SIXTH SIX-MONTH REPORT (January 1, 2014 - June …...SIXTH SIX-MONTH REPORT (January 1, 2014 - June 30, 2014) September 7, 2014 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION

SIXTH SIX-MONTH REPORT(January 1, 2014 - June 30, 2014)

September 7, 2014

INDEPENDENT JOINT ANTI-CORRUPTION

MONITORING AND EVALUATION COMMITTEE

مکیته م�ستقل مشرتک نظارت و ارزاییب مبارزه علیه ف�اد اداری

ارزوین او څارین د وړاندی پر ف�اد اداری د خپلواکه او ګډه مکیټه

As this report goes to press, the Afghan people still await a definitive verdict on the results of the presidential run-off election and the subsequent recount. But although the precise composition of the new government remains uncertain, the eventual inauguration of the next president will constitute a landmark development in the evolution of Afghanistan’s nascent democracy. During the hotly contested campaign, both major candidates affirmed their commitment to combat corruption. Now, the peaceful transfer of power from the outgoing government to its successor will provide an opportunity for the new president to follow through on his campaign rhetoric and address the persistent problem of corruption in a robust and sustainable manner.

This Six-Month Report, the sixth produced by MEC since its inception, presents the Afghan government, the international community, and the citizens of Afghanistan with both a summary of MEC’s recent activities and a detailed set of recommendations designed to ameliorate the adverse effects of corruption. In this report, MEC introduces the Anti-Corruption Monitoring and Evaluation Framework and Tool, which provides a comprehensive inventory of specific actions that the Afghan government and international community can take to fight corruption. It is based primarily on MEC’s previous recommendations, as well as suggestions provided by key Afghan and international stakeholders. Henceforth, MEC will employ this instrument to measure and report on anti-corruption efforts in Afghanistan.

Following the publication of this Six-Month Report, MEC will be releasing its Kabul Bank Follow-Up Report. This report describes the current status of recoveries, criminal proceedings, regulatory reforms, and efforts to sell the New Kabul Bank—none of which have progressed significantly. MEC urges the new government to demonstrate its commitment to instituting an effective anti-corruption regime by resolving the myriad outstanding issues relating to the failure of the Kabul Bank.

Over the next six months, MEC is planning to address a diverse array of issues, such as land usurpation, the effectiveness of international aid, and corruption in the judiciary, while continuing to provide updates on problems spotlighted in earlier reports. Though consultations with our partners in the Afghan government and international community, MEC aspires to build on the work it has already produced and monitor the progress, if any, that the government and the international community have made on previously-issued recommendations.

The fight against corruption is the work of generations. But while it is unrealistic to expect immediate solutions to long-standing problems, MEC’s reports provide clear, concrete, and realistic steps that the new Afghan government can take to improve the lives of its people by reducing the deleterious effects of corruption. It is our sincere hope that they do so.

Respectfully,

Mohammad Yasin OsmaniMEC Chairman

INDEPENDENT JOINT ANTI-CORRUPTIONMONITORING AND EVALUATION COMMITTEE

ABBREVIATION OR ACRONYM

DEFINITION

AAN Afghanistan Analysts Network

ACBAR Agency Coordinating Body for Afghan Relief

ACCI Afghanistan Chamber of Commerce and Industries

ACD Afghanistan Customs Department

ACSFo Afghanistan Civil Society Forum

ACU Anti-Corruption Unit

ADB Asian Development Bank

AEITI Afghanistan Extractive Industries Transparency Initiative

AFCAC Afghan CSOs Coalition Against Corruption

AGO Attorney General’s Office

AIBA Afghanistan Independent Bar Association

AIMS Afghanistan Information Management Services

AISA Afghanistan Investment Support Agency

ALP Afghan Local Police

AML Anti-Money Laundering

ANA Afghan National Army

ANCB Afghan NGO Coordination Bureau

ANDS Afghanistan National Development Strategy

ANP Afghan National Police

ANSA Afghanistan National Standards Authority

ANSF Afghan National Security Forces

ARAZI Afghanistan Land Authority

ARDS Afghanistan Reconstruction and Development Services

ARTF Afghanistan Reconstruction Trust Fund

ASYCUDA Automated System for Customs Data

ATRA Afghanistan Telecommunication Regulatory Authority

AUAF American University of Afghanistan

AUSAID Australian Agency for International Development

AWN Afghanistan Women’s Network

BP Bearing Point

CBR Central Business Registry (MOCI)

