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Christopher R. YukinsLynn David Research Professor in
Government Procurement LawThe George Washington University Law
School
Side Event: UNCITRAL Standards for Transparency, Accountability and Good
GovernanceUNCITRAL Meeting
UN Headquarters, New YorkJuly 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)
Review of States’ compliance with Article 9 of UNCAC
Cooperation between UNODC and UNCITRAL regarding procurement
4Principal-Agent Model
PrincipalAgent 1
CO Purchase
MONITORING
BONDING (PUNISHING)
Agent 2Contractor
What is “corruption”
in procurement?
5What Risks Does Corruption Bring?
Reputation
Performance
Fiduciary
6
7How Do We Address Corruption in
Procurement?
Suspension / Debarment
Tender Boards
Prosecution
Audits
Bid Challenges Transparency
Oversight
Corporate Compliance
Ethics
8What 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
9What 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
