NATIONAL ANTI CORRUPTION STRATEGY OF JORDAN · 2019-08-05 · STE Short Term Expert UNCAC WB ... Mission describes the tasks of the public, private and third sector partners within

P.O. Box 5000 Amman 11953 Jordan Tel: +962 (6) 550 3150 ext 2208

Email: [email protected]

NATIONAL ANTI-CORRUPTION STRATEGY OF

JORDAN

Project Title: Support the Implementation of the Anti-Corruption Commission’s Strategy in Jordan

Twinning Contract: 2011/276-118 Dossier No: JO10/ENPAP/JH/16 Contracting Authority: Ministry of Planning and International Cooperation Beneficiary Organisation: Anti-Corruption Commission Country: Jordan

MS Twinning Partner: HAUS Finnish Institute of Public Management

This publication has been produced with the financial assistance of the European Union. The contents of this document are the sole responsibility of the Anti-Corruption Commission and can under no circumstances be regarded as reflecting the

position of the European Union.

Support the Implementation of the Anti-Corruption Commission’s Strategy in Jordan

EU funded Twinning Project

TABLE OF CONTENTS

1. INTRODUCTION ...........................................................................................................5 2. METHODOLOGY AND DEFINITIONS ..........................................................................7

2.1. Methodology .......................................................................................................7 2.2. Definitions ........................................................................................................10

3. EXISTING ANTI-CORRUPTION REGIME IN JORDAN ..............................................11 3.1. General..............................................................................................................11 3.2. The relevant anti-corruption legislation .........................................................11 3.3. Anti-Corruption Commission and other relevant anti-corruption institutions

...........................................................................................................................11 3.4. National Agenda 2006-2016 and other policies ..............................................12 3.5. The National Anti-Corruption Strategy 2008-2012 and the Action Work Plan

to the Anti-Corruption Commission for the year 2010 ...................................12 3.6. Results of the existing anti-corruption regime...............................................13

4. RISK ASSESSMENT ..................................................................................................14 4.1. General..............................................................................................................14 4.2. Communication and consultation with relevant partners and identification

of the future risks .............................................................................................15 4.2.1. The nature, scale and impacts of corruption ................................................ 15 4.2.2. Methods of corruption .................................................................................. 15 4.2.3. Effectiveness of the awareness rising, prevention and investigation

mechanisms ................................................................................................ 15 4.3. Analysis, evaluation and prioritization of the identified future risks ............17 4.4. Treatment measures of the identified risks ....................................................18

5. STRATEGIC OBJECTIVES 2013-2017 ......................................................................19 5.1. General..............................................................................................................19 5.2. Objectives of the National Anti-Corruption Strategy of Jordan 2013-2017 ..19

6. REVISION, ADOPTION, IMPLEMENTATION AND MONITORING OF THE STRATEGY .....................................................................................................................22

6.1. General..............................................................................................................22 6.2. Drafting, revision and adoption of the Strategy and Action Plan .................22 6.3. Implementation of the Strategy and Action Plan and monitoring of the

implementation process ..................................................................................23 7. ACTION PLAN ............................................................................................................25

7.1. Function of the Action Plan .............................................................................25 7.2. Structure of the Action Plan ............................................................................25 7.3. Content of the Action Plan for the Implementation of the National Anti-

corruption Strategy of Jordan 2013-2017 .......................................................25

LIST OF ANNEXES

Annex 1 Action Plan for the Implementation of the National Anti-Corruption Strategy of Jordan Annex 2 Analysis and evaluation of the information collected based on the

communication and consultation with the relevant partners during the risk assessment implementation

LIST OF FIGURES

Figure 1 Risk Analysis and Management Process



ABBREVIATIONS

ACC Anti-Corruption Commission JACC Jordanian Anti-Corruption Commission EC European Commission EU European Union GDP Gross Domestic Product IMF International Monetary Fund ISO MoJ

International Organization for Standardization Ministry of Justice

NGO Non Governmental Organisation POE Publically Owned Enterprise SOE Socially Owned Enterprise STE Short Term Expert UNCAC WB

United Nations Convention Against Corruption World Bank



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1. INTRODUCTION

His Majesty King Abdullah II Ibn Al Hussein has called for the enforcement of an efficient anti-corruption regime. The Government has developed the legal framework, formed authorities and established strategies to prevent corruption. The anti-corruption measures in Jordan are mostly in compliance with the international standards. It is clearly one of the region’s pioneer countries in the prevention of this harmful phenomenon.

Corruption leads to unequal treatment of people. It endangers the security of the state and the development of the societal infrastructure, healthcare, education system and social security. Corruption jeopardizes reliable financial system, strong enterprise sector, fair labour market and well functioning market economy. The extent of the informal economy in Jordan is 26 % of the GDP. It is increasing the risk of corruption. Therefore, the effective anti-corruption regime requires broad societal co-operation between public, private and third sector.

The aim of the National Anti-Corruption Strategy of Jordan 2013-2017 is to set up joint objectives for the public, private and third sector partners to enhance the functionality of the anti-corruption mechanisms. It strives to achieve the following vision by 2017:

“Jordan has an efficient corruption prevention mechanism which is based on trustful partnership between public, private and third sector.”

Mission describes the tasks of the public, private and third sector partners within the anti-corruption regime. The duties of the authorities are defined in the law. The tasks of the private and third sector actors are defined in their articles of association and by-laws.

