PACS Standard 9:

Training

PACS Standard 9 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 until 20th October 2021, during which time the page content may not be complete, and there may be inconsistencies on these pages.]

Requirements

Training for Project Owner personnel: The Project Owner should provide appropriate anti-corruption training on a regular basis to all of its relevant Project personnel.
Training for Supplier and Sub-supplier personnel: All relevant Project personnel of Suppliers and Sub-suppliers should be provided with appropriate anti-corruption training on a regular basis. This training should be provided:
1. either by the Project Owner
2. or by the Suppliers and Sub-suppliers (in which case the Suppliers and Sub-suppliers should provide reasonable evidence to the Project Owner that such training has been provided).
Training requirements: The anti-corruption training in paragraphs 1 and 2 above should comply with the requirements of paragraphs 4 to 8 below.
Identifying the level of anti-corruption training: The anti-corruption training should be appropriate to the skills and roles of the trainees and the corruption risks faced by them and by their organisation in relation to the Project:
1. Trainees who in their day-to-day functions face a low level of corruption risk may receive a simple level of training as specified in paragraph 5 below.
2. Trainees who in their day-to-day functions face a more than low level of corruption risk should receive a comprehensive level of training as specified in paragraph 6 below.
3. Personnel who are likely to face no corruption risk (such as cleaners and canteen serving staff) may receive no training.
Simple anti-corruption training: The simple level of anti-corruption training provided to trainees should include at minimum the following elements:
1. the Project Code of Conduct
2. a simple explanation of the different relevant types of corruption offences and penalties
3. the reason why corruption is damaging to the public, the organisation and the trainee
4. that the trainee must not get involved in any types of corruption
5. the disciplinary and criminal penalties that the trainee could face if s/he gets involved in corruption or breaches of the Project Code of Conduct
6. an explanation of the reporting system and of the trainee’s reporting obligations, rights and protections under PACS Standard 13
7. the name of the person in their organisation to whom the trainee can speak if they have questions or concerns.
Comprehensive anti-corruption training: The comprehensive level of anti-corruption training provided to trainees should include at minimum the following elements:
1. the Project Code of Conduct
2. the organisation’s anti-corruption procedures relevant to the trainee’s role
3. the importance of compliance with the Project Code of Conduct and anti-corruption procedures
4. a simple explanation of the different types of corruption offences and penalties
5. a more detailed explanation of the different corruption offences, laws and regulations relevant to the trainee’s role, and the penalties that apply
6. how these corruption offences might occur in the role or function in which the trainee is employed, and how to identify them
7. what actions relevant to the trainee’s role would be corrupt, and what actions would not be corrupt
8. the damage caused by corruption generally and the damage it may cause specifically to the public, the organisation, and the trainee, in relation to the activities in which the trainee is engaged
9. that the trainee must not get involved in any types of corruption
10. the risk, for the trainee personally and for the organisation, of disciplinary, civil, administrative, and criminal sanctions for involvement in corrupt activity or breach of the Project Code of Conduct
11. the steps that the trainee should take to prevent and avoid corruption
12. what the trainee should do if the trainee encounters corruption
13. an explanation of the reporting system and of the trainee’s reporting obligations, rights and protections under PACS Standard 13
14. the name of the person in the organisation to whom the trainee can speak if they have questions or concerns.
Trainer skills: The persons who write and/or provide the anti-corruption training should be suitably skilled in the subject.
Third party trainer: The above training may be provided by a third party trainer.

Guidance

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?

Yes:

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).