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Eliminating Corruption in Our EngineeringConstruction Industry
Eliminating Corruption in Our EngineeringConstruction Industry
Corruption in
Our Engineering/
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Construction
Industry
MAARTEN DE JONG; WILLIAM P. HENRY, P.E.;
AND NEILL STANSBURY
W
e are all proud of our material suppliers, equipment suppliers, lenders, and owners
engineering/construction in- who plan, design, construct, operate and maintain our built
dustry’s role in shaping our environment.
world. Our water and waste- Yet, despite all of the good that the engineering/
water systems have done construction industry has done, our industry still receives
more to improve public notoriety for corruption. The public works/engineering/
health than all the hospitals in the world. Our roads and construction sector has been identified as the most corrupt in
bridges, railroads, transit systems, airports, and ports move the world 共Transparency International 2008兲. For a long time,
people to and from their houses and jobs, and move goods the industry had no concerted plan to attack the problem.
from producers to consumers. The buildings we produce pro- Some governments had enacted legislation to outlaw overseas
vide houses, stores, manufacturing, energy 共refineries, power bribery—the Foreign Corrupt Practices Act in the United
plants兲, education 共schools兲, and health care 共hospitals兲. Life as Statesisanexample—butenforcementhadbeenspotty.How-
we know it would not exist without engineers, constructors, ever,inthelate-1990sseveraleventshappenedthatgaveriseto
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106 Leadership and Management in Engineering
JULY 2009 䊏
108 Leadership and Management in Engineering
ducting a significant number of investigations under the oil and gas, and mining and mineral sectors, with combined
new laws into alleged corrupt behavior. Although this has annual revenues in excess of US$500 billion, and from over
resulted in few prosecutions, the number is expected to in- 35 countries, have committed not to tolerate bribery, and to
crease as a result of improved reporting and increased inter- implement effective anticorruption procedures.
national cooperation. The major international lenders have also been active in
Debarment is becoming a more widely used government developing and implementing anticorruption programs. In
tool. It is a system under which companies or individuals February 2006, the African Development Bank, Asian De-
who are found guilty of corruption are prevented from par- velopment Bank, Inter-American Development Bank, Euro-
ticipating in future projects owned or funded by the debar- pean Investment Bank, European Bank for Reconstruction
ring organization. Many governments operate a debarment and Development, the International Monetary Fund, and the
system. For example, as a result of the European Union Pro- World Bank agreed to standardize their definition of corrup-
curement Directives 2004, all European Union member tion, to improve the consistency of their investigative rules
states were required, by January 31, 2006, to ensure that and procedures, to strengthen information sharing, and to
their laws provided for mandatory exclusion of a company assure that compliance and enforcement actions taken by one
from public sector and utility contracts if the company, or its institution are supported by all others. They also agreed to
directors, or any other person who has powers of representa- work together to develop concrete proposals to assist coun-
tion, decision, or control of the company, have been con- tries in strengthening their capacity to combat corruption,
victed of corruption, bribery, fraud, money laundering, car- and to improve cooperation with civil society and other
tels, and specified other offences. stakeholders and institutions with the goal of enhancing
In May 2006, an OECD antibribery working group, transparency and accountability.
which comprises the export credit agencies of all OECD In addition, all multilateral development banks operate
countries, issued its “Action Statement on Bribery and Offi- debarment systems. The best known is that of the World
cially Supported Export Credits.” This requires all OECD Bank, which has a large corruption investigation depart-
export credit agencies to enhance their anticorruption ac- ment, and which publishes a list of debarred individuals and
tions. Among the actions are requirements that export credit organizations on its Web site.
agencies: The World Bank has also developed its Voluntary Dis-
closure Program. This is a program that allows firms that
• Encourage applicants for export credits to develop, apply,
have been involved in corrupt activities to confidentially de-
and document appropriate antibribery management con-
scribe their activities in detail in exchange for lack of debar-
trol systems;
ment. The program is in its infancy, but holds promise as a
• Require applicants to provide undertakings that neither
tool to combat corruption.
they, nor anyone acting on their behalf, has engaged, or
Our engineering/construction industry has drawn the at-
will engage in bribery;
tention of organizations that evaluate how decisions are made
• Verify whether applicants appear on a multilateral devel-
in countries. Transparency International 共TI兲 is the leading
opment bank debarment list, or are being investigated, or
evaluator of our industry and has developed the “Business
have been convicted of bribery;
Principles for Countering Bribery” and its accompanying
• Require disclosure of agents and their commissions; and
guidelines, implementation plan, and verification module.
• Obtain recourse from an applicant in the event of bribery.
Transparency International also publishes its Corruption Per-
ceptions Index and Bribe Payers’ Index, and works with oth-
Organizations ers to improve the efforts of all against corruption. For ex-
The consulting engineering community has also been active ample, TI, the United Nations Global Compact 10th
in developing and implementing anticorruption programs. Principle, the International Chamber of Commerce’s Com-
The International Federation of Consulting Engineers mission on Anticorruption, and the World Economic Fo-
Since launch, the Resource Centre has been visited by orga- • Encourage the use of certifications specifying zero-
nizations from over 125 countries. 共www.giaccentre.org兲. tolerance for bribery, fraud, and corruption in all contracts.
GIACC also has published the “Project Anticorruption Sys-
tem” 共PACS兲, which is a modular system designed specifi- This language is much more specific in addressing the
cally for construction projects. These modules include anti- role of the individual engineer when confronted with bribery,
corruption commitments, independent monitoring, due fraud, and corruption in our engineering/construction indus-
diligence, transparency, and training. try.
