PACS Standard 14:

Enforcement

PACS Standard 14 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.]

Requirements

Enforcement of contractual rights and remedies: The Project Owner should:
1. enforce appropriate contractual rights and remedies against any of its Suppliers which are involved in corruption, or which are in breach of the Project Code of Conduct or of their anti-corruption commitments
2. require all Suppliers to enforce appropriate contractual rights and remedies against any of their Sub-suppliers which are involved in corruption, or which are in breach of the Project Code of Conduct or of their anti-corruption commitments.
Disciplinary action against personnel: The Project Owner should:
1. take appropriate disciplinary action against any of its personnel who are involved in corruption, or who are in breach of the Project Code of Conduct
2. require all Suppliers to take appropriate disciplinary action against any of their personnel who are involved in corruption, or who are in breach of the Project Code of Conduct
3. require all Suppliers to require their Sub-suppliers to take appropriate disciplinary action against any of their personnel who are involved in corruption, or who are in breach of the Project Code of Conduct.
Reports to law enforcement body: Where there are reasonable grounds to suspect that a corruption offence may have been committed, the Project Owner should refer the matter to the law enforcement body for investigation and prosecution.

Guidance

G1: Why is it important to have penalties for corruption, and to enforce these penalties?

Corruption will only be materially reduced if individuals believe that there is a real probability that corruption will be reported, investigated and penalised. If there is no penalty, or if individuals are aware that penalties are not enforced, then there will be no effective deterrent.

G2: What contractual commitments can be enforced?

The relevant anti-corruption contractual commitments are contained in PACS Standard 4. These commitments include compliance with the Project Code of Conduct (PACS Standard 8).