Values consist of principles shared within the public, private and third sector responsible for the anti-corruption. They support efficient implementation of the vision and mission. The public, private and third sector partners should have established their own internal values that are enhancing anti-corruption.

It is essential to ensure consistency and continuity of the anti-corruption activities and recognize the strengths of the existing mechanism. Therefore, the National Anti-Corruption Strategy of Jordan 2013-2017 is in line with the legal framework, We Are All Jordan Initiative, National Agenda, Letters of Designation, Letters to Prime Ministers, Royal Initiatives, Executive Development Program 2011-2013, National Anti-Corruption Strategy 2008-2012 and Action Work Plan to the Anti-Corruption Commission for the year 2010.

The National Anti-Corruption Strategy 2008-2012 and the Action Work Plan to the Anti-Corruption Commission for the year 2010 have been evaluated. The activities of these strategic plans that are still valid have been identified based on the risk assessment and merged in the National Anti-Corruption Strategy of Jordan 2013-2017.

However, operational environment is changing and emerging threats arise. The situation in the region reflects also to Jordan. The National Anti-Corruption Strategy of Jordan 2013-2017 is therefore based also on broad-based inter-institutional cooperation. The strategic objectives and related actions are identified through cooperation with the relevant partners. The risk assessment process has been based on communication and consultation with the public, private and third sector actors.



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The objectives of the National Anti-Corruption Strategy of Jordan 2013-2017 are as follows:

1. Rising of awareness on anti-corruption; 2. Strengthening the prevention of corruption through functional integrity system,

transparency and good corporate governance; 3. Strengthening the capacity of the Anti-Corruption Commission; 4. Promote the active participation of the society in the anti-corruption activities; 5. Promote investigation, prosecution and court proceedings of corruption; 6. Develop and apply a proactive approach to international cooperation in the

anti- corruption; 7. Develop national anti-corruption legislation to comply with international

standards and requirements of the operational environment and ensure its efficient implementation; and

8. Enhance prevention of informal economy.



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2. METHODOLOGY AND DEFINITIONS

2.1. Methodology

The anti-corruption regime is facing different types of risks that may affect achievement of objectives. Therefore, the National Anti-Corruption Strategy of Jordan 2013-2017 is based on risk management process which has been implemented by utilizing ISO 310001 and 310102 standards. This mechanism aids decision making by taking account of uncertainty and possibility of future events or circumstances and their effects on objectives3. The risk management system is applied to the preparation of strategies and other decision making processes. However, the objectives of the strategy utilize existing anti-corruption regime and they are in line with the following policies and strategies:

• The National Agenda; • The Letters of Designation; • The Letters to Prime Ministers; • The Royal Initiatives; • The Executive Development Program 2011-2013; • The National Anti-Corruption Strategy 2008-2012; and • The Action Work Plan to the Anti-Corruption Commission for the year 2010.

Information for the risk assessment process has been collected by utilizing communication and consultation with the relevant partners. The aim has been to identify, analyse and evaluate risks that are related to the following areas:

• The extent, scale, nature and impacts of corruption; • The most vulnerable areas for and methods of corruption; and • The weaknesses and vulnerabilities in the anti-corruption mechanisms that have

an impact, either direct or indirect, on Jordan.

The objective sources used during the communication and consultation with the relevant partners for the collection of the information consisted of4:

• Collection and analysis of the statistics related to the corruption prevention; • Collection and analysis of the evaluation reports related to the extent, scale, nature

and impacts of corruption; • Collection and analysis of the relevant legal framework; • Evaluation of the National Anti-Corruption Strategy 2008-2012 and the Action

Work Plan to the Anti-Corruption Commission for the year 2010.

1 Risk management – Principles and guidelines, International Standard ISO 31000, 2009.

2 Risk management – Risk assessment techniques, International Standard ISO 31010, 2009.

3 Ibid.

4 EU has supported Jordan in drafting the National Anti-Corruption Strategy within the framework of

the Twinning Contract JO10/ENPAP/JH/16, 26.10.2011. The Twinning Project Team has established the following reports:

1. Analysis Report on the Extent and Impacts of the Corruption in Jordan; 2. IT Feasibility Study;

3. Legal Framework Assessment on Anti-Corruption in Jordan; 4. Training Needs Assessment, Training Programme and Strategy for Strengthening the Capacity of the Anti-

Corruption Commission in Jordan;

5. Organisational Review of the Anti-Corruption Commission and Relevant Organisations; and 6. Analysis Report on the Whistleblower and Informant Handling System of Anti-Corruption Commission.



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The communication and consultation with the relevant partners utilized the following subjective sources of information:

• Web-based questionnaires for the relevant institutions from the public, private and third sector1;

• Interviews of and meetings with the representatives of the relevant public, private and third sector institutions2;

• Workshops for the ACC3; and • Workshops4 for the representatives of the relevant public, private and third sector

institutions.

