Fighting Corruption on the MoldovanUkrainian Border

1
Fighting Corruption on the Moldovan-Ukrainian
Border

• Bryane Michael, Linacre College

Final expected result Reduction by 5 million in
the amount of gray and black economy activity
tied to border crossings as well as a 20
improvement in border crossing and customs
clearing times.
2
Moldova and Ukraine in International Perspective

• Moldova and Ukraine are not bad by FSU standards
• But more can be done on government effectiveness
  and control of corruption
• Corruption is a SYMPTOM of other service problems

3
Illustrations of extent of corruption

• Large numbers of respondents report DIRECT
  experience with corruption in both services
• Not excessive by FSU standards
• Both Services collect roughly 110 million in
  bribes (estimate)

4
A First Step Border Management Anti-Corruption
Co-ordinating Committee

• Compliments National Committee
• Serves to
• Consider survey results
• Follow complex cases
• Look at risk probabilities and recommend
  allocation of resources
• Oversee training and attend intl anti-corruption
  events

National AC Steering Group
MoI
MoJ
CorCom
EUBAM
Customs
BG
5
Clearance and Regulations

• Reduce the need to obtain senior level clearance
• head of Service approves a list of trusted
  persons for contact at any level of the Service
  and topics they may cover.
• define a materiality rule which defines the types
  of decisions which can be taken at the local
  level.
• Reduce regulations on border passage
• Mid-level Service staff allowed contacts with MoF
  and Parliament
• With MOF, reduce number of trade taxes

6
Public Service Delivery Surveys

• Perceptions of service delivery, corruption, and
  intl co-operation
• Sample sites on Moldovan and Ukrainian side
• Variation required for hypothesis testing!

7
Statistically Based Risk Assessment
June 2007 (3 days)
June-July 2007 (3 days)
FINISHED
Introduction to Statistical Methods to Fight
Corruption
Review and Computer practical
Sustainable risk analysis function
Practical Exercises
Peer review
Full-time stat In place

• RESULTS
• 10 less resources required for the same level of
  detections of
• legal infractions (contraband,
  undervaluation of customs declarations, etc).
• 100 increase in the detection of corrupt
  activity among service personnel
• 10-15 increase in transit and customs clearance
  times
• PRE-qualification certain individuals expedited
  passage

8
Active Risk Assessment System
9
A Constructive Internal Security Dept.
Parliamentary Ombudsman

• Internal security
• Takes Ombudsman role
• Monitors whistle-blowing
• Fields hotlines
• Statistically-based audit
• Service Delivery Surveys
• Internal investigation and
• prosecution

BG
CU
Internal security
Internal security
Public
10
Whistle-blowing
Relator

• Whistle-blowers regulation to be passed
• Protection of all disclosure routes
• Qui tam provisions (Reward/incentives)
• Anonymity
• Dissemination (series of attractive posters)
• Co-ordination with Main Department of the Civil
  Service

Journalists
Employment Tribunal
Internal Ombudsman
Politicians (Parliament)
July
July
June 2007
Introductory training Concepts in Whistle
blowing for regulators
Review of draft service regulation and programme
Practical Exercises
Integrating whistle blowing with risk management
approach
11
Administrative procedures against corruption

• Increases odds of detecting
• Whistle-blowing
• Respondeat Superior
• Complicity
• Increases odds of prosecuting
• Balance of probabilities
• Retification not retailiation
• Complementary, not overlapping lines of authority

Judicial remedies
Internal Security / Ombudsman Remedies
Administrative remedies
Line manager remedies
12
Service Performance Audits

• Probes to test system strength
• Bribes
• Contraband across green border
• Whistle blowing
• Individuals not prosecuted
• Look at system instead of detecting weasles
• Audit helps collect reliable risk probabilities
• More reliable than perceptions surveys
• YES, legislative basis.

13
Communications Programme
Rights
Your Service, Protecting You
Obligations
Border crossingtimes now 20 faster!
Service Hotline [phone] National
Ombundsman 423-2342
Complement with posters
14
CSR The Best Anti-Corruption Measure
AC crusades are negative, CSR is positive
15
Joint Action Plan

• Protocol for sharing information across
  Moldovan-Ukrainian border
• Joint trainings
• Sharing of intelligence
• Complaint mechanism
• Forwarding cases under OECD Convention

16
Activities for EUBAM

• One stop shop advice centre
• Legal, administrative, operational advice
• Training
• implementing anti-corruption programmes
• statistical practices for risk analysis
• business principles for public sector staff
• design and implementation of survey delivery
  surveys
• (anti-corruption communications, PR and social
  marketing).
• Help admin of Service Delivery Surveys
• Help admin of Statistical capacity to fight
  corruption
• Advice on surveillance operations
• Bag of flour
• Bribe probe
• Honest broker for intl info. sharing