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Section A: Project Anti-Corruption System (PACS) (Construction Projects)

Preventing corruption requires a comprehensive solution

Corruption on construction projects is a complex problem. It may occur in the form of bribery, extortion, fraud or collusion. It can take place during any phase of a project, including project identification, planning, financing, design, tender, execution, operation and maintenance. In each project phase, corruption may involve any one or more of the government, project owner, funders, consultants, contractors, sub-contractors, suppliers, joint venture partners, and agents. It may occur at any level of the contractual structure. Furthermore, corruption is concealed and those aware of it are either complicit in it or reluctant to report it. This makes it more difficult to detect.

There is no single or simple method by which to prevent such corruption. As with safety and quality issues, corruption should be addressed by the use of a comprehensive system which combines a number of integrated measures.

What is PACS?

The Project Anti-Corruption System (PACS) is an integrated and comprehensive system designed by TI to assist in the prevention of corruption on construction projects. It uses a variety of measures which impact on all project phases, on all major participants, and at a number of contractual levels. PACS comprises:

- The PACS Standards: These recommend anti-corruption measures which should be used on construction projects.

- The PACS Templates: These provide the tools by which the measures recommended in the PACS Standards may be implemented.

Using PACS

A government, a public or private sector project owner, or a funder may use PACS as follows.

- It can assess its existing project anti-corruption measures against the PACS Standards.

- It can modify its existing measures in accordance with some or all of the PACS Standards.

- It can use some or all of the PACS Templates, appropriately customised, in order to implement its anti-corruption measures.

Executive Summary
An overview of PACS is contained in the Executive Summary.

PACS Standards

There are ten PACS Standards, each of which deals with a separate anti-corruption measure. They cross-refer to the relevant PACS Templates.

PS 1. Independent assessment
PS 2. Pre-contract disclosure of information
PS 3. Contractual anti-corruption commitments
PS 4. Government anti-corruption commitments
PS 5. Project transparency
PS 6. Raising awareness
PS 7. Funder involvement
PS 8. Compliance programme
PS 9. Reporting
PS 10. Enforcement

PACS Templates

The PACS Templates may be used to implement the measures recommended in the PACS Standards. They can be used in their existing form, or may be modified to suit the requirements of the country and project. Click on the Template title below to access it.

Template 1

Definitions

Template 2

Independent Assessor Agreement

Template 3

Disclosure Form

Template 4

Disclosure Assessment Guide

Template 5

Anti-Corruption Agreement

Template 6

Notices of Breach

Template 7

Anti-Corruption Procurement Requirements

Template 8

Anti-Corruption Notice to Government

Template 9

Anti-Corruption Government Commitment

Template 10

Anti-Corruption Programme

Template 11

Anti-Corruption Rules for Individuals

Template 12

Anti-Corruption Training Manual

Template 13

Project Transparency Policy

Template 14

Benefits Register

Template 15

Instructions to Project Owner for the operation of PACS

Template 16

Instructions to Project Owner Joint Venture Members

Template 17

Instructions to Funders

Template 18

Instructions to Applicants

PACS Consultation Process

PACS was published by TI as a “Consultative Edition” in January 2007. After six months of international consultation, PACS has been modified to take account of stakeholder opinion, and has been re-issued in July 2007 for further consultation as “Consultative Edition (2)”. The changes made in this second edition are as follows:

a) The key anti-corruption measures have been summarised in a new document “PACS Standards”.

b) The PACS Modules have been re-named the “PACS Templates” (which more accurately reflects their function). The contents of these documents are unchanged.

c) The “Executive Summary” has been revised.

The further consultation period will end on 31st December 2007. The First Edition of PACS will be published in early 2008. Both this Consultative Edition and subsequent editions will be freely available from TI’s website.

Questions and comments

Questions on PACS and comments on how PACS could be improved would be welcomed and should be sent to:

Catherine Stansbury
Project Director, Anti-Corruption Systems
Transparency International (UK)
catherine.stansbury@transparency.org.uk.