G1: Why is it important to provide anti-corruption training to Project personnel?
Corrupt acts may be committed by Project personnel. Often personnel commit these acts because they:
- believe that these acts are normal business practice
- believe that their organisation’s top management would approve of these acts
- believe they are acting in the interests of their organisation
- are pressured by their colleagues at work to commit or overlook these acts
- are not aware that they are criminal offences
- are not aware of the serious criminal penalties that may apply to them personally and to their organisation
- do not believe that there is any real possibility of these corrupt acts being discovered or punished.
Consequently, in order to limit corruption on a Project, it is essential that all relevant Project personnel have appropriate training to ensure that they are made aware that all forms of corruption are prohibited, of the risks of corruption, and of how they should act so as to prevent, avoid and deal with corruption.
G2: Does PACS make the provision of anti-corruption training a binding and enforceable requirement?
- Obligation to provide anti-corruption training: PACS Standard 4 (paragraph 2) provides that it should be a commitment in all Project Contracts that the Project Owner and Supplier should ensure that their relevant personnel are trained in accordance with PACS Standard 9. An equivalent obligation is required to be included in all Project Sub-contracts (see paragraph 3 of PACS Standard 4).
- Enforcement of that obligation:
- PACS Standard 14 requires the Project Owner to take appropriate enforcement action against Suppliers for breach of its anti-corruption commitments (which would include breach of the training requirements).
- PACS Standard 4 (paragraph 3) requires Suppliers to take appropriate enforcement action against any of its Sub-suppliers which are in breach of their anti-corruption contractual commitments (which would include breach of the training requirements).