CERP Commander’s Emergency Response Program (U.S. Army)

CIM Center for International Migration and Development

CJIATF Combined Joint Inter-Agency Task Force

CMS Case Management System

CoST Construction Sector Transparency Initiative

CSO Civil Society Organization

CTAP Civilian Technical Assistance Programme

CTF Counter-Terrorism Financing

DAB Da Afghanistan Bank

DABS Da Afghanistan Breshna Sherkat

DAD Development Assistance Database

TABLE OF ABBREVIATIONS AND ACRONYMS


DEFINITION

DAIL Directorate of Agriculture, Irrigation and Livestock

DANIDA Danish International Development Agency

DBI Doing Business Index

DFID Department for International Development (UK)

DORR Directorate of Refugees and Repatriations

EITI Extractive Industries Transparency Initiative

EU European Union

EUPOL European Union Police Mission

FDRC Financial Disputes Resolution Commission

FINTRACA Financial Transactions and Reports Analysis Centre of Afghanistan

FIU Financial Intelligence Unit

FSD Financial Supervision Department (FINTRACA)

GDPT General Directorate of Pension Treasury

GIRoA Government of the Islamic Republic of Afghanistan

GIS Geographic Information System

GIZ Deutsche Gesellschaft für Internationale Zusammenarbeit

Harakat Afghanistan Investment Climate Facility Organization

HOO High Office of Oversight

IARCSC Independent Administrative Reform and Civil Service Commission

IB Islamic Bank

IC International Community

ICPC Interim Criminal Procedure Code

ICT Information and Communication Technologies

ICTAWG International Community Transparency and Accountability Working Group

IDLG Independent Directorate of Local Governance

IDLO International Development Law Organization

IDP Internally Displaced Person

IEC Independent Election Commission

IFC International Finance Corporation

IMF International Monetary Fund

INL Bureau of International Narcotics and Law Enforcement Affairs (USG)

INTERPOL International Criminal Police Organization

IRD International Relief and Development

ISAF International Security Assistance Force (NATO)

IWA Integrity Watch Afghanistan

JCMB Joint Coordination and Monitoring Board

JICA Japan International Cooperation Agency

KBR Kabul Bank Receivership

KfW Kreditanstalt für Wiederaufbau (German Development Bank)

KM Kabul Municipality

LCTR Large Cash Transaction Report

LOTFA Law and Order Trust Fund for Afghanistan

MAIL Ministry of Agriculture, Irrigation and Livestock

MCTF Major Crimes Task Force

MEC Independent Joint Anti-Corruption Monitoring and Evaluation Committee


DEFINITION

MIS Management Information System

MOCI Ministry of Commerce and Industries

MOCIT Ministry of Communication and Information Technology

MOD Ministry of Defense

MOE Ministry of Education

MOEC Ministry of Economy

MOF Ministry of Finance

MOFA Ministry of Foreign Affairs

MOHE Ministry of Higher Education

MOHRA Ministry of Hajj and Religious Affairs

MOI Ministry of Interior

MOIC Ministry of Information and Culture

MOJ Ministry of Justice

MOLSAMD Ministry of Labour, Social Affairs, Martyrs and Disabled

MOMP Ministry of Mines and Petroleum

MOPH Ministry of Public Health

MOPW Ministry of Public Works

MORR Ministry of Refugees and Repatriations

MOTCA Ministry of Transportation and Civil Aviation

MOU Memorandum of Understanding

MP Member of Parliament

MRRD Ministry of Rural Rehabilitation and Development

MSI Management Systems International

MTA Military Technical Agreement

MTF Mobile Task Force

NACS National Anti-Corruption Strategy (Azimi Strategy)

NATO North Atlantic Treaty Organization

NDS National Directorate of Security

NGO Non-Governmental Organization

NMH National Military Hospital

NPP National Priority Program

NPP2 National Transparency and Accountability Program

OAA Office of Administrative Affairs and Council of Ministers Secretariat

OECD Organisation for Economic Co-operation and Development

PAGO Provincial Attorney General’s Office

PD 45 Presidential Decree 45

PETS Public Expenditure Tracking Survey

PPU Procurement Policy Unit (MOF)

PRT Provincial Reconstruction Team

SAO Supreme Audit Office

SIGAR Special Inspector General for Afghanistan Reconstruction

STR Suspicious Transaction Report

STRE Specialist Team Royal Engineers (UK)

