Christopher R. Yukins Lynn David Research Professor in Government Procurement Law The George Washington University Law School Side Event: UNCITRAL Standards for Transparency, Accountability and Good Governance UNCITRAL Meeting UN Headquarters, New York July 17, 2014 Relevance of UNCITRAL Model Procurement and Implementation of UN Convention Against Corruption

2 Background

3 Topics Relevance of UNCITRAL model procurement law to implementation of Article 9 of the UN Convention Against Corruption (UNCAC) Relevance of UNCITRAL model procurement law to implementation of Article 9 of the UN Convention Against Corruption (UNCAC) Review of States’ compliance with Article 9 of UNCAC Review of States’ compliance with Article 9 of UNCAC Cooperation between UNODC and UNCITRAL regarding procurement Cooperation between UNODC and UNCITRAL regarding procurement

4 Principal-Agent Model Principal Agent 1 CO Purchase MONITORING BONDING (PUNISHING) Agent 2 Contractor What is “corruption” in procurement?

5 What Risks Does Corruption Bring? Reputation PerformanceFiduciary

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7 How Do We Address Corruption in Procurement? Suspension / Debarment Tender Boards Prosecution Audits Bid Challenges Transparency Oversight Corporate Compliance Ethics

8 What Does UN Convention Against Corruption (Art. 9) Require? Public Information Advance award criteria and publication Objective and predetermined criteria for award Bid protest and appeal Measures to control procurement personnel – e.g., rules and codes Transparency, including in budgeting and accounting

9 What Does UN Convention Against Corruption (Art. 9) Require? Public Information Advance award criteria and publication Objective and predetermined criteria for award Bid protest and appeal Measures to control procurement personnel – e.g., rules and codes Transparency, including in budgeting and accounting UNODC – UNCITRAL Cooperation

10Conclusion Christopher R. Yukins Tel