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Annex 1: Tables
Table 1: Illustrative Agency Performance Measures25


Agency/Indicator

Output

Outcome

Efficiency/Productivity

U.S. FTC

Number of redress orders; money seized by shutting down scams

Consumer savings due to FTC action -- includes estimates of price rises averted, or if data are not available, it is assumed a merger would have raised prices in the relevant market by one percent for a two-year period.

Average time needed to review merger applications

U.S. EPA

Number of civil and criminal case referrals, amount of fines and penalties assessed

Reductions in emissions measures after enforcement, dollars spent by polluters to correct violations and take other cleanup steps




U.S. FBI

Number of referrals for prosecution

Percentage of referrals prosecuted vs.percentage declined as legally insufficient; percentage of referrals resulting in conviction; percentage of convictions resulting in prison sentences; average prison sentence




U.S. FBI: Fraud, White Collar Crime




Fraud/corruption: Amount of recoveries/restitutions, fines; number of white collar convictions

Antitrust: Enforcement success rate; savings to U.S. consumers

Health care fraud: medicare expenditures for lab tests, ambulances, home health agencies







Agency/Indicator

Output

Outcome

Efficiency/Productivity

U.S. OGE

Number of formal/informal talks on ethics with govt officials – per month; Conduct ethics programs in all federal agencies over 4-year cycle

Percentage of policy issues with substantial impact on exec branch ethics program where executive (OMB) seeks and uses OGE advice; Percentage of OGE comments taken into account in legislation; Ensure all ethics agreements with Pres. Appointees completed within agreed time

Percentage policy proposals drafted by OGE within 6 months of identifying the need; Percentage of change proposals pursued to enactment within 18 months; Percentage agency financial disclosure issues resolved within 15 working days

State of Virginia

Dept Internal Audit: Number of investigations completed; number of management improvements identified

Dept Internal Audit: Amount of dollar savings/waste identified

Dept Profess/Occupational Reg: Percentage complaint investigations resulting in “no violation;” percentage unlicensed activity investigations leading to warrants

Commonwealth Attorney: Number of reversals on appeal due to prosecutor error

Dept Internal Audit: Percentage of cases recorded and assigned within 48 hours

Dept Profess/Occupational Reg: number of days to process enforcement complaints

Commiss on Local Govt: Percentage tech asst responses given within 24 hours

Hong Kong ICAC

Number of cases identified via own initiative; number of prosecutions; number of detailed studies of govt practices & procedures

Number of graft reports received (aim: increase this via district-based outreach); number and rate of convictions; number of requests from private firms for free corruption prevention advice

Percentage of those making graft complaints interviewed immediately/within 48 hours; percentage incoming calls handled immediately; percentage pursuable complaints completed within 12 months; percentage requesters of advice/training on corruption prevention contacted within 2 days



Table 2: ACA Performance Indicators, by Function


Function/Indicator Type

Output

Outcome

Efficiency/Productivity

Receive and respond to complaints

Number complaints addressed;

Number of referrals/redress orders



Number of complaints resolved


Average time needed to review complaints;

Percentage of those making graft complaints interviewed immediately/within 48 hours;

Percentage incoming calls handled immediately;

Percentage pursuable complaints completed within 12 months



Intelligence, monitoring, investigations

Number of investigations begun, number completed;

Number of cases identified via own initiative;

Number of civil and criminal case referrals


Percentage investigations leading to warrants;

Percentage of referrals prosecuted vs.percentage declined as legally insufficient



Percentage of cases recorded and assigned within 48 hours;

Completed investigations per staff hour



Prosecutions, administrative orders

Number of prosecutions begun, number completed;

Number of administrative orders issued;

Amount of fines and penalties assessed


Amount of recoveries/restitutions, fines imposed and collected;

Number of white collar/grand corruption/high official convictions;

Number and percentage cases resulting in conviction;

Number of reversals on appeal due to prosecutor error;

