christopher r. yukins lynn david research professor in government procurement law the george...

Christopher R. YukinsLynn David Research Professor in

Government Procurement LawThe George Washington University Law

School

Side Event: UNCITRAL Standards for Transparency, Accountability and Good

GovernanceUNCITRAL Meeting

UN Headquarters, New YorkJuly 17, 2014

Relevance of UNCITRAL Model Procurement and

Implementation of UN Convention Against

Corruption

2

Background

3

Topics

Relevance of UNCITRAL model procurement law to implementation of Article 9 of the UN Convention Against Corruption (UNCAC)

Review of States’ compliance with Article 9 of UNCAC

Cooperation between UNODC and UNCITRAL regarding procurement

4Principal-Agent Model

PrincipalAgent 1

CO Purchase

MONITORING

BONDING (PUNISHING)

Agent 2Contractor

What is “corruption”

in procurement?

5What Risks Does Corruption Bring?

Reputation

Performance

Fiduciary

6

7How Do We Address Corruption in

Procurement?

Suspension / Debarment

Tender Boards

Prosecution

Audits

Bid Challenges Transparency

Oversight

Corporate Compliance

Ethics

8What Does UN Convention Against Corruption (Art. 9) Require?

Public Information

Advance award criteria and publication

Objective and predetermined criteria for award

Bid protest and appeal

Measures to control procurement personnel – e.g., rules and codes

Transparency, including in budgeting and accounting

9What Does UN Convention Against Corruption (Art. 9)

Require?

Public Information

Advance award criteria and publication

Objective and predetermined criteria for award

Bid protest and appeal

Measures to control procurement personnel – e.g., rules and codes

Transparency, including in budgeting and accounting

UNODC – UNCITRAL

Cooperation

10Conclusion

10

Christopher R. Yukinscyukins@law.gwu.eduTel. +1 202 994 9992