The establishment, implementation and monitoring of the National Anti-Corruption Strategy of Jordan 2013-2017 is based on the following methodology:

• Information concerning the current situation is collected using communication and consultation with the public, private and third sector partners;

• Risks are identified and classified based on the information collected through communication and consultation with the relevant partners;

• Reliability and quality of the collected information and probability of the identified risks have been evaluated using5 analytical guidelines of Europol;

• The objectives of the National Agenda Criteria are utilized as criteria for the analysis and evaluation of the harmfulness of the identified risks;

• Objectives of the strategy are based on the analysed, identified and evaluated risks;

• The action plan consists of treatment measures which are deemed necessary in order to achieve objectives;

• Implementation of the strategy and action plan are based on public, private and third sector partnership;

• Progress of the action plan’s implementation process is measured against the key performance indicators;

• The strategic objectives and activities of the action plan are reviewed periodically; • The strategy and action plan are amended if it is deemed necessary based on the

risk assessment; • The implementation of the objectives of the Strategy and the actions of the Action

Plan is integrated in the budgets and Performance Plans of the responsible ministries and institutions; and

• Progress and effectiveness of the strategy’s implementation process is reported on a regular basis.

1 Report on the results of the web based questionnaire, the Twinning Project Team, Twinning

Contract JO10/ENPAP/JH/16, 2012. 2

List of interviews, meetings and workshops organized by the Twinning Project Team, Twinning Contract JO10/ENPAP/JH/16, 2012. 3 Ibid.

4 Ibid.

5 Analytical guidelines, Europol, 2000.



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Figure 1: Risk Analysis and Management Process

Source: ISO Standard 31000 and 31010

The National Anti-Corruption Strategy of Jordan 2013-2017 consists of the following elements:

• Vision that describes the intended future state of a corruption prevention regime in Jordan;

• Mission describes the tasks of the responsible institutions within the anti-corruption regime. The duties of the public sector actors are defined in the law;

• Values consist of principles shared within the responsible institutions and they support efficient implementation of the vision and mission;

• Risk assessment consist of coordinated activities to direct and control anti-corruption measures with regard to risk;

• Objectives are based on the risk assessment and they are time bound statements of intended future results that have to be achieved in order to reach the vision;

• The Action Plan constitutes a roadmap and a list of actions that have to be implemented in order to reach the vision through the objectives. The Action Plan consists of short-, medium- and long-term risk treatment measures; and

• The Strategy defines the processes that have to be followed when drafting, revising, adapting, implementing and monitoring the National Anti-Corruption Strategy of Jordan. This is to ensure that the vision is reached and risks are managed.



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2.2. Definitions

Corruption

United Nations Convention against Corruption (UNCAC) or other international anti-corruption standards do not consist of definition for corruption. However, it is a harmful phenomenon, which occurs in both the private and public sectors. Therefore, Transparency International has defined corruption as follows:

“Corruption is the abuse of entrusted power for private gain.”

Definitions concerning “corruption” and other relevant terms used in this report are consistent with United Nations Convention against Corruption (UNCAC) and Anti-Corruption Commission Law No. 62 for the year 2006.

Corruption as a crime means offences defined in article 5 of the Anti-Corruption Commission Law.

Informal economy

The OECD has defined “Informal Economy”, “Informal Grey Economy”, “Informal Black Economy” and “Black Economy”. The definitions used in this report are consistent with those of OECD1. Informal Economy consists of Informal Grey Economy and Informal Black Economy. They are calculated by indirect macro-economic methods. Informal Grey Economy consists of legal activities that are deliberately hidden in order to avoid taxation, compliance with regulations and/or social security contributions. The income from the Informal Grey Economy should be taxed. Informal Black Economy consists of proceeds of tax evasion/frauds and smuggling of legitimate goods. Black Economy consists of drug dealing, prostitution, smuggling of illegal goods and other criminal activities which as such are illegal activities generating profit.

1 Measuring the Non-Observed Economy – A Handbook’, OECD, 2002.



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3. EXISTING ANTI-CORRUPTION REGIME IN JORDAN

3.1. General

Jordan has established a comprehensive mechanism for the anti-corruption. It consists of national legal framework, mandated institutions and policies. These instruments are recognized when establishing the National Anti-Corruption Strategy of Jordan 2013-2017 to ensure consistency and continuity of the anti-corruption activities and utilize the strengths of the existing mechanism.

3.2. The relevant anti-corruption legislation

Jordan ratified the United Nations Convention Against Corruption (UNCAC) on 24 February 2005. The main pillars of the national legal framework to address corruption are the Anti-Corruption Commission Law1, Penal Code, Criminal Code, the Anti-Money Laundering Act, the Right to Access Information Law, the Economic Crimes Act, the Ombudsman Law and the Financial Disclosure Act. The Jordanian anti-corruption legislation is mainly in compliance with the international standards. The Anti-Corruption Commission Law was amended by the Parliament on 3.4.2012.

3.3. Anti-Corruption Commission and other relevant anti-corruption institutions

The Anti-Corruption Commission was established in 2007. It became operational in 2008. The mandate and powers of the agency fulfil the requirements of the UNCAC. The Anti-Corruption Commission is responsible for awareness rising as well as prevention and investigation of corruption. All public, private and third sector institutions have a role in the anti-corruption regime. However, there are authorities whose mandates consist of more specific tasks to prevent and investigate corruption. They are as follows:

Public Security Directorate;

General Intelligence Department;

General Directorate of Gendarmerie;

Public Prosecution Office;

Courts;

Customs Department;

Income and General Sales Tax Department;

Central Bank of Jordan;

Anti Money Laundering and Counter Terrorist Financing Unit;

Securities Commission;

Ombudsman Bureau;

Audit Bureau;

Companies Control Department;

Government Tenders Department;

General Supplies Department; and

Joint Procurement Department.