Percentage of convictions resulting in prison sentences;

Average prison sentence



Convictions per staff hour;

Amount of recoveries/restitutions, fines, penalties per staff hour



Preventive research, analysis, technical assistance

Number of detailed studies of govt practices & procedures;

Number of management improvements identified



Number of requests from private firms for free corruption prevention advice

Amount of dollar savings/waste identified

Savings to treasury, taxpayers, consumers resulting from reforms and reduced fraud/ corruption

Amount of attention and resources devoted by govt depts. to addressing problems identified



Percentage tech asst responses given within 24 hours;

Percentage requesters of advice/training on corruption prevention contacted within 2 days;

Percentage policy proposals drafted by ACA within 6 months of identifying the need;

Percentage of change proposals pursued to enactment within 18 months;

Outputs per staff hour


Ethics policy guidance, review of compliance and asset declarations

Number of formal/informal talks on ethics with govt officials;

Conduct ethics programs in all national agencies over __ year cycle;

Scores on satisfaction surveys


Percentage of policy issues with substantial impact on where executive seeks and uses ACA advice;

Percentage of ACA comments taken into account in legislation; Ensure all ethics agreements with political appointees completed within agreed time



Percentage agency financial disclosure issues resolved within 15 working days

Public information, education, outreach

Number of public forums;

Scores on satisfaction surveys



Number of graft reports received;

Survey data on public awareness/knowledge



Number of public forums per year



Table 3: Overview of ACAs in Industrial Countries


Country

ACA/type

Establishment

Powers

Budget & personnel

Independence & accountability

Other comments

U.S.

a. Office of Government Ethics

b. Special Prosecutor

c. NYC Dept of Investigation


a. and b. Ethics in Government Act 1978, response to Watergate scandal

c. Founded 1873, response to Tweed ring abuses, latest reform 1988



a. Guidance and rule-making on ethical standards, review financial disclosures of high executive officials, compliance monitoring, outreach to public sector

b. Investigate, prosecute high officials

c. Anti-corruption law enforcement, prevention function now handled by separate Corruption Prevention Bureau


a. 74 staff, $11 million budget

a. Executive agency

b. Appointment by judicial panel with some AG oversight



a. No investigation powers, no authority over legislative or judicial branch

b. Legislation lapsed



UK

a. Parliamentary Commissioner for Standards

b. Serious Frauds Office


















France

Service Central de Prevention de la Corruption

Advisory -- scope includes public and private sector activities



Loi no. 93-122 du 29 Janvier 1993 relative a la prevention de la corruption et la transparence de la vie publique et des procedures publiques

Centralization of information and intelligence on corruption

Studies of corruption vulnerabilities

Advisory opinions at request of selected central authorities, courts, and regional/local councils


Made up of judges and civil servants attached to central depts., including treasury and audit

Independent interministerial authority attached to MOJ

Headed by a judge






Australia

NSW Independent Commission Against Corruption

(Hong Kong ICAC model)



NSW ICAC Act 1988

Response to scandals leading to imprisonment of senior judge and minister, disgrace and discharge of deputy police commissioner



Investigations and public hearings; Prevention and advice to govt departments;

Educating public

1994 legal amendment extended scope to parliament

Scope includes private sector



Net costs FY 2001: U.S. $8.6 million

Staff: 121 in 4 divisions



Commissioners appointed to non-renewable 5 year term

Oversight by 2 parliamentary committees



‘Products’ include Corruption Resistance Reviews, Ethical Culture Survey Kit


Table 4: Anti-Corruption Agencies in Asia


Country

ACA/type

Establishment

Powers

Budget & personnel

Independence & accountability

Other comments

Brunei

Anti-Corruption Bureau

Prevention of Corruption Acts of 1982 and 1984

Prevention activities

Investigations, compel evidence, search, arrest






Director appointed by and solely responsible to Sultan




Hong Kong

Independent Commission Against Corruption

ICAC Ordinance 1974

Response to rampant police corruption, Godber scandal and Commission of Inquiry



Investigations, Prevention, Education & Public support

Crimes investigated include excess wealth

Prevention of Bribery Ordinance gives ICAC power to search bank accounts, seize travel and other documents, require suspects to provide details of assets


