PS  9:  Compliance

(Note:  Please refer to the Frequently Asked Questions (FAQs) at the end of this PACS Standard for further guidance on this standard)

This PACS Standard makes the following recommendations in relation to compliance on public sector projects.

1. Each major project participant should appoint a senior manager (“compliance manager”) who is responsible for ensuring as far as possible that such participant and its personnel comply with the anti-corruption commitments.
2. The project owner’s compliance manager should ensure that:
   • The independent assessor is appointed.
   • The project transparency policy is followed.
   • The procurement procedures are followed.
   • Anti-corruption commitments are properly given by project participants, relevant funders and relevant government departments.
   • Audits are carried out.
   • The project owner complies with clause 3 below.
3. The compliance manager of each major project participants should ensure that:
   • Pre-contract disclosures are properly exchanged and assessed.
   • Anti-corruption commitments are met.
   • Training is given, rules are posted up, and gifts and hospitality procedures are followed.
   • Corruption reporting procedures are in place, and reports of corruption are made and followed up.
   • Proper steps are taken to implement enforcement procedures in the event of corruption.
4. The compliance manager should have a duty to investigate any suspicions of corruption and to report such matters promptly to senior management.
5. The compliance manager should be appropriately qualified, and should have received training in anti-corruption compliance.
6. The compliance manager may combine his compliance role with other responsibilities.  For example, he may also undertake the role of project manager, financial manager, commercial manager, safety manager etc., provided that he has sufficient time available properly to undertake his compliance role.