PACS Standard 10 forms part of GIACC’s Project Anti-Corruption System (PACS), which comprises 15 PACS Standards (see links at foot of this webpage).
[NOTE: The webpages on PACS Standards 1 to 15 are being updated between 1st and 30th September 2021, during which time the page content may not be complete, and there may be inconsistencies on these pages.]
The types of permit intended to be covered by PACS Standard 10 include government permits issued by public officials in relation to matters such as (i) planning permission, (ii) compliance with fire, safety, building and environmental regulations, (iii) work permits, (iv) passports and visas, and (v) customs clearance. These normally tend to be routine permits, where public officials may be issuing numerous permits each day, and where the terms of the permits are likely to be the same or materially similar.
There is a considerable risk of corruption in relation to the issuing of the types of permit referred to in G 1 above.
The primary purpose of PACS Standard 10 is to try to prevent corruption which is initiated by public officials.
The Project Owner is required to assist all Suppliers and Sub-suppliers by informing them of the types of permit required for the Project, of how to apply, and of the fees and timescales involved. Much of the corruption in relation to the issuing of permits arises due to uncertainty in relation to these matters, so, by providing clarity, the Project Owner is helping reduce the risk of corruption.
The Suppliers and Sub-suppliers are required to notify the Project Owner in the event of any suspicious circumstances or difficulties surrounding the issue of permits, and the Project Owner is then required to assist.
Where the Project Owner is a public sector organisation, the above obligations on the Project Owner should significantly help reduce the risk of corruption in relation to the issuing of permits for the Project, as the relevant public officials will be aware that the Project Owner will intervene if there is corruption , and this may dissuade the public officials from acting corruptly.
It may be be more difficult for a private sector Project Owner to assist the Suppliers and Sub-suppliers in relation to permit issuing difficulties, as it would not have the same internal government influence as a public sector Project Owner. However, if it is an important Project for the country, the private sector Project Owner may be able to assist.
In the event that the Project Owner suspects that the issue complained of reveals possible corruption, then the Project Owner should report such matter to the law enforcement authorities. This obligation will help prevent corruption in the permit issuing (as the applicants and public officials will be aware of this reporting obligation), and will help result in enforcement action in the event of actual corruption.
PS 10: Government permits
Updated on 16th September 2021