TDF Telecom Development Fund (MOCIT)

TMAF Tokyo Mutual Accountability Framework


DEFINITION

TOR Terms of Reference

UAE United Arab Emirates

UN United Nations

UNAMA United Nations Assistance Mission in Afghanistan

UNCAC United Nations Convention against Corruption

UNDP United Nations Development Programme

UNHCR United Nations High Commissioner for Refugees

UNODC United Nations Office on Drugs and Crime

UNOPS United Nations Office for Project Services

UNTOC United Nations Convention against Transnational Organized Crime

USAID United States Agency for International Development

USD United States Dollar

USG United States Government

VCA Vulnerability to Corruption Assessment

WB World Bank

SECTION 1 MEC MISSIONS 01 MEC Missions 03 Mission 11: January 18 - 31, 2014

04 Mission 12: June 15 - 27, 2014

05 Future Missions

06 Seventh Set of Recommendations and Benchmarks

SECTION 2 MONITORING AND EVALUATION 17 Monitoring and Evaluation

19 Anti-Corruption Monitoring and Evaluation

Framework and Tool

21 Highlights from Recommendations and

Benchmarks

28 Kabul Bank Public Inquiry Follow-Up Report

SECTION 3 PROVINCIAL VISITS 33 Provincial Visits 35 Committee Visit to Kapisa (January 2014)

36 Land Team Visits to Herat, Nangarhar, and Balkh

(April 2014)

37 VCA Team Visits to Nangarhar and Herat

(May 2014)

SECTION 4 VULNERABILITY TO CORRUPTION ASSESSMENTS 39 VCAs 41 VCA Project Overview

42 MOPH: Importation of Pharmaceuticals

43 Future VCAs

44 VCA Update: MORR, Land Distribution

45 VCA Updates: MOHE, Internal Examinations and

Certificate Issuance

46 VCA Update: IARCSC, Recruitment Process

47 VCA Update: MOLSAMD, Pension Process

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION 5 LAND USURPATION PUBLIC INQUIRY 48 Land Usurpation Public Inquiry

50 Summary of the Land Usurpation Public Inquiry

Report

SECTION 6 COMMUNICATIONS AND OUTREACH 53 Communications and Outreach 55 Communications

57 Media Events

58 Social Media

SECTION 7 ADMINISTRATION 59 Administration

61 Human Resources

62 Financial Report

SECTION 8 APPENDICES 63 Appendices

65 Appendix A: About MEC

66 Appendix B: Anti-Corruption Monitoring and

Evaluation Framework

73 Appendix C: Anti-Corruption Monitoring and

Evaluation Tool

1 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE1

MEC MISSIONS1

22SIX-MONTH REPORT | SEPTEMBER 7, 2014

MEC MISSIONS CONTENTS

Mission 11: January 18 - 31, 2014 03

Mission 12: June 15 - 27, 2014 04

Future Missions 05

Seventh Set of Recommendations and 06

Benchmarks

Photo on previous page

MEC members discuss issues during the 11th MEC Mission (January 2014).


Mission 11: January 18 - 31, 2014MEC conducted its 11th mission from January 18 - 31, 2014. During the mission, the Committee approved the Seventh Set of Recommendations and Benchmarks after extensive consultations and discussion. The topics covered included hiring and training of prosecutors at the AGO, ATRA oversight, Afghanistan Red Crescent Society Oversight, procedures for audits of governmental entities, and customs reforms. These recommendations and benchmarks are described in detail beginning on page 6 of this report. Other issues the Committee discussed include the Public Inquiry Law, SAO MOU, Ombudsman Legislation, and the IARCSC VCA.

In Kabul, the Committee met with a number of the Presidential candidates to discuss their commitments to and views on anti-corruption. The Committee also visited Kapisa Province to meet with various government and civil society representatives.

On January 27, 2014, MEC held a Press Conference on the release of its latest VCA Reports, which was attended by representatives from about 30 international and national media outlets.

MEC MISSIONS

Media representatives at the MEC Press Conference, January 27, 2014 in Kabul.

4SIX-MONTH REPORT | SEPTEMBER 7, 2014 4

Mission 12: June 15 - 27, 2014MEC’s 12th mission began on June 15, 2014. During this mission, the Committee discussed the Kabul Bank Follow-Up Report, M&E Framework and Tool, Land Usurpation Public Inquiry Report, and revised organizational chart of the Secretariat. The Committee also met with members of the international community and GIRoA and internally discussed the following topics:

• Aid Effectiveness Review.