1 Anti-Corruption Commission Law No. 62 for the year 2006.



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3.4. National Agenda 2006-2016 and other policies

His Majesty King Abdullah II Ibn Al Hussein introduced the concept of National Agenda in 2005 as a way to create a comprehensive strategy for social, political and economic transformation, which would put Jordan on a trajectory toward rapid, sustainable economic growth and greater social inclusion.1 The National Agenda's initiatives were developed in three key areas:

• Government & Policies • Basic Rights & Freedoms • Services, Infrastructure & Economic Sectors

The initiatives included in the National Agenda reflect a clear vision of a set of mechanisms to achieve certain objectives which among other things underline the rule of law, trust between citizens and institutions and principles of transparency, good governance, accountability, social justice and equal opportunity.

The establishment of Anti-Corruption Commission Law was one of the results of the National Agenda. It is also consisting of Control of Corruption Percentile Ranking of the World Bank as one of the key performance indicators for the measuring of the Governments efficiency.

The Executive Development Program 2011-2013 has been launched to complement the previous development programs and to serve as an action plan for the government for the next stage. This program was prepared in collaboration with all stakeholders, building on the recommendations outlined in Kulluna Al Urdun (We Are All Jordan) initiative, the National Agenda, the letter of designation, the Royal initiatives, the sectoral strategies and those proposed by Jordan’s House of Representatives on financial and economic reform programs. The Executive Development Program 2011-2013 consists of 14 objectives. They aim to, among other things, strengthen the independence and integrity of judicial authorities and develop the legislative framework. The program includes projects and activities concerning the anti-corruption regime.

3.5. The National Anti-Corruption Strategy 2008-2012 and the Action Work Plan to the Anti-Corruption Commission for the year 2010

The National Anti-Corruption Strategy 2008-2012 is established to organize the activities of the Anti-Corruption Commission. It is consisting of the following objectives:

• Strengthening the capacity of the ACC; • Prevention of corruption; • Education, training and public awareness; • Law enforcement; • Coordinating anti-corruption efforts; and • International cooperation.

The Action Work Plan to the Anti-Corruption Commission for the year 2010 is a road map for the implementation of the National Anti-Corruption Strategy 2008-2012. It consists of 64 individual actions.

1 His Majesty King Abdullah II Ibn Al Hussein, Official Website, 2012, WWW document.



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3.6. Results of the existing anti-corruption regime

Jordan has a wide range of instruments for the anti-corruption. The results have been encouraging. The establishment of the legal framework, specialized authorities, policies and strategies for the anti-corruption have had a positive impact on the awareness rising on corruption.

The National Agenda has underlined the necessity to build trust between citizens and institutions and adopt principles of transparency, good governance and accountability. This requirement has been implemented, among other things, by establishing the Jordanian Code of Conduct in the Public Sector. The public, private and third sector institutions have started to evaluate and develop their processes to enhance the prevention of corruption.

In Jordan, there are many authorities that have a responsibility to investigate corruption. This provides a forum for the criminal process with many possibilities. Corruption crimes have been revealed and investigated. Persons have been prosecuted and convicted. The criminal procedure produces also useful information which can be utilized when planning and implementing awareness and prevention measures on anti-corruption.



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4. RISK ASSESSMENT

4.1. General

The risk assessment process has been based on communication and consultation with the relevant partners. The aim has been to identify sources of risks, areas of impacts and events which are meaningful for the anti-corruption measures. The collection of information has focused on the following main areas:

• The extent, scale, nature and impacts of corruption; • The most vulnerable areas for and methods of corruption; and • The weaknesses and vulnerabilities in the anti-corruption mechanisms that have

an impact, either direct or indirect, on Jordan.

The risks have been identified based on the information collected through communication and consultation with the relevant partners. The relevance of the information depends on the reliability of the information source and quality of the information. Therefore, collected information has been evaluated using1 analytical guidelines of Europol.

The objective sources of information utilized during this process were as follows2:

• Collection and analysis of the statistics related to the corruption prevention; • Collection and analysis of the evaluation reports related to the extent, scale, nature

and impacts of corruption; • Collection and analysis of the relevant legal framework; • Evaluation of the National Anti-Corruption Strategy 2008-2012 and the Action

Work Plan to the Anti-Corruption Commission for the year 2010.

The subjective sources used for the collection of information were as follows:

• Web-based questionnaires for the relevant institutions from the public, private and third sector3;

• Interviews of and meetings with the representatives of the relevant public, private and third sector institutions4; and

• Workshops for the ACC, other relevant public institutions, private sector and third sector5.

1 Analytical guidelines, Europol, 2000.

2 EU has supported Jordan in drafting the National Anti-Corruption Strategy within the framework of

the Twinning Contract JO10/ENPAP/JH/16, 26.10.2011. The Twinning Project Team has established the following reports:

7. Analysis Report on the Extent and Impacts of the Corruption in Jordan;

8. IT Feasibility Study; 9. Legal Framework Assessment on Anti-Corruption in Jordan; 10. Training Needs Assessment, Training Programme and Strategy for Strengthening the Capacity of the Anti-

Corruption Commission in Jordan; 11. Organisational Review of the Anti-Corruption Commission and Relevant Organisations; and 12. Analysis Report on the Whistleblower and Informant Handling System of Anti-Corruption Commission.