It is now accepted that cooperative action is essential if
Individuals corruption is to be prevented. Tackling corruption is not a
We have discussed what companies and institutions are do- competitive issue. Everyone 共apart from the corrupt兲 will
ing to address corruption in the engineering/construction in- benefit if corruption is eradicated. A level playing field will
dustry. Recognizing that individuals making bad decisions is be achieved, and companies will be able to compete and to
the root cause of the problem, the engineering societies perform free from the risks, unfairness, and uncertainties
around the world, whose members are individuals, not firms, which corruption imposes. Several cooperative initiatives
are also acting to fight corruption. Several organizations have have been established.
developed model codes of conduct and guidance to assist The World Federation of Engineering Organizations
individual engineers improve their understanding of ethical brings together national engineering organizations from
practices and the damage and risks of corruption, and to more than 90 nations and represents some 15,000,000 en-
enhance their disciplinary procedures. gineers from around the world. It has established an interna-
The United Kingdom Institution of Civil Engineers has tional Anticorruption Standing Committee, with members
published a revised Code of Professional Conduct and ac- from each continent, to agree on appropriate anticorruption
companying Advice on Ethical Conduct, which deal ex- actions.
pressly with the issue of corruption. The United Kingdom Anticorruption Forum is an alli-
The American Society of Civil Engineers has worked as ance of business associations, professional institutions, and
the secretariat for more than 100 engineering societies glo- organizations in the United Kingdom with interests in the
bally to develop and distribute “Combating Corruption in domestic and international infrastructure, construction, and
Engineering and Construction—An Engineer’s Charter.” engineering sectors. It was founded in October 2004. Its
This document prohibits corruption by engineers, and the members include the Association for Consultancy and Engi-
signatory organizations pledge they will work with other neering, British Expertise, Chartered Institute of Building,
international organizations to eradicate corruption. Chartered Institute of Purchasing and Supply, Engineers
ASCE has also amended their Code of Ethics, specifically Against Poverty, Institution of Civil Engineers, Institution of
Cannon 6 which states that: “Engineers shall act in such a Mechanical Engineers, Institution of Structural Engineers,
manner as to uphold and enhance the honor, integrity, and Royal Institution of Chartered Surveyors, and Transparency
dignity of the engineering profession and shall act with zero- International 共U.K.兲. These associations represent over 1,000
tolerance for bribery, fraud, and corruption.” companies and 350,000 industry professionals. The Forum
Canon 6 also calls for engineers to: also includes numerous large, medium, and small companies
• Not knowingly engage in business or professional prac- as active members. The purpose of the Forum is to promote
tices of a fraudulent, dishonest, or unethical nature; industry-led actions which can help eliminate corruption. In
• Be scrupulously honest in their control and spending of September 2005, the Forum published its “Anticorruption
monies, and promote effective use of resources through Action Statement,” which calls on all those with interests in
open, honest, and impartial service with fidelity to the the infrastructure, construction, and engineering sectors to
public, employers, associates, and clients; take effective and coordinated action to reduce corruption, on
JULY 2009 䊏
110 Leadership and Management in Engineering
kill.
2. Shine a bright spotlight on corrupt activities wher-
ever you see them; REFERENCES
3. Make it socially unacceptable to be involved in cor- Transparency International. 共2008兲. “Transparency Inter-
ruption; national bribe payers’ index, 2008.” 具http://www.trans
4. Encourage organizations to implement anticorruption parency.org/policy_research/surveys_indices/bpi/bpi_
management measures in their organizations and on 2008典.
their projects; and World Bank Institute. 共2004兲. 具http://web.worldbank.
5. Educate the next generation of engineers, construc- org/WBSITE/EXTERNAL/WBI/EXTWBIGOVANT
tors, owners, government leaders, material and equip- COR/0,,contentMDK:20787588~menuPK:1857785~
ment suppliers, and lenders on the true cost of pagePK:64168445~piPK:64168309~theSitePK:17405
corruption. 30,00.html典.
Despite the positive and significant changes that are oc- MaartendeJongisthedirectorofEthicsandBusiness
curring, there is still major corruption in many countries. Integrity Services in The Netherlands. He can be
The main problem is that many politicians and government reached by e-mail at marten.dejong@ebi-services.nl.
officials 共in both developed and developing countries兲 are William P. Henry is a retired water resources engineer in
themselves corrupt. They control the decision-making pro- Sequin, Wash. He is a past president of ASCE and past
cess, and, frequently, the prosecution authorities and courts. chairoftheAmericanAssociationofEngineeringSociet-
They grant themselves immunity against prosecution. They ies. He is a member of the anticorruption standing com-
can, therefore, enrich themselves with impunity. Many other mittee of the World Federation of Engineering Organi-
leaders who are not corrupt take insufficient action to pre- zations and cochair of the Asian Civil Engineering
vent corruption. It is difficult to achieve change at a working CoordinatingCouncilanticorruptioncommittee.Hecan
level when leaders are corrupt, and little action is taken to be reached by e-mail at whenrype@wavecable.com.
prosecute, or recover stolen assets. Junior officials, who are Neill Stansbury is the co-coordinator of the U.K. Anti-
frequently underpaid, supplement their income with minor corruption Forum. He can be reached by e-mail at
facilitation payments, and see little reason to change when neill.stansbury@giaccentre.org. LME