• MOI Co-operative Review.

• UNHCR Review of Illegal Activity.

• Allegations Concerning the Writing Off of Debts by DABS.

• Illegal Interference with Public Functions.

• VCAs.

• Presidential Platform Analysis.

• Whistleblower Law.

MEC MISSIONS


MEC MISSIONS

Future MissionsMEC’s 13th mission took place in early September and the 14th mission is tentatively scheduled for November 2014. During the 13th mission, in addition to the normal schedule of meetings, the Committee discussed:

• Aid Effectiveness Review.

• Drafting of Illegal Interference Legislation.

• Review of the Regulations and Operations of Property Dealers.

• Review of the MOI Food Program.

• Review of Pension Deductions within the MOI.

• Review of the Effect of Absenteeism in the Civil Service.

• Review of Security Sector Funding Accountability Mechanisms.

• Development of the Whistleblower Law.

• Review of Exemptions to the Customs Import Tax.

• Assessment of GIROA’s Compliance with UNCAC.

• Community Monitoring.


Seventh Set of Recommendations and BenchmarksDuring the 11th MEC Mission in January, the Committee approved MEC’s Seventh Set of Recommendations and Benchmarks. Each recommendation was developed after extensive research, consultations, and discussions with relevant stakeholders and was issued with a corresponding news release and background paper. A brief description of the recommendations follows, and comprehensive descriptions are provided on pages 7 - 16.

7.1 - 7.4 Hiring and Training of Prosecutors at the Attorney General’s Office

Relevant Institution: AGO

7.5 - 7.9 Oversight and Accountability at the Afghanistan Telecommunications Regulatory Authority

Relevant Institutions: MOCIT, MOF, and SAO

7.10 - 7.12 Oversight and Accountability at the Afghanistan Red Crescent Society

Relevant Institutions: Afghanistan Red Crescent Society and SAO

7.13 - 7.14 Procedures and Practices for Auditing Government Entities

Relevant Institutions: SAO and MOJ

7.15 - 7.17 Customs Reforms

Relevant Institutions: MOF and MOCI

MEC MISSIONS


MEC MISSIONS

New MEC Recommendations on the Hiring and Training of Prosecutors at the AGOThe Attorney General’s Office should immediately take steps to bring its hiring of prosecutors into conformity with Afghan law Prosecutors employed within the Attorney General’s Office are included in the definition of “civil servants” contained in the Civil Service Law, which sets out procedures for the hiring of all civil servants. However, the Attorney General’s Office has never conformed to these legal requirements and the procedures established by the Civil Service Commission to implement the law. This leads to prosecutors who are not transparently hired on the basis of merit and competition, thereby reducing the capacity of the Attorney General’s Office.

Recommendation 7.1: The Attorney General’s Office, with support from the Civil Service Commission, should bring the hiring and appointment of prosecutors within the Attorney General’s Office into conformity with the requirements of the Civil Service Law and Civil Service Commission procedures.

Benchmark 7.1: The hiring and appointment of prosecutors is brought into conformity within 6-months.

Expected Outcome: Merit based and competitive appointments that conform to Afghan legal requirements leading to enhanced capacity within the Attorney General’s Office.

Prosecutors at the Attorney General’s Office require additional training to ensure that they receive a minimum education in all aspects of Afghan law The amended Law on the Structure of the Attorney General’s Office requires new prosecutors to be hired with the minimum qualification of a bachelor’s degree in law or Islamic jurisprudence. The law does not apply to those prosecutors currently employed in the Attorney General’s Office, and would mean that new prosecutors can be hired without knowledge of other aspects of applicable law in Afghanistan. Additionally, there is no requirement for prosecutors to keep their legal knowledge current with developments in the law.

Recommendation 7.2: The Attorney General’s Office should identify all prosecutors that have not received legal education covering codified law and Islamic jurisprudence and develop and implement a plan to ensure that all current and future prosecutors receive comprehensive and mandatory education in these areas with additional requirements for continuing legal education for all prosecutors.

Benchmark 7.2: Identification of prosecutors completed and comprehensive and mandatory legal education introduced within 6-months and continuing legal education introduced within 1-year.

Expected Outcome: Prosecutors have comprehensive knowledge of all aspects of Afghanistan law, thereby improving their capacity to prosecute cases.