3 Report on the results of the web based questionnaire, the Twinning Project Team, Twinning

Contract JO10/ENPAP/JH/16, 2012. 4

List of interviews, meetings and workshops organized by the Twinning Project Team, Twinning Contract JO10/ENPAP/JH/16, 2012. 5 Ibid.



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4.2. Communication and consultation with relevant partners and identification of the future risks

4.2.1. The nature, scale and impacts of corruption

The relevant partners informed during the communication and consultation that the operational environment for the anti-corruption regime has become challenging. The following risks were identified based on the collected information concerning the nature, scale and impacts of corruption:

Corruption and informal economy are jeopardizing economical growth, development of the infrastructure and equality of the people;

Anti-corruption measures are inefficient because of the “wasta” and tolerant attitude of the society; and

Jordan’s reputation may be compromised due to the declining corruption perception in the ranking lists of the relevant international organizations.

4.2.2. Methods of corruption

The representatives of the public, private and third sector were consulted. They were asked to specify the most common methods used for the corruption in Jordan. Interviewees expressed that criminals are trying to conceal or disguise the nature, source, location, disposition, movement or ownership of the proceeds of corruption crimes. Therefore, the following risks were identified:

Criminals are benefitting financially of crime due to the inefficient asset recovery and it is increasing corruption and other types of crime;

Inefficient information exchange between public and private sector weakens asset recovery and investigation of corruption as a whole; and

Inefficient international cooperation at the operational level weakens asset recovery and investigation of corruption as a whole.

4.2.3. Effectiveness of the awareness rising, prevention and investigation mechanisms

The relevant partners informed during the communication and consultation that dissemination of accurate information and preventive measures are crucial for the anti-corruption regime. The following risks concerning the functionality of the awareness rising on and prevention of corruption were identified:

There is no national level anti-corruption strategy and action plan in Jordan or if they exist, they are not implemented;

Lack of accurate information about the nature, scale and impacts of corruption combined with the reflections of the Arab Spring and lack of information concerning existing anti-corruption measures are causing societal unrest;



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Anti-corruption regime is inefficient because public, private and third sector are not able to recognize corruption and available anti-corruption measures;

Inefficient internal regulations and control mechanisms and their poor implementation in the public and private sector are weakening the anti-corruption regime;

The anti-corruption related cooperation arrangements between public, private and third sector are insufficient and do not support prevention of corruption;

The general perception concerning the Anti-Corruption Commission’s responsibility and capacity to tackle corruption only by itself is unrealistic and weakens the credibility of the agency;

The quality and quantity of human, technical and other resources of the Anti-Corruption Commission are insufficient and the agency doesn’t have the capacity to respond to the increasing demand of its services;

The sectors most vulnerable for corruption do not receive sufficient support for the establishment, implementation and controlling of their internal regulations and this is weakening prevention of corruption;

Lack of national, regular and analytical situational reporting mechanism on corruption weakens strategic and operational capacities and credibility of the law enforcement and judiciaries; and

Performance planning procedures of the authorities do not support the efficiency and quality of the anti-corruption measures.

The representatives of the public, private and third sector were consulted. They expressed that effective criminal procedure is important from the viewpoint of the due process of law. It is also enhancing awareness on and prevention of corruption. The following risks concerning the functionality of the corruption investigation mechanism were identified:

Overlapping mandates and inefficient models for cooperation, coordination and information exchange between the relevant authorities weakens strategic and operational decision making on the anti-corruption regime;

The technical and tactical operational models of the law enforcement and judiciaries do not support joint and efficient investigation of corruption crimes;

Inefficient asset recovery and investigation of corruption crimes are weakening the credibility of the law enforcement and judiciary;

The legal framework concerning anti-corruption is not implemented to its full extent and it is weakening the prevention and investigation of corruption; and

The legal framework concerning anti-corruption is not fully in line with the international standards and it is weakening the prevention and investigation of corruption.



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4.3. Analysis, evaluation and prioritization of the identified future risks

The objectives of the National Agenda are used as criteria for the analysis, evaluation and prioritization concerning the harmfulness of the identified risks. This is done to ensure that the strategic planning process on the national level is organized in a consistent manner.

The consultation and communication with the relevant partners and analysis and evaluation1 of the collected information generated the following prioritized list of identified risks:

Priority Risk Harmfulness Likelihood Priority

1. There is no national level anti-corruption strategy and action plan in

Jordan or if they exist, they are not implemented.

Very High Likely Very High

2. Lack of accurate information about the nature, scale and impacts of

corruption combined with the reflections of the Arab Spring and lack of information concerning existing anti-corruption measures are causing societal unrest;

Very High Likely Very High

3. Anti-corruption measures are inefficient because of the “wasta” and tolerant attitude of the society

High Almost certain

Very High

4. The legal framework concerning anti-corruption is not implemented to its full extent and it is weakening the prevention and investigation of corruption

High Almost

certain Very High

5. The legal framework concerning anti-corruption is not fully in line with the international standards and it is weakening the prevention and investigation of corruption

High Almost certain

Very High

6. The quality and quantity of human, technical and other resources of the Anti-Corruption Commission are insufficient and the agency

doesn’t have the capacity to respond to the increasing demand of its services

High Almost

certain Very High

7. The technical and tactical operational models of the law enforcement

and judiciaries do not support joint and efficient investigation of corruption crimes

