANELLISTS

Catherine Kessedjian, Arbitrator, Professor, Université Panthéon-Assas (Paris II)

Lauri Railas, Attorney, Railas Attorneys Ltd., Co-drafter of the ICC Anti-Corruption Clause

Joachim Pohl, Policy Analyst, Investment Division, OECD

7

Thursday, 26 March 2015

8:00 – 9:30 Welcome Coffee (CC4)

9:30 – 11:00 Plenary Session 3 (CC4)

Strengthening the Governance of Infrastructure Investment

OBJECTIVES The construction and infrastructure sector is particularly prone to corruption. Infrastructure projects involve a large number of actors and significant amounts of money. Thus private participation in investment projects may be marred by corruption particularly in the design of the PPP or the public procurement process. If processes are not adequate and transparent, corruption increases the need for, and the cost of, investment contributing to unsuitable, defective, and dangerous infrastructure such as buildings that collapse and roads that break up after a short period of time. This session will explore effective preventive mechanisms to promote transparency, efficiency and good management in the governance of infrastructure investment to minimize the risk of corruption and achieve better value for money in infrastructure projects.

KEY NOTE

Raffaele Cantone, President, National Anti-Corruption Authority, Italy

MODERATOR

Roel Nieuwenkamp, Chair of the OECD Working Party on Responsible Business Conduct

PANELLISTS

Christiaan Poortman, Chair, CoST Interim Board

Enrico Vink, Managing Director, International Federation of Consulting Engineers (FIDIC) Augusto Goncalves Ferradaes, Federal Auditor, Federal Court of Accounts , Brazil Viviane Schiavi, Senior Policy Manager, Corporate Responsibility & Anti-Corruption, International

Chamber of Commerce

11:00 – 11:30 Coffee Break (CC4)

8

11:30 – 13:00

Parallel Session 4 (CC7)

Improving Governance to Promote Investment in Latin America and the Caribbean’s Extractives Sector

11:30 – 13:00

Parallel Session 5 (CC4)

Corruption in Investment at the Sub-National Level: Mitigating the Risks

OBJECTIVES The objective of this session is to discuss recent governance and transparency reforms and pending challenges in LAC’s extractives sector, and their potential to promote and support both foreign and domestic investment in this sector. The panel proposes exploring different country-level experiences and approaches to improving extractive governance. MODERATOR

Carlos Santiso, Division Chief, Institutional Capacity of the State Division, Inter-American Development Bank

PANELLISTS

Fuad Khoury Zarzar, Comptroller General, Peru

Natalia Gutierrez, President, Colombian National Mining Agency

Victor Hart, Trinidad and Tobago EITI Steering Committee

Juan Cruz Vieyra, IDB Operations Specialist

Lahra Liberti, Senior Advisor on Natural Resources, OECD Development Centre

OBJECTIVES Cities and regions are key actors for infrastructure investment: More than two-thirds of public investment takes place at the sub-national level and this share has increased over recent decades, making questions of efficiency and integrity at sub-national level all the more important. The OECD Recommendation on Effective Public Investment Across levels of Government and its Implementation Toolkit address some of these challenges, to strengthen sub-national capacities throughout the investment cycle, mitigate risks of corruption and make more effective use of investment. Whatever the level of decentralisation, corruption varies greatly at the local level within countries, and certain regions seem to be particularly at risk when it comes to corruption in investment. This session will discuss the key risks of corruption at the sub-national level throughout the investment cycle and the joint action from local and national policy-makers that is required to address these risks.

MODERATOR

Robert Leventhal, Director of Anticrime Programs Division, U.S. Department of State

PANELLISTS

Anwar Shah, Advisor to the World Bank and the Asian Development Bank, Director of the Centre for Public Economics, and Distinguished Visiting Professor of Economics, Southwestern University of Finance and Economics, Chengdu/Wenjiang, China

Kristien Verbraeken, Region of Flanders, Belgium - Integrity Officer, Public Governance Department, Corporate HR & Organizational Development Division, Belgium

Pierre Berthet, Former Auditor at the Regional Chamber of Accounts Provence-Alps-Côte d’Azur, Senior Advisor, Central Service for Preventing Corruption, Ministry of Justice, France

Bert Kuby, Head of Unit, EU Committee of the Regions

9

13:00 – 14:00

Networking buffet Lunch

(Conference Centre Atrium)

13:00 – 14:00

Lunch Panel: Bribery and Corruption – The Dark Side of International Business (CC5)

MODERATOR

Patrick Moulette, Head, Anti-Corruption Division, OECD

PANELLISTS

Richard Bistrong, Anti-bribery, Compliance and Ethics Consultant, Former FCPA Violator and FBI/UK Cooperator

Philippe Montigny, CEO and President of the Certification Committee, Ethic Intelligence

Enery Quinones, Former Chief Compliance Officer, European Bank for Reconstruction and Development

Richard Alderman, Former Director, Serious Fraud Office, UK

14:00 – 15:30 Plenary Session 4 (CC4)

Designing a Collective Strategy to Curb Corruption

OBJECTIVES This session will draw lessons from the discussions held in the previous plenaries and parallel sessions and will outline the key elements of a strategy to curb corruption in investment that could be put forward collectively by the public and private sectors and civil society. This session will also channel a reflection on where anti-corruption efforts are today and how the OECD can increase its relevance and impact in the anti-corruption field to ensure continuous first-rate support to countries’ needs in this area.

MODERATOR

Rolf Alter, Director, Public Governance and Territorial Development Directorate, OECD

PANELLISTS

H.E. Mr. Dionisio Pérez-Jácome Friscione, Ambassador, Mexican delegation to the OECD

H.E. Ms. Annika Markovic, Ambassador, Swedish Delegation to the OECD

H.E. Mr. Nick Bridge, Ambassador, United Kingdom Delegation to the OECD

Drago Kos, Chair of the OECD Working Group on Bribery in International Business Transactions

Robert Hunja, Director for Public Integrity and Openness, Governance Global Practice, World Bank

Elena Panfilova, Vice-Chair of Transparency International

15:30 – 16:00 Closing Remarks

H. E. Mr. Aivaras Abromavičius Minister of Economic Development and Trade of Ukraine

Angel Gurría OECD Secretary-General

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