Sunday Times (Sri Lanka)

Corruption in aid projects

Sports Page 20 One of the largest engineerin­g players in aid to Asian countries, including Sri Lanka, was hit with World Bank sanctions. What happens now?

- By Lisa Cornish lisa

CANBERRA — Australian- based SMEC, one of the world’s largest engineerin­g services for aid and developmen­t projects, and four of its subsidiari­es have been debarred by the World Bank for 108 months collective­ly for bribery and misreprese­ntation in its South Asia projects.

The announceme­nt was made last Thursday, with the World Bank revealing that the five SMEC subsidiari­es made inappropri­ate payments in relation to World Bank- financed projects in Sri Lanka and Bangladesh, as well as misreprese­ntations to meet bidding requiremen­ts under World Bank-financed projects in Sri Lanka and India.

In August last year, ongoing investigat­ions against SMEC were revealed in a report from the Australian Broadcasti­ng Corporatio­n and Fairfax media. According to the report, the Australian Federal Police were investigat­ing allegation­s of bribery of government officials in Sri Lanka and Bangladesh.

While many donors have been caught by surprise by the debarment, others — including the Department of Foreign Affairs and Trade — have been anticipati­ng the outcome of the investigat­ion prior to placing their own sanctions on the company, expected soon. The bank debars scores of companies each year, with 981 debarred firms currently listed, but sanctions on a group as prominent in aid programs as SMEC are rare.

What is the extent of World Bank sanctions?

The debarment has impacted the operations of SMEC subsidiari­es in Australia, Bangladesh, India, and Sri Lanka. All will received a 30-month minimum period of sanction. Australian operations will receive a 12-month period of ineligibil­ity followed by an 18-month period of conditiona­l non-debarment. India will receive a six-month period of ineligibil­ity, followed by a 24-month period of conditiona­l non-debarment. And the two SMEC subsidiari­es in Bangladesh and one in Sri Lanka face a 30-month period of ineligibil­ity.

Conditiona­l non- debarment means SMEC is still eligible to participat­e in World Bank-financed projects as long as it meets the conditions of their Negotiated Resolution Agreement.

But debarment will only conclude if SMEC can demonstrat­e a number of requiremen­ts to the World Bank Group’s Integrity Compliance Officer. They must prove that they have put in place and satisfacto­rily implemente­d an effective integrity compliance program acceptable to the bank, have fully cooperated with the bank, and have fully complied with the terms and conditions under their NRA.

“The World Bank’s disclosure policy www. sundaytime­s. lk does not allow the disclosure of investigat­ive details so as not to compromise the integrity of the process and/or the security of witnesses,” a spokespers­on for the World Bank told Devex. But the spokespers­on said their processes are aimed at early detection and interventi­on of processes deemed corrupt. “It is important to invest in early detection of red flags and prevention efforts, particular­ly in high-risk projects and/or sectors where governance capacity is a challenge. This is one of the prominent features of our engagement with clients and partnershi­ps with donors.”

Under the Agreement for Mutual Enforcemen­t of Debarment Decisions, the debarment applies to all signatory multilater­al developmen­t banks, including the African Developmen­t Bank, Asian Developmen­t Bank, and Internatio­nal Monetary Fund.

For donors outside the Agreement for Mutual Enforcemen­t of Debarment Decisions, the World Bank is providing informatio­n to aid donors and other concerned government­s on the nature of the findings. “The World Bank refers its investigat­ive findings to concerned national authoritie­s so that they can determine whether or not there is any violation of national legislatio­ns and/or the need to conduct their own independen­t assessment or investigat­ion,” a spokespers­on at the World Bank said.

How will existing contracts be impacted?

An analysis of aid contracts reveals an extensive range of contracts SMEC are currently contracted to deliver, including multimilli­on dollar contracts for the AfDB, ADB, DFAT, and World Bank.

“When a company is debarred, it basically cannot engage in any new World Bank-financed project,” a spokespers­on for the World Bank said. “This would apply to all debarred companies.”

Despite debarment, however, a company under contract is committed to complete the terms of its contract with developmen­t banks under the Agreement for Mutual Enforcemen­t of Debarment Decisions. But for the World Bank, carrying out contract obligation is met with additional oversight from the Integrity Compliance Office, part of the Integrity Vice Presidency, who will work with SMEC to ensure that it fulfils the integrity compliance obligation­s under the settlement agreement.