Staff of 369 in 1974 up to 1,314 recently

Annual recurrent costs: U.S. $91 million in FY 1999/2000, U.S. $7.2 million in 1997/7 (0.42% of overall annual govt recurrent expenditure)



Reports directly to executive

Subject to judicial review, legislative oversight

Independent complaints committee

4 citizen advisory (oversight) committees: general, and one for each of the 3 departments

Explicit performance standards

Policy of pursuing all corruption allegations with no selection



Uncertainty, hints of increased political intrusion since 1997 handover

By far the most-cited case, very well covered in the literature



India

a. Central Vigilance Commission

b. Central Bureau of Investigation, Scope: corruption, economic and special crimes

c. State-level CVCs/ombuds


a. Founded 1964, response to Santhanam Committee findings, made a statutory body in CVC Ordinance 1998

b. Founded 1941, reformed 1987



a. Monitor/guidance to ministries’ ethics practice, refer matters for investigation/ prosecution, oversight of police/CBI corruption cases (central govt only)

b. Investigation, prosecution of central and (in some cases) state officials (executive only)



a. Chair, 4 commissioners, 17 specialized staff and support staff

b. 800 investigators, 200 prosecutors, total staff complement of 5,000



a. Independent body reporting to parliament

b. Prosecution under Prevention of Corruption Act 1988 requires prior approval relevant (central/state) govt department – high officials interfere



India did not prosecute a minister 1947-97, but new cases and tough action since 1998



Country

ACA/type

Establishment

Powers

Budget & personnel

Independence & accountability

Other comments

Indonesia

ICAC model ACA being set up

1999 anti-corruption laws call for ACA, enabling law for ACA still in parliament













Korea

Presidential Anti-Corruption Commission (Jan. 2002)

Scope: corruption by high officials



Anticorruption Law 2001, superceding earlier bureaus going back to 1963

Scandals: senior officials, Kim family



Receive reports

Forward cases for investigation

Recommend preventive steps

Public outreach



139 staff

Commissioners appointed by president

No investigative powers

Malaysia

Anti-Corruption Agency (ICAC model)

Scope includes private sector corruption



Founded in original form in 1959, reformed in Anti-Corruption Act 1997

Investigate, arrest, prevention, public outreach, intelligence, random public sector checks.

8 divisions, offices in all 14 states

Dir. Gen. appointed by King, on PM’s recommendation, reports to parliament

Public Complaints Bureau



Public perception that “big fish” are immune

Case study candidate



Pakistan

National Accountability Bureau

NAB Ordinance (Presidential decree) of 1999

Investigation, prosecution, arrest, freeze assets

Scope includes financial sector crimes

Burden of proof re source of assets is on the accused


Staff: 800

Independent statutory body

Chair appointed to fixed term by President in consultation with Chief Justice,

Appeal rights


Cases under NAB Ordinance handled exclusively by Accountability Court

Philippines

a. Office of the Ombudsman

b. Presidential Commission Against Graft and Corruption



a. Created by 1987 Constitution, response to Marcos-era abuses

b. Established 1994



a. Investigation, prosecution, administrative adjudication, public assistance, graft prevention

b. Look into administrative cases of corruption by high officials, make recommendations to President



FY 2001-2 budget U.S. $8.9 million

(0.0058% of total government recurrent costs FY 2001)



a. Constitutional body

b. Reports to President



a. Cases against high officials handled by Sandiganbayan (15 judge corruption court)




Country

ACA/type

Establishment

Powers

Budget & personnel

Independence & accountability

Other comments

Singapore

Corrupt Practices Investigation Bureau

Scope now includes private sector corruption



Founded 1952

Receive & investigate corruption allegations, Investigate other wrongs discovered in corruption cases, Prevent corruption through studies of public sector