High Almost

certain Very high

8. Inefficient asset recovery and investigation of corruption crimes are weakening the credibility of the law enforcement and judiciary

High Almost certain

Significant

9. Inefficient internal regulations and control mechanisms and their poor implementation in the public and private sector are weakening the anti-corruption regime

High Likely High

10. The sectors most vulnerable for corruption do not receive sufficient support for the establishment, implementation and controlling of their

internal regulations and this is weakening prevention of corruption

High Likely High

11. Inefficient information exchange between public and private sector

weakens asset recovery and investigation of corruption as a whole High Likely High

12. Lack of national, regular and analytical situational reporting mechanism on corruption weakens strategic and operational

capacities and credibility of the law enforcement and judiciaries

High Likely High

13. Corruption and informal economy are jeopardizing economical growth, development of the infrastructure and equality of the people;

High Possible Significant

14. Anti-corruption regime is inefficient because public, private and third sector are not able to recognize corruption and available anti-corruption measures;


15. The anti-corruption related cooperation arrangements between public, private and third sector are insufficient and do not support prevention of corruption

Moderate Likely Significant

16. Jordan’s reputation may be compromised due to the declining corruption perception in the ranking lists of the relevant international

organizations


1 Annex 2, Analysis and evaluation of the information collected based on the communication and

consultation with the relevant partners during the risk assessment implementation, the Twinning Project Team, 2012.



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Priority Risk Harmfulness Likelihood Priority

17. The general perception concerning the Anti-Corruption Commission’s responsibility and capacity to tackle corruption only by itself is unrealistic and weakens the credibility of the agency


18. Criminals are benefitting financially of crime due to the inefficient asset recovery and it is increasing corruption and other types of crime


19. Overlapping mandates and inefficient models for cooperation, coordination and information exchange between the relevant

authorities weakens strategic and operational decision making on the anti-corruption regime


20. Performance planning procedures of the authorities do not support

the efficiency and quality of the anti-corruption measures Moderate Likely Significant

21. Inefficient international cooperation at the operational level weakens

asset recovery and investigation of corruption as a whole Moderate Possible Moderate

4.4. Treatment measures of the identified risks

The strategic objectives constitute treatment measures for the identified risks. They are tools for changing the probability of occurrence and the effects of the risk. On the other hand, action plan is a roadmap and a list of actions that have to be implemented in order to reach the vision through the objectives.



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5. STRATEGIC OBJECTIVES 2013-2017

5.1. General

The objectives of the National Anti-Corruption Strategy of Jordan 2013-2017 are in line with the We Are All Jordan Initiative, National Agenda, Letters of Designation, Letters to Prime Ministers, Royal Initiatives, Executive Development Program 2011-2013, National Anti-Corruption Strategy 2008-2012 and Action Work Plan to the Anti-Corruption Commission for the year 2010. The national level strategic planning process must be consistent and strengths of the existing anti-corruption regime have to be acknowledged.

The emerging risks have been identified utilizing ISO 31000 and 31010 standards for the risk assessment. The objectives have been defined based on this process. They constitute treatment measures for the identified risks. The prioritization of the objectives depends on the number of risks against which each of them is deemed necessary.

5.2. Objectives of the National Anti-Corruption Strategy of Jordan 2013-2017

The National Anti-Corruption Strategy of Jordan 2013-2017 consists of the following objectives that will be implemented through the Action Plan: 1. Raising awareness on anti-corruption

The responsibility of the awareness rising on corruption and anti-corruption rests with the government and relevant authorities. The effects of the global recession are reflecting to Jordan. In addition, corruption has negative impacts on the national economy and infrastructure. The “Arab Spring” has its roots in the lack of integrity. This phenomenon is aggravating public opinion in Jordan and endangering public safety. It is therefore obvious, that the current situation is emphasizing the need for comprehensive and correct information about the nature, extent and impacts of corruption and available anti-corruption measures. This is a necessity from the country’s internal perspective. Jordan’s international reputation is also requiring adequate information. The public, private and third sector representatives underline that awareness is one of the most important tools in the anti-corruption regime. The communication of the establishment and implementation of the National Anti-Corruption Strategy of Jordan 2013-2017 is an essential part of the awareness rising.

The awareness rising on corruption among public, private and third sector is enhanced based on continuous needs assessment.

2. Strengthening the prevention of corruption through functional integrity system, transparency and good corporate governance

Government is primarily responsible for the prevention of corruption. It is also a duty to other authorities at national, regional and local level. The whole public sector must have functional corporate governance, transparent processes and efficient internal control mechanisms. The most vulnerable sectors for corruption must be supported. Their internal processes must be enhanced to comply with the principle of integrity.

The quality of the national corruption prevention mechanism is dependent on the efficiency of the cooperation between the public, private and third sectors. They all have to



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have the knowledge about their legal obligations, skills to identify corruption and ability to prevent this phenomenon. The private and third sector actors should have simple models for reporting corruption to the authorities. They are also responsible for the legality of their own operations and commitment to anti-corruption measures.

Jordan applies corruption prevention methods which are based on principles of integrity, transparency and good corporate governance.

3. Strengthening the capacity of the Anti-Corruption Commission

The Anti-Corruption Commission is national authority responsible for awareness rising on as well as prevention and investigation of corruption. The task of the agency is challenging due to the broad definition of corruption, wide mandate, increasing demand of its services and complex operational environment.