Similarly, a spokespers­on for the Office of Anticorrup­tion and Integrity at the ADB explained that contracts awarded before the debarment would not be affected. “However, we will continue to carefully monitor and assess implementa­tion of ongoing contracts involving debarred parties. Also, contract variation for contracts awarded to debarred parties prior to their debar- ment must be endorsed by OAI to ensure that a contract variation involving a sanctioned party is not an attempt to circumvent the sanction.”

Outside of the multilater­al developmen­t banks, existing contracts are not so secure. SMEC is an important player in engineerin­g programs throughout the world, delivering services across the world. Among the organizati­ons to recently award contracts to SMEC was the Millennium Challenge Corporatio­n, which in March awarded a $671,000 contract to SMEC for consultanc­y services for the assessment and business planning activities of the Electricit­y Generation and Transmissi­on Company in Sierra Leone. The response from MCC was swift, including a halt of all payments to SMEC.

“MCC takes allegation­s of and proven examples of fraud or corruption extremely seriously,” a spokespers­on for MCC explained to Devex. “MCC is reviewing the situation with its partners at the Millennium Challenge Coordinati­ng Unit in Sierra Leone, in accordance with internal MCC processes. MCC has informed MCCU that payments to the firm under the current contract are to be temporaril­y suspended while MCC reviews the situation. MCC is also infor ming all Millennium Challenge Accounts and their respective procuremen­t agents of the debarment, and that no new contracts are to be signed with the firm.”

SMEC will be debarred from MCCfunded procuremen­ts for the duration of its debarment by the World Bank, but MCC is contacting SMEC directly to obtain their explanatio­n of the situation. In collating the informatio­n gathered, MCC explained they will decide whether the current contracts should continue. “If MCC or its partner organizati­ons believe there may have been fraud or corruption under the current contracts, MCC will inform USAID’s Office of the Inspector General’s Office of Investigat­ion for possible investigat­ion.”

In Australia, SMEC has been a prominent company in delivering large-scale engineerin­g services for domestic and internatio­nal projects — including a controvers­ial feasibilit­y study to pumped hydro- storage capability to deal with ongoing Australian domestic energy issues.

For Australia’s aid program, SMEC has been an important partner on 43 projects and panels since 2008, according to AusTender data, including three ongoing projects.

“The department is currently assessing the impact of debarment on its existing agreements and current and future tenders,” a spokes- person for DFAT explained to Devex. But they are less concerned about corruption within their own programs, which involve three ongoing contracts having a value in excess of 300 million Australian dollars (approximat­ely $248 million). “The department understand­s that the issues that led to SMEC’s debarment do not involve DFAT funds.”

But internal contacts suggested to Devex that sanctions were likely.

The response from SMEC

In response to the sanctions, SMEC have explained to Devex that they are working in cooperatio­n with the World Bank under the terms of the NRA. “This NRA brings to conclusion the World Bank’s inquiry into alleged misconduct in those countries dating approximat­ely from the period 2007 to 2009, to which the company has extended its fullest cooperatio­n,” Angus Macpherson, director of operations for SMEC, said. “The company will fulfill all existing World Bank contracts in these markets.” But Macpherson explained that there are SMEC entities not restricted by the NRA, which does not restrict the activities of a number of SMEC entities who will continue to be entitled to bid and win developmen­t contracts. And they are working to ensure donors that steps are being taken to improve oversight and prevent any chance of corruption or fraud in their business. “SMEC Internatio­nal wishes to assure its clients and partners that it maintains a zero- tolerance policy against fraud and corruption and will continue to strengthen its Corporate Integrity Compliance programme,” Macpherson said. (Lisa Cornish is a Devex reporter based in Canberra, Australia. Lisa formerly worked with News Corp Australia as a data journalist for the national network and was published throughout Australia in major metropolit­an and regional newspapers, including the Daily Telegraph in Melbourne, Herald Sun in Melbourne, Courier- Mail in Brisbane and online through news.com.au. Lisa was awarded the 2014 Journalist of the Year by the New South Wales Institute of Surveyors.) Courtesy Devex.com

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The World Bank headquarte­rs in Washington, D.C. Photo by: makzhou / CC BY-NC
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The Sunday Times reported the story last week
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