MEC MISSIONS

Prosecutors’ salaries need to be raised and made consistent to reduce the incentive for corruption Currently, the salaries at the Attorney General’s Office are relatively low for professional employment. Additionally, there are inconsistencies with the salary levels of prosecutors who are at the same level. Low salaries create incentives for corruption and unclear guidelines for consistent pay can fuel nepotism.

Recommendation 7.3: The Attorney General’s Office should institute measures to ensure that prosecutors’ salaries are appropriate for their profession and to ensure consistent pay for prosecutors, with support from the Independent Administrative Reform and Civil Service Commission.

Benchmark 7.3: Measures implemented within 1-month.

Expected Outcome: Lowered incentives for corruption.

Most prosecutors employed at the Attorney General’s Office do not have detailed terms of reference setting out the duties related to their employment Employment contracts for prosecutors do not meet professional standards and often only include the name and profession of the employee and employer without detailed terms of reference, duties, or code of conduct. This leads to ambiguity regarding expectations of prosecutors and creates challenges for managing performance.

Recommendation 7.4: The Attorney General’s Office should ensure that all prosecutors have clear and comprehensive terms of reference.

Benchmark 7.4: Terms of reference are in place within 3-months.

Expected Outcome: Clear expectations regarding the duties of prosecutors and enhanced ability to manage performance.


MEC MISSIONS

New MEC Recommendations on Oversight and Accountability at ATRA

The revenues and expenses of communication companies declared to tax authorities should be cross-referenced with those that are stated in their respective audit reportsCommunication companies are obligated to have their revenues and expenses independently audited annually and are also required to declare their revenues and expenses in tax documents submitted to the Ministry of Finance. However, there is reportedly a difference between the revenues and expenses declared by companies, leading to concerns that bribes are being paid for lower tax bills. A comparative assessment is required to identify any malfeasance that may be occurring.

Recommendation 7.5: The Ministry of Communications and Information Technology should provide the Ministry of Finance – and MEC - with the financial audit reports conducted on communications companies between 2008 - 2012. The Ministry of Finance should comparatively evaluate the financial audit reports with the respective tax documents filed by the companies to identify any discrepancies. The Ministry of Finance should share corresponding tax documents from this period with MEC to allow it to make an independent assessment.

Benchmark 7.5: Audit reports shared with the Ministry of Finance and MEC within 2-months and Ministry of Finance evaluation completed within 3-months. The Ministry of Finance shares tax documents with MEC within 2-months.

Expected Outcome: Identification of potential discrepancies between reported incomes and the identification of potential corrupt practices.

The non-competitive appointment of ATRA’s Board raises questions about its independenceATRA’s Board consists of 5 members who are recommended by the Minister of Telecommunications and Information Technology and approved by the President. However, the current process for identifying and recommending members is not competitive or based on merit, which undermines the independence of ATRA.

Recommendation 7.6: The Ministry of Communications and Information Technology – with the cooperation of the Independent Administrative Reform and Civil Service Commission – should develop procedures for vetting, short-listing, and recommending members of ATRA’s Board for appointment by the President based on the principles of competence, merit, equal opportunity and the needs of consumers.

Benchmark 7.6: Procedures developed within 4-months.

Expected Outcome: A competitive vetting process will enhance independence of the ATRA Board and make it less susceptible to improper influence.


MEC MISSIONS

Regulatory gaps in the governance of ATRA and the Telecommunication Development Fund increases the vulnerability to corruptionThe Law for Regulating Telecommunication Services generally determines the duties and authorities of ATRA. This law is not clear about the frequency, duration, quorum, basis for decision making and independence of ATRA. Although these issues have been regulated by a Code of Conduct, the Code does not have the status of law or regulation. The law also fails to address the governance of the Ministers’ Committee of ATRA, which is responsible for overseeing licensing and the approval of ATRA’s structure and budget. Finally, the Law does not adequately set out how the Telecoms Development Fund, which consists of cash donations from communions operators, is to be used.

Recommendation 7.7: The Ministry of Communications and Information Technology – with support from ATRA – should propose a regulation that:

• ConvertstheCodeofConductforATRA’sBoardintoaregulation;

• Clearly governs the meeting frequency, duration, quorum,decision making, and other related issues of ATRA’s Board and Ministers Committee;and

• GovernstheuseoftheTelecommunicationsDevelopmentFundin a transparent and accountable manner.

Benchmark 7.7: Regulation developed and submitted to the Council of Ministers within 6-months.