The national interest of Jordan requires that the Anti-Corruption Commission has a clear role, appropriate capacity, efficient and transparent working processes and functional cooperation and coordination mechanisms with public, private and third sector institutions.

The capacity of the Anti-Corruption Commission is enhanced to comply with the agency’s mandate, responsibilities and increasing demand of its services.

4. Promote the active participation of the society in the anti-corruption activities

Corruption jeopardizes citizens' fundamental rights, business activities and infrastructure of the society. Establishment of a functional anti-corruption regime requires that the public sector promotes cooperation with and participation of the individuals, civil society, non-governmental organizations, community-based organizations and relevant private entities. Their involvement in the decision-making processes is essential when developing strategies, policies, standards and procedures designed to safeguard the integrity of the society as a whole. Public sector should ensure that the private and third sector representatives have knowledge about their legal obligations, skills to identify and capacity to prevent corruption, possibility to report corruption to the authorities and access to the relevant information concerning anti-corruption.

Jordan promotes the active participation of the society in the anti-corruption activities.

5. Promote investigation, prosecution and court proceedings of corruption

In Jordan, there are many authorities responsible for the investigation of corruption. Their competencies overlap and the legal framework constituting their mandates and roles in anti-corruption are not clear to the general public. Thus it is important for the due process of law and quality of the criminal process as a whole that the cooperation, exchange of information and coordination of activities is organized systematically between law enforcement, judiciary and other relevant authorities. It is also important to ensure that the personnel of these public institutions have potentiality and skills needed for the maintenance of an efficient anti-corruption regime.

Jordan will ensure an efficient criminal procedure in regard to the corruption crimes.

6. Develop and apply a proactive approach to international cooperation in the anti- corruption



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The anti-corruption requires efficient international cooperation. It is therefore important for Jordan that it fulfils international standards for the anti-corruption and participates intensively in the work of the relevant strategic level international organizations. Jordan is one of the forerunner countries in this area. It should be active when developing anti-corruption network in the region.

The corruption investigation, asset recovery and existing situation are requiring efficient international cooperation at operational level. The national authorities responsible for the investigation of corruption crimes need clear and swift mechanisms for mutual legal assistance and international exchange of information.

Jordan will develop methodically its functions related to the international cooperation on anti-corruption. The national mechanisms concerning mutual legal assistance and international exchange of operational information will be developed.

7. Develop national anti-corruption legislation to comply with international standards and requirements of the operational environment and ensure its efficient implementation

The anti-corruption legal framework within Jordan is to the most part in line with international standards. However, the legislation has to be amended and revised to ensure due process of law and compliance with the requirements based on the operational environment and international standards. The credibility of the anti-corruption regime requires that existing legal framework is implemented in an efficient manner. Therefore, the representative of the public, private and third sector must have the skills to apply legislation and reliable and comprehensive access to the law-drafting material and appropriate legal praxis concerning criminal procedures on corruption crimes.

Jordan will evaluate the legal framework on anti-corruption on a regular basis and ensure its further development and efficient implementation.

8. Enhance prevention of informal economy

In Jordan, the extent of the informal economy is on a high level. Benefits for the whole of society requires that the public sector has an ability to defend the fiscal interests of the state, secure employees’ legal rights and ensure fair competition in business life. The efficiency of prevention mechanism on informal economy is dependent on the cooperation between the public, private and third sectors. Therefore the society as a whole should be made aware as to the extent and impacts of this phenomenon, legal obligations of the individuals and entities and available prevention mechanisms. The most vulnerable sectors for informal economy are also affected by the corruption. Therefore, a functional anti-corruption regime reduces harmful impacts of the informal economy.

Jordan will enhance awareness on and prevention of informal economy. The necessity for a separate strategy on prevention of informal economy will be assessed.



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6. REVISION, ADOPTION, IMPLEMENTATION AND MONITORING OF THE STRATEGY

6.1. General

The Government of Jordan has established a Higher Committee for the Implementation of the National Anti-Corruption Strategy. It consists of representatives from the relevant public, private and third sector institutions. The Higher Committee is an inter-institutional high-level body. It has been tasked to increase the overall coordination between relevant institutions regarding anti-corruption. The Higher Committee is assisted by a secretariat. It has to report on its work to the Government of Jordan. The Higher Committee has the following tasks:

1. Drafting and revision of the Governmental Strategy and Action Plan on Corruption Prevention;

2. Controlling the enforcement of the Governmental Strategy and Action Plan on Corruption Prevention and other possible related measures; and

3. Preparing situation assessments for the government on the implementation of the National Anti-Corruption Strategy and Action Plan and on the anti-corruption regime as a whole.

The revision, adoption, implementation and monitoring of the National Anti-Corruption Strategy of Jordan is a continuous function. These processes will be transparent and they will be based on regular reporting by the institutions who are the members of the Higher Committee. The results will be evaluated based on the objectives, timetables and key performance indicators identified in the Action Plan. The ultimate responsibility for the anti-corruption regime rests with the Government of Jordan to whom the Higher Committee reports on a regular basis.

