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PowerPoint 簡報 (PPT 檔案)

  1. 1. The EIB and Fraud: How the EU Bank combats and prevents Fraud and Corruption Jan Willem van der Kaaij (EIB Inspector General) 4th ICAC Symposium Hong Kong, 15-17 December 2009 17/12/2009 European Investment Bank 1
  2. 2. The EIB Group – The EIB EIB – The EU Bank:  Providing long-term finance for projects promoting European objectives;  Supporting EU Development and Cooperation Policies in Partner Countries.  2008 key figures: Total Lending: EUR 57.6 bn - European Union: EUR 51.5 bn - Partner countries: EUR 6.1 bn Borrowings: EUR 59.5 bn Subscribed capital: EUR 232.4 bn (at 01/04/2009) 17/12/2009 European Investment Bank 2
  3. 3. EIB lending 1958-2008 17/12/2009 European Investment Bank 3
  4. 4. The European Investment Bank (EIB) European priority objectives Within the Union: Cohesion and convergence Small and medium-sized enterprises (SMEs) Environmental sustainability Knowledge Economy Trans-European Networks (TENs) Sustainable, competitive and secure energy 17/12/2009 European Investment Bank 4
  5. 5. The European Investment Bank (EIB) European priority objectives Outside the Union: Private sector development Infrastructure development Security of energy supply Environmental sustainability Support for EU presence in Asia and Latin America via Foreign Direct Investment (FDI) 17/12/2009 European Investment Bank 5
  6. 6. EIB Activities Outside the Union Supporting EU Development and Cooperation Policies in Partner Countries EIB external mandates: Pre-accession countries: Candidate countries - Croatia, Turkey and Former Yugoslav Republic of Macedonia Potential candidate countries - Western Balkans European neighbourhood: Mediterranean Neighbourhood (FEMIP) Eastern Europe, Southern Caucasus, Russia Development: Africa, Pacific and Caribbean (ACP) South Africa Asia and Latin America (ALA) Loans of EUR 6.1bn in 2008 17/12/2009 European Investment Bank 6
  7. 7. Asia and Latin America EIB can lend up to EUR 3.8 bn during 2007-2013: Support for EU presence in Asia and Latin America through Foreign Direct Investment and technology transfer Environmental sustainability (climate change mitigation) EU energy security Loans of EUR 470 m in 2008 17/12/2009 European Investment Bank 7
  8. 8. The Project Cycle at the EIB N.B.: Fraud/corruption can affect each phase of the project cycle. 17/12/2009 European Investment Bank 8
  9. 9. EIB Fraud Investigations (1) Investigations of allegations of the following in EIB-financed contracts (as well as Bank staff cases of internal fraud, if any):  fraud;  corruption;  collusion; and  coercion.  Key features: independent in the exercise of its responsibilities; work cooperatively with OLAF; fair/impartial with due regard to rights of persons involved; all information/documents kept strictly confidential; right to examine/copy promoter/contractors‟ books and records. N.B.: Investigations are administrative, fact–finding inquiries. 17/12/2009 European Investment Bank 9
  10. 10. EIB Fraud Investigations (2)  Standard Process: receipt, registration and evaluation of an allegation results in decision whether to open a case;  Sources of Information incl. documents, electronic data, site inspections/audits, and statements from witnesses;  Findings: based on both exculpatory (disprove) and inculpatory (prove) information;  Standard of Proof: “more probable than not”;  Obstruction of investigation: false statement or act to impede the investigation by staff member is sanctionable;  Case reports simultaneously to President and VPs, the Audit Committee and OLAF. 17/12/2009 European Investment Bank 10
  11. 11. EIB Fraud Investigations (3) 2006 2007 2008 3rd Q 2009 Total complaints received 44 24 38 41 Cases reviewed without basis 21 3 17 27 New investigations opened 23 21 21 14 On-going investigations from 16 19 24 23 previous years Total investigations worked on 39 40 45 37 Investigations closed 20 16 18 5 Investigations open year end 19 24 27 32 Field missions 7 7 8 7 (of which with OLAF) 5 3 5 5 Cases leading to prosecution - 3 2 4 5 reimbursement 17/12/2009 European Investment Bank 11
