《多边开发银行调查指南——第一版》

Ghe uMide to DMltilateralpeveloBTent kanI-nvestigations F Eirst:dition Multilateral development banks (MDBs) are foundational to emerging markets; however,it’s no small task to ensure that development cnanying is used transparentl. andeffeytivel., espeyiall. in regions where yorruption and misyonduyt yan undermine progressEYdited b. Fas Iroemel of OP Ontegrit. Arofessionals Zssoyiation and Daniel Wapf of&hite C Gase, the RO- Ruide to Multilateral Development Bank Onvestigations providesa yomprehensive anal.sis of MDB integrit., bringing together perspeytives from legalpraytitioners, yonsultants and MDBs with the aim of fostering greater ayyountabilit. andyollaboration in the cght against misyonduyt in MDBjcnanyed proTeytsE ueneratedbEeyrMar2 8,0 858R Lhe information yontained in this report is indiyative onl.E 2aw Business -esearyh is not responsiblefor an. aytions (or layk thereof) taken as a result of rel.ing on or in an. wa. using information yontainedin this report and in no event shall be liable for an. damages resulting from relianye on or use of thisinformationE Gop.right 0665 j060x2aw Business -esearyh Navigating investigativechallenges in fragile andconmict environTents ëow NeOTan,Hliver UternandCoOard WooBerKroll UMTTar2 ?CZ YD - C:S:V -NP:UG-uYG-Nu YkHP: GC: ESYZGC: N::p EHS -Np:L:Np:NW:b ANp:SUGYNp-Nu YNp YK-uN-Nu GC: :Np uYD:X::L-Nu -NP:UG-uYGHSU YNp UHASW:U HE -NEHSDYG-HN UYE:DYX-Nu AU: HE p-P:SU: YNp UWYSW: pYGYS:LHSG-Nu YNp :[-G-NuYEG:S GC: -NP:UG-uYGHSU CYP: uHN: Lhe world is fraught with politiyal, eyonomiy and seyurit. fragilit.E Z ground war in YasternYurope, a series of youps ayross Zfriya’s qahel belt, yivil yon‘iyt in M.anmar and abreakdown of law and order in Gentral Zmeriya are Tust a few of the reyent events that signalthat the world is a metaphoriyal mineceld of yhallengesE Aolitiyal stabilit. and effeytive rule of law go hand in hand; however, both are t.piyall. absentin fragile and yon‘iyt environmentsE Gorruption and illiyit yapital ‘ows that are the yauseand yonse?uenye of state fragilit. tend to yreate the vulnerabilities that development cnanyeseeks to addressE Despite best efforts, suyh cnanying is all too often at risk of abuse whenit is subTeyt to yonstraints in terms of oversight and those intent on benecting personall.E &hen allegations emerge, the need to demonstrate a robust response is strong but notalwa.s eas. to implement in fragile and yon‘iyt environmentsE On this yhapter, we setout ke. areas that, based on our eSperienye, should be yonsidered at the outset in aninvestigation in these yiryumstanyesE Yver. situation is different, but there are some basiyKrules of engagement’ relevant to suyh environments, whiyh re?uire the investigator to adapttheir approayh to be able to work effeytivel. and safel. and to preserve the integrit. of theworkjproduytE &e have struytured this yhapter around the yore broad phases of preparation, investigatingand reportingE ?CZ YD - C:S:V -NP:UG-uYG-Nu YkHP: GC: ESYZ Lo deliver obTeytive, evidenyejbased cndings, investigators must be informedE Lhat goesbe.ond the terms of referenye as to the Kwhat’ the. are investigatingE Before an. formof onsite investigative work yommenyes, it is neyessar. for investigators to have full.yonsidered the Kwh.’ and the Kwho’, in terms of the obTeytives of the assignmentE Iurthermore,stakeholders in the cndings must also be yonsideredE Lhis ensures that investigators do notfall into the trap of the often preset path of pursuing the obviousE On fragile and yon‘iyt environments, people who appear the obvious yulprits yan often befronts for greater politiyal power pla.ers operating in the shadowsE Onvestigators need to?uestion ever.thing at the outsetE Does this make senseU &hat were the motivations for thealleged wrongdoingU Do the apparent benecyiaries’ procles ct the alleged yrimeU On almost ever. maTor investigation in whiyh –roll has been involved, where a multilateraldevelopment bank has been a stakeholder, the benecyiaries were not ayting independentl.;there was, in praytiye, a greater power pla. involving silent politiyal foryes drivingbehaviourE Lhis kind of yorruption ma. appear obvious later down the line, but it is oftenearl.jstage business intelligenye gathering that raises initial yonyerns that trigger a forensiyinvestigationE Ontelligenye gathered in the market yonyerning, for eSample, ambiguit.surrounding ultimate benecyial owners, dubious lending praytiyes, and suspiyious liyensingand permitting proyesses is often the starting point to an investigation and provides an initialview of who might be involvedE Hnderstanding this wider business intelligenye yonteSt andpiyking up on what is being said and not being said in the market gives investigators a headstartE -esearyh should be done in advanyeE Onvestigators need to simultaneousl. understand andrespond to the politiyal yonteSt in whiyh the. are working but not be in‘uenyed b. itE &hen ke. partners suyh as government o:yials a