6.2. Drafting, revision and adoption of the Strategy and Action Plan

The responsibilities related to the drafting, revision and adoption of the National Anti-Corruption Strategy of Jordan are as follows:

1. The relevant public institutions identified by the Government of Jordan have to assess their strategic and operational environment in relation to the prevention of corruption and informal economy. They also have to take into account the needs of the public, private and third sector counterparts that are under their supervision or operating within their sphere of authority and are relevant in this context. The member organizations of the Higher Committee for the Implementation of the National Anti-Corruption Strategy have to report about their findings related to the drafting and revision of the Strategy and Action Plan to the Higher Committee at least 4 times within a calendar year and immediately when strategic or operational needs require. The Higher Committee will decide the exact reporting date and format;

2. The Higher Committee is responsible for the drafting and revision of the Strategy and Action Plan based on the strategic and operational level assessments related to the interests of Jordan, international cooperation, operational environment, legal framework and needs of the relevant public, private and third sector institutions. The



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Higher Committee has to report about its findings related to the drafting and revision of the strategy and action plan to the Government of Jordan at least 4 times within a calendar year and immediately when strategic or operational needs require. The Higher Committee is assisted by a secretariat and it can engage in its work outside experts, when it is deemed necessary;

3. The Higher Committee will introduce drafts of and amendments to the Strategy and Action Plan to the Government of Jordan; and

4. The Government of Jordan will decide about adoption of the Strategy and Action Plan and implementation of other anti-corruption initiatives based on the proposal of the Higher Committee.

6.3. Implementation of the Strategy and Action Plan and monitoring of the implementation process

The responsibilities related to the implementation and monitoring of the implementation process for the National Anti-Corruption Strategy of Jordan 2013-2017 is as follows:

1. The Government of Jordan, ministries and relevant public institutions have to ensure that the responsibility to implement the National Anti-Corruption Strategy and Action Plan of Jordan is an integral part of the official duties of the responsible organizations. Therefore, the implementation of the objectives of the Strategy and the actions of the Action Plan have to be integrated in the budgets and Performance Plans of the responsible ministries and institutions;

2. The responsible ministries and public institutions identified in the Action Plan are responsible for the implementation of the actions as an integral part of their official duties. The ministries and public institutions responsible for the implementation of the individual actions of the Action Plan have to report 4 times within a calendar year about the results of the implementation process to the Higher Committee which will decide the exact reporting date and format;

3. The supervisory authorities are responsible for the implementation of the actions of the Action Plan that have to be implemented by those natural and legal persons that are under their supervision. The supervision of the implementation process will be an integral part of the official duties of the supervisory authorities and they have to report 4 times within a calendar year about the results of the private sector implementation process to the Higher Committee which will decide the exact reporting date and format;

4. The Higher Committee has to report 4 times within a calendar year about the results of the implementation process of the strategy and action plan to the Government of Jordan which will decide the exact reporting date. The Higher Committee is assisted by a secretariat and it can engage in its work outside experts, when it is deemed necessary;

5. The Higher Committee will submit a progress report on the implementation of the Strategy and Action Plan and about other anti-corruption initiatives to the Government of Jordan; and



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6. The Government of Jordan has an overall responsibility for the implementation and monitoring of the implementation process of the National Anti-Corruption Strategy of Jordan 2013-2017 and Action Plan. The main responsibility of the Government of Jordan is to assess, based on the progress reports of the Higher Committee, whether the implementation of the Strategy and Action Plan are taken into account in the Performance Plans and Annual Budgets of the responsible ministries and institutions. It also has to evaluate achieved results and define whether the responsible ministries and public institutions need to be supported to guarantee efficient implementation of the National Anti-Corruption Strategy and Action Plan of Jordan.



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7. ACTION PLAN

7.1. Function of the Action Plan

The Action Plan is a list of actions that have to be executed in order to implement the National Anti-Corruption Strategy of Jordan 2013-2017. The function of an individual action is to ensure the implementation of a strategic objective.

7.2. Structure of the Action Plan

The Action Plan consists of the following components:

“Strategic objective” defines the number and name of the objective of the Strategy on the Prevention of Corruption 2013-2017 to which the listed action is related;

“Action” defines the number and name of an individual action;

“Main authorities in charge” defines the public institutions that are responsible for the implementation of the action in question. The first mentioned authority carries the main responsibility and it is also obligated to report about the results of the implementation process;

“Specifications and schedule of the action” describes the details of the action and milestones related to the implementation process;

“Impact on budgets” defines whether the implementation process of the action in question requires a separate budget;

“Impact on legislation” defines whether the implementation process of the action in question requires amendments to the existing legal framework or establishment of a new legislation;

“Deadline/Short/Mid/Long” defines the ultimate deadline for the implementation process of the action in question and classification of the action based on the time period of the implementation process. Short Term actions are implemented within 0-12 months, Medium Term actions within 1-3 years and Long Term actions within 4-5 years; and

“Performance indicators” defines the indicators that are used for measuring the success of the implementation process of the action in question.

7.3. Content of the Action Plan for the Implementation of the National Anti-corruption Strategy of Jordan 2013-2017

The Action Plan for the Implementation of the National Anti-corruption Strategy of Jordan 2013-2017 consists of altogether 45 individual actions. The detailed Action Plan is attached to this strategy.

Documents

NATIONAL ANTI CORRUPTION STRATEGY OF JORDAN · 2019-08-05 · STE Short Term Expert UNCAC WB ... Mission describes the tasks of the public, private and third sector partners within