Expected Outcome: Strengthened governance, accountability and transparency for ATRA and the Telecommunications Development Fund.

ATRA’s employee appointment process is in need of a precise vulnerability to corruption assessmentATRA employees are not appointed by the Independent Administrative Reform and Civil Service Commission and are directly hired by ATRA. The salaries of ATRA staff are higher than that of other government staff and reported interferences in the appointment process have made appointments non-transparent.

Recommendation 7.8: ATRA with cooperation of the Independent Administrative Reform and Civil Service Commission should conduct a vulnerability to corruption assessment of its employee appointment process and implement measures to address identified vulnerabilities.

Benchmark 7.8: Vulnerability to corruption assessment completed within 4-months and measures implemented with 8-months.

Expected Outcome: A vulnerability to corruption assessment will help strengthen the appointments process.


MEC MISSIONS

The collection and use of Telecommunications Development Fund revenue should be audited in detail to ensure that there have not been past abusesATRA has responsibility for monitoring and evaluating the Telecommunications Development Fund and the Supreme Audit Office evaluates the expenses of the Fund. However, given the importance of the Telecommunications Development Fund and the limitations of past audits, the Supreme Audit Office needs to assign more experienced auditors to review past expenditures.

Recommendation 7.9: The Supreme Audit Office should conduct a comprehensive and in-depth forensic review of the collection and use of the Telecommunications Development Fund from its inception to the present, inform MEC of its results, and publish a summary.

Benchmark 7.9: Audit performed, MEC informed of the results, and summary published within 6-months.

Expected Outcome: Verification that the Telecommunications Development Fund has been used appropriately.


MEC MISSIONS

New MEC Recommendations on Oversight and Accountability at the Afghanistan Red Crescent Society

An effective monitoring and evaluation system for Red Crescent programs is required to ensure appropriate oversightThe Afghanistan Red Crescent Society runs several major programs throughout Afghanistan, which are supported by funding from the Afghan government and international community. However, it has not implemented effective monitoring and evaluation systems to determine how well programs meet their objectives and serve end users. The lack of systematic measuring and tracking of program activities and results can undermine the effective implementation of all activities and decrease the optimization of the program.

Recommendation 7.10: The Afghanistan Red Crescent Society should implement a proper monitoring and evaluation system for all projects to determine whether programs and services are effectively reaching their intended beneficiaries.

Benchmark 7.10: Monitoring and evaluation system implemented within 6-months.

Expected Outcome: Effective monitoring of projects and increased effectiveness.

The Afghanistan Red Crescent Society needs to adopt a financial and accounting manual to enhance transparency and accountabilityCurrently, the Afghanistan Red Crescent Society does not have a comprehensive financial and accounting manual. Given that the Red Crescent receives all of its revenues from domestic and international public sources, a manual is required to ensure the transparent and accountable expenditure of funds.

Recommendation 7.11: The Governance Board of the Afghanistan Red Crescent Society should adopt and operationalize a financial and accounting policy and publish it on their official web site. The policy should cover financial and accounting procedures, adequate recording of transactions, proper logging of moveable and immovable properties, internal control mechanisms, financial coding, and the preparation of financial statements.

Benchmark 7.11: Financial and accounting policy adopted and published within 3- months.

Expected Outcome: Enhanced transparency, strengthened financial operation, adequate recording of all transactions, and strengthened internal control system.


MEC MISSIONS

The Supreme Audit Office should include the Afghanistan Red Crescent Society in its audit plans to oversee the expenditure of public fundsThe objectives of the Supreme Audit Office Law include the compliance with legislation in financial and accounting activities of government agencies and other entities that use public funds. The Afghanistan Red Crescent Society is partially financed through the collection of customs taxes, Haj contributions, and the sale of postage stamps. However, it has never been subject of an audit by the Supreme Audit Office in accordance with the Audit Law.

Recommendation 7.12: The Supreme Audit Office should conduct a financial audit of the Afghanistan Red Crescent Society and inform MEC of its findings, conclusions, and recommendations. A summary of its findings should also be published.

Benchmark 7.12: The audit is conducted, MEC is informed of the results, and a summary is published within 4-months.

Expected Outcome: Transparency and accountability for public expenditures is strengthened.


MEC MISSIONS

New MEC Recommendations on Procedures and Practices for Auditing Government Entities

The new Audit Law lacks effective enforcement mechanisms to ensure compliance with the Supreme Audit Office’s auditsThe Audit Law does not include any administrative procedures for reporting or penalizing institutions that unjustifiably refuse to implement the Supreme Audit Office’s recommendations, which leads to many issues identified in audits being left unaddressed. Reporting and penalties are required to make the institutions more responsive and to improve public services.

Recommendation 7.13: The Supreme Audit Office - in coordination with the Ministry of Justice – should develop amendments to the Audit Law that provide for administrative procedures to report and penalize institutions that unjustifiably do not implement the Supreme Audit Office’s audit recommendations.

Benchmark 7.13: Amendments are developed and submitted to the Council of Ministers within 3-months.

Expected Outcome: Sanctions will assist in the implementation of the Supreme Audit Office’s recommendations, thereby improving public administration and reducing vulnerabilities to corruption.

SAO should ensure that all embassies and consulates of Afghanistan are audited more frequently to provide greater oversightAccording to Supreme Audit Office procedure, Afghan embassies and consulates are being audited every five years, which does not provide for sufficient scrutiny of their activities. In order to prevent the opportunities for corruption and increase transparency and accountability of the audit in Afghanistan, the Supreme Audit Office should conduct audits more frequently.

Recommendation 7.14: The Supreme Audit Office should change the frequency that it conducts audits of Afghan embassies and consulates around the world from every five years to every two years.

Benchmark 7.14: Frequency of audits changed within 6-months.

Expected Outcome: Greater accountability of embassies and consulates.


MEC MISSIONS

New MEC Recommendations on Customs

Cross border verification of custom data will help the Afghanistan Customs Department fill gaps and loopholes in the system that will lead to an increase in government revenueIt has been observed that goods entering into or going out of Afghanistan are not being properly registered in the import/export databases of Afghanistan Custom Departments. Influential individuals and groups, as well as officials within the Afghanistan Custom Department have increased the portion of unregistered goods by engaging in corruption, misuse of resources, smuggling and other illegal activities at the borders. In the past, there were commercial attachés in Afghan consulates in Peshawar and Quetta of Pakistan and Mashad of Iran who registered goods intended to come to Afghanistan. However, those attachés have been removed and currently there is insufficient registration and verification of goods. The lack of sharing import/export data between customs departments of countries has made it difficult to identify the quantity of goods that are not being registered properly and potentially being diverted based on corrupt practices. Sharing such information with neighboring countries’ border custom facilities will limit the influence of these individuals and groups.

Recommendation 7.15: In light of the Afghanistan-Pakistan Transit Trade Agreement, the Afghanistan Ministry of Commerce and Industries and Afghanistan Customs Department at the Ministry of Finance should consider developing and implementing mechanisms for cross border verification of goods with Pakistan. Extensions of such mechanisms should be considered for other neighboring customs facilities at other neighboring borders after the successful implementation of mechanism with Pakistan.

Benchmark 7.15: Mechanisms for cross border export/import data verification with Pakistan is developed within 6-months.

Expected Outcome: Sharing export/import data with neighboring countries will reduce opportunities for corruption and subsequently increase government’s revenue

Strict control over presentation and verification of goods in custom facilities will lessen opportunities for corruption and abuseBased on the Afghanistan Customs Law goods and commodities entering into or going out from Afghanistan should be registered into the databases of Afghanistan Custom Department, with customs duties and tariffs collected. Although, there are legal requirements and procedures existing for presenting and verifying goods, reports indicate that goods are not being effectively registered, presented and verified by customs officials thereby diverting government revenue to personal accounts and pockets. Reports also indicate that brokers enter false data into the system to misguide the system into selecting specific representatives for customs verification purposes. Strict control mechanisms over registration, presentation and verification of goods can prevent corrupt brokers and custom officials from abusing and misusing the system.


MEC MISSIONS

Recommendation 7.16: The Afghanistan Customs Department should develop a technological mechanism (scanner, barcode, x-ray, etc.) to ensure that data entered into the system by customs brokers and verified by customs officials is accurate. In the meantime physical inspection should be expanded and strictly conform to the requirements of the the Afghanistan Anti-Corruption Strategy.

Benchmark 7.16: Strict control mechanism over entering, presentation and verification of goods into the system is developed within 6 months.

Expected Outcome: Strict control over entering, presentation and verification of goods into the custom databases will reduce opportunities for corruption resulting in increase in the government revenue

Dishonest custom officials and brokers abuse the system of data entry and divert government revenueArticle 16 of the Afghanistan Customs Law allows for the use of licensed brokers for custom proceedings. The Afghanistan Customs Department issues licenses for brokers and provides them with an account to enter data into the computerized systems operated in customs facilities. However, reports indicate that the certification process of these brokers is not merit based, and influence of high ranking officials has been observed. Reports also indicate that there are brokers who influence customs officials and abuse the system. False data entered into the system has reportedly been found, including the misidentification of the types and origin of goods to lower duties. Assessment of the recruitment process of brokers, as well as theirfunctionalityafterwardcanhelpidentifyabusers;andthecreationof a black list will prevent their reentrance into customs activities.

Recommendation 7.17: The Afghanistan Custom Department should reassess activities of brokers involved in custom proceedings, identify abusers and create a blacklist of those found to be abusing the system. The list should be publicly available and those in the list should not take part in customs activities. Customs officials found to be abusing the system should be dealt with accordance with the Civil Service Law and the Penal Code, where applicable.

Benchmark 7.17: Assessment of custom brokers carried within 4-months and a black list developed within 6-months.

Expected Outcome: Excluding abusive brokers will limit malfeasance and lead to an increase in the revenue of the government


MONITORING &EVALUATION2


MONITORING & EVALUATION CONTENTS

Anti-Corruption Monitoring and Evaluation 19

Framework and Tool

Highlights from Recommendations and 21

Benchmarks

Kabul Bank Public Inquiry Follow-Up Report 28


MEC’s Monitoring & Evaluation Team explains the new Anti-Corruption Monitoring & Evaluation Framework and Tool to members of the international community (July 2014).


Anti-Corruption Monitoring and Evaluation Framework and ToolSince MEC was established, it has developed a large number of recommendations and benchmarks aimed at reducing corruption in Afghanistan. In addition to monitoring the progress of national and international stakeholders in implementing these recommendations and benchmarks, MEC took on other responsibilities, including monitoring the progress on implementing PD 45, conducting VCAs, and issuing reports on other significant issues affecting the rule of law in Afghanistan.

Given its extensive body of work, MEC decided to create an anti-corruption framework that could act as an anti-corruption strategy that could provide guidance to stakeholders and be monitored by MEC.

As a result, MEC formulated the Anti-Corruption M&E Framework and Tool. It identifies specific outcomes and activities for a more effective fight against corruption. In so doing, the Framework also identifies relevant national and international stakeholders responsible for the outcomes and activities. Furthermore, the Framework serves to implement MEC’s streamlined approach for monitoring and evaluating national and international anti-corruption efforts in Afghanistan.

The Framework is based on past MEC recommendations, PD 45 articles, and other identified standards, which were then condensed and summarized to identify key outcomes and grouped into eleven themes. While it is designed to enhance and streamline MEC’s monitoring and evaluation efforts in areas crucial to reducing corruption, it can also act as a road map for national and international stakeholders to guide them in their anti-corruption activities.

The M&E Tool takes the Framework a step further and breaks the outcomes down into specific indicators, targets, and baselines. The Tool is in the form of a table that allows MEC to track progress on anti-corruption activities more efficiently. While the themes, outcomes, indicators, targets, and baselines will be static, their status will be updated through monitoring and evaluation activities.

MONITORING & EVALUATION


The M&E Framework and Tool consists of themes, outcomes, indicators, targets, baselines, and statuses, which are defined as follows:

• Theme: Broad strategic area encompassing the spectrum of required anti-corruption activities.

• Outcome: Desired end-state of proposed anti-corruption activities.

• Indicator: Specific and measurable activity or achievement that is necessary for a certain outcome to be achieved.

• Target: Proposed level of advancement that will demonstrate progress against a given indicator.

• Baseline: Status of indicator at the time the Framework and Tool was completed against which progress can be measured over time.

• Status: Analysis of a given activity based on monitoring and evaluation and comparison with target and baseline.

Intotal,thereare11themes,eachwithatleastoneoutcome;40outcomes,eachwithat leastone indicator;121 indicators,eachwithat leastonetarget;and219targets,eachwithanindividualbaselineandstatus.

The Themes cover the following areas:

I. Government-Wide Approach to Anti-Corruption

II. International Community Anti-Corruption Efforts

III. Justice Sector

IV. Regulatory Framework

V. Infrastructure

VI. Public Awareness

VII. Procurement

VIII. Government Audit and Oversight

IX. Elections

X. Civil Service