Officials must declare wealth, annually declare non-indebtedness



FY 1991-2 budget U.S. $3.23 million

71 staff positions

Originally took staff on short secondments


Part of Prime Minister’s office

Public complaints of overzealousness, torture

Well covered in the literature



Sri Lanka

Permanent Commission for Prevention of Bribery and Corruption

Founded 1994, succeeded earlier AC bodies




Originally had 84 police officers, but this was reduced over time





Investigated 6,000 cases in 1st 2 years, then caught up in legal/political disputes with government

Thailand

National Counter Corruption Commission

1997 constitution, organic law of 1999 strengthened commission dating from 1975

Inspect asset declarations; Prevention through studies and public education; Investigation of complaints from govt or citizen groups, admin and criminal charges, unusual wealth




Constitutional body

Members appointed by Senate

Reports to Senate

Members subject to removal for enumerated causes



Receives 4,000 complaints per year

Public concern about ineffectiveness, selectivity




Table 5: Anti-Corruption Agencies in Africa


Country

ACA/type

Establishment

Powers

Budget & personnel

Independence & accountability

Other comments

Benin

Cellule pour la Moralisation de la Vie Publique

Set up by 1996 National Conference following change of govt

Investigation, initiating prosecutions, public education




Separate budget

Reports to President



Public concerns about ethno-regional bias

Botswana

Directorate of Corruption and Economic Crime

ICAC model; Scope includes private sector, but investigations only with consent



Corruption and Economic Crime Act, 1994

Response to early 1990s scandals and commissions of inquiry



Receive complaints; Investigation: very broad powers, including arrest, broad search powers very wide scope; Prevention through public sector studies, Public education

Unexplained wealth as grounds for suspicion



109 staff

Recruitment cumbersome due to need to go through dept of Public Service Management



Director appointed at sole discretion of President for unstated term

DCEC has formal autonomy, though part of civil service

Penalties for frivolous complaints


Received 1,380 complaints 1996

Public criticism for selective investigation

Staff helping AG in prosecutions due to backlog, courts also backlogged

Ombudsman handles petty corruption

Well covered in the literature


Ghana

Serious Frauds Office

Scope: offenses involving serious financial or economic loss to the state



Act 466 of 1993, superceding agencies dating to 1982

Investigation (freeze assets, compel information), Prosecution (with AG permission), Monitor economic activities, Prevention, Collect information

Limited staff, funds, and ability to reach outside capital

Staff said to be of high quality



Executive agency

Public concerns re lack of SFO constraint in charging complex fraud, using rewards to ‘buy’ information

Case study candidate



Malawi

Anti-Corruption Bureau

Corrupt Practices Act

Investigation, prosecution, prevention, civic education










Tanzania

Prevention of Corruption Bureau

Founded 1975

Investigation, Prosecution, Advice and prevention in public sector

FY 2001-2 budget U.S. $4 million

412 staff



Part of President’s office, Director appointed by President

Case study candidate

Uganda

Inspector General of Government

Type: Ombudsman plus



Founded 1987

1995 Constitution enhanced powers



Investigate abuse of office, corruption complaints; Review and advise on public sector practices; Inform and educate public

Scarce resources prevent outreach to countryside

Appointed by and reports to President

Also sends performance reports to parliament



Referrals for prosecution have had little result

Well covered in the literature



Zambia

Anti-Corruption Commission
















Table 6: Anti-corruption agencies in Latin America


Country

ACA/type

Establishment

Powers

Budget & personnel

Independence & accountability

Other comments

Argentina

Anti-Corruption Office

Law 25.233 of 1999, superceding previous agency

Investigations, Initiate/refer for prosecution, Prevent corruption and enhance public sector transparency

Review official financial disclosures



21 investigators

16 public sector transparency experts



Part of MOJ

Headed by Public Administration Prosecutor



First 18 mo.: received 1400 allegations

ACO selects cases by economic, institutional, social impact

Suggested case study


Chile

a. National Commission of Public Ethics

b. Comptroller General



a. Est. 1994













Ecuador

Comision de Control Civico de la Corrupcion

Est. March 1997, defined in 1998 constitution and Law of CCCC of March 1999

Prevention programs, monitoring public sector, civic mobilization, investigate cases involving state funds

2002 budget: $3.6 million, some funds from donors for special projects

Staff: 54



Commissioners chosen by civic assns, chair elected by commissioners

Agency has its own budget line\

Reports to public via Congress


Branches in Quito and Guayaquil

Attorney General’s office obstructing referrals of investigations for prosecution



Guatemala

a. Comptroller General

b. Administrative Oversight Commission



b. Est. Jan. 2000

a. Ethics code preparation, complaints hotline








Financial disclosure law enacted 1997

Mexico

a. Supreme Audit Agency

b. Executive Branch Auditor



a. Est. 1999

b. Accountability Law for Public Servants 1999



a. Anti-corruption activities across all govt

b. Admin oversight of exec branch, refer cases to AG












Panama

a. Comptroller General

b. National Directorate against Corruption/MOF



a. Powers expanded 1998

b. Est. 1999



a. Hotline for corruption complaints, AC public education program, special investigation unit




b. Part of Ministry of Finance

Financial disclosure law for officials handling public funds, 1999


Table 7: ACA Powers





Select Cases

Investigate Abuses in Public Sector

Investigate Abuses in Private Sector

Make Arrests

Search and Seizure

Conduct Surveillance Operations

Prosecute

NSW Australia

(ICAC)

yes

yes

yes

yes

Yes




no

Botswana (DCEC)

no

yes

yes

yes

Yes




no

Ecuador (CCCC)




yes

no













Hong Kong (ICAC)

no

yes

yes

yes

yes

yes

no

India (CVC)




yes













no

Singapore (CPIB)

no

yes

yes

yes

yes

yes

no

Thailand (NCCC)




yes




yes

yes







Uganda (Inspectorate)




yes




yes







no

Argentina (ACO)

yes

yes













no

Malaysia (ACA)

no

yes

yes

yes

yes

yes

no

Tanzania (PCB)

yes

yes













no

Philippines (Ombudsman)




yes













yes

US (OGE)










no

no

no

No

France (SCPC)




yes

yes










no


Table 8: ACA Resources





Budget

(U.S.D.)

Staff Total

Number of Investigators (authorized or actual)

NSW Australia

(ICAC)

$15.7 million

122

53 (actual)

Botswana (DCEC)

$1.8 million

130




Ecuador (CCCC)

$3.6 million

54




Hong Kong (ICAC)

$90.66 million

1,314

216 (actual)

India (CVC)




252

800 (actual)

Singapore (CPIB)

$3.23 million

66

49 (authorized)

Thailand (NCCC)




425




Uganda (Inspectorate)

$3.36 million

145




Argentina (ACO)

$5.89 million

37

21 (actual)

Malaysia (ACA)

$10.1 million

1,067




Tanzania (PCB)

$4 billion

412

177 (actual)

Philippines (Ombudsman)

$7.3 million







US (OGE)

$11 million

74




France (SCPC)











Table 9: ACA Independence





Who Appointments Chair?

Term of

Chair


To Whom Agency Reports?

Are Reports Public?

Own Line in Budget?

NSW Australia

(ICAC)

Governor

Up to 5 years

NSW Parliament

yes

yes

Botswana (DCEC)

President

President’s discretion

President

yes




Ecuador (CCCC)

Elected by Commission







yes

yes

Hong Kong (ICAC)

Governor




Governor

yes

yes

India (CVC)

President

3 years

Parliament

yes




Singapore (CPIB)

President

President’s discretion

Prime Minister

no

no

Thailand (NCCC)

Elected by Commission




Senate




yes

Uganda (Inspectorate)

President

4 years, renewable once

Parliament




yes

Argentina (ACO)

President




President

yes

no

Malaysia (ACA)

King, on PM’s recommendation

Usually 2 years, renewable

Prime Minister

yes

no

Tanzania (PCB)

President

President’s discretion

President/

Chief Sec. of House



yes

no

Philippines (Ombudsman)

President

7 years; renewable

President/

Congress


Yes

yes

US (OGE)

President

5 years




yes

yes

France (SCPC)







MOJ/PM




no


Table 10: ACA Performance Data


Agency/Indicator

Cases/Complaints Received

Monitoring, Investigations, Prosecutions

Prevention, Ethics Guidance, Asset Declarations

Public Information, Outreach

Argentina

ACO

1,784 investigations started.

81% of investigations since Dec. 1999 concluded.

9% decrease in unsolved cases.


489 cases referred to the judicial system since Dec. 1999. 317 referred in 2001.

14% increase of cases under judicial investigation between 2000 and 2001.

44 prosecutions. 20 cases were dismissed


99.9% compliance rate by the civil servants required to file a financial disclosure statement.





Australia NSW

ICAC

265 recommendations for reform arising out of investigations.

6 investigative reports.

1509 complaints with 2058 allegations


10 prosecutions, 10 disciplinary action proceedings 2000-2001


4 prevention reports, 7 research reports published.

148 recommendations for reform fully implemented, 74 partly implemented.



3 major conference, and 5 government training events held.

Botswana

DCEC

Number of investigations commenced: 390

Number of

complaints received: 1475

Number made in which complainants identified themselves: 1096, 74.31%

Number made anonymously:

379


Number of cases either referred to other bodies or in which no action was taken: 1085





145 presentations to public on corruption

Ecuador

CCCC


Number of completed investigations: 322

Number of complaints received: 512



Number of cases referred for legal or administrative action: 79







Hong Kong ICAC

Percentage of those making graft complaints interviewed immediately/within 48 hours: 99%

Percentage incoming calls handled immediately: 100%

Percentage pursuable complaints completed within 12 months: 89%

Number of graft reports received: 3,561

Number of cases identified and investigated via own initiative: 216


Number of persons prosecuted (corruption and related offenses): 504 (32% increase over 1998, up from 300+ on avg. 1974-1984).

convictions: 302 (up 15% from 1998), for a success rate of 60%




Number of detailed studies of govt practices & procedures: 106

Number of requests from private firms for free corruption prevention advice: 260

Percentage requesters of advice/training on corruption prevention contacted within 2 days: 100%





India

CVC

Number of complaints pending: 484

Number of cases pending: 1594

Number of investigation reports pending: 977

Number of investigation reports received: 3568

Number of complaints received: 5609

Number of cases received: 5762



Number of Prosecutions: 59







Malaysia

ACA



413 investigations in 1999.

147 of prosecuted in 1999 comprised new cases or cases charged in 1999, 213 were cases outstanding from 1998.



360 prosecutions begun in 1999. 152 prosecutions completed which led to 89 convicted, 56 acquitted and discharged, 7 discharged.







Tanzania

PCB

Number of complaints under investigation(2000): 1128

Number of cases: 1461

Number of complaints under investigation closed (2000): 328

Number of public complaints received (2000): 1311

Number of private complaints received (2000): 88


Number of Prosecutions (1995-2000): 94




12 public meetings

225 seminars

157 radio programs

48,000 brochures and leaflets



Uganda

IGG

Number of cases investigated and completed: 98 (7%)

Number of complaints received: 1,428



Number of cases referred to other government department:

420








Philippines

Ombudsman

Number of new cases: 9,739


Number of cases filed for prosecution with the courts: 2,209

Cases in which penalties were imposed on government officials or employees: 514



Requests for preventive assistance tended to: 10,583






Annex 2: Agencies and Their Structures

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