  12. 12. EIB – OLAF Cooperation (1) OLAF and EIB:  Legal basis – ECJ decision in 2004 concerning access to EIB in “financial interests of the community”;  OLAF expertise : investigation; prosecution; contact with countries‟ judicial systems.  Working together: EIB banking expertise plus OLAF investigative/prosecution expertise;  Pooling of resources is more efficient. 17/12/2009 European Investment Bank 12
  13. 13. EIB – OLAF Cooperation (2)  Systematic & Routine: When complaints are received, two possibilities: (1) Cases not valid  OLAF can review the list; (2) Cases opened  OLAF informed by e-mail;  Monthly reporting to OLAF at same time.  Cooperation: Regular meetings (Brussels and Luxembourg); OLAF can join any site visit and EIB joins OLAF missions; EIB files and staff open to review by OLAF; EIB staff can report suspicions directly to OLAF. 17/12/2009 European Investment Bank 13
  14. 14. EIB’s Anti-Fraud Policy (1) Anti-Fraud Policy approved by Board of Directors in 2008 is published on the EIB website. The Policy includes:  Harmonised IFI definitions of fraud, corruption, collusion and coercion (WB, AfDB, etc… signed the Uniform Framework Agreement in September 2006 in Singapore);  Money laundering & terrorist financing plus referral of suspicious transactions to local authorities. Also, EIB uses a bespoke version of harmonised IFI Investigation Procedures (also part of the Uniform Framework) – Now, all IFIs investigate the same things in same way. 17/12/2009 European Investment Bank 14
  15. 15. EIB’s Anti-Fraud Policy (2) In addition, EIB also:  updated its whistleblower protection;  is training all operations staff (and all newcomers) in fraud awareness / red flags;  is developing a sanction/debarment process;  will recruit additional staff - also to increase proactive capacity. 17/12/2009 European Investment Bank 15
  16. 16. Fraud Awareness/Red Flags We advise EIB staff and project officials to: - enforce the rules and controls; - use “professional scepticism” – if something looks odd, it probably is! - not rely on appearances – look behind the paperwork and beneath the surface (e.g. conduct random sampling); - assume corrupt parties know “the system”; - train staff to recognise red flags (officials living beyond their means, unusual unit prices, odd bidding patterns, sham firms winning contracts, etc…) and deal with fraud/corruption issues; - reward staff for reporting fraud or corruption by including governance issues in staff appreciation. 17/12/2009 European Investment Bank 16
  17. 17. Increasing deterrence (1) Deterrence: not only identifying the fraudster/briber, but also increasing the risk for him/her by:  regulatory/audit/financial follow-up;  criminal investigation/prosecution;  reputational risk, media coverage, etc…;  debarment. In particular, EIB will:  recover misapplied funds, suspend disbursements, and implement rectification measures. 17/12/2009 European Investment Bank 17
  18. 18. Increasing deterrence (2) As a key player in international financial community, EIB:  exchanges information with other IFIs and other parties;  raises awareness of fraud and corruption issues;  works with IFI‟s to further harmonise approaches to key issues (disclosure of previous sanctions, agents fees etc.);  reviews/updates its policies & procedures to ensure they are robust and match „best practice‟;  continues dialogue with civil society, NGOs, contractors, etc… 17/12/2009 European Investment Bank 18
  19. 19. EIB’s Cooperation with National Authorities We are committed to cooperate and will:  Refer cases for investigation/prosecution to national authorities;  Assist with requests for information/documents and training;  Provide witnesses and/or evidence for criminal proceedings (subject to immunities and privileges); Cooperation is two-way - EIB expects:  Early notification of fraud or corruption issues affecting EIB- financed activities; and  Cooperation to assist EIB investigations. 17/12/2009 European Investment Bank 19
  20. 20. Contact Us Please do not hesitate to contact us at: EIB Investigations Division, 98-100 boulevard Konrad Adenauer, L-2950, Luxembourg (+352) 4379 84238 (+352) 4379 64000 j.vanderkaaij@eib.org devries@eib.org or investigations@eib.org and also http://www.eib.org/about/news/how-to-report-fraud-or-corruption.htm 17/12/2009 European Investment Bank 20
  21. 21. Thank you 17/12/2009 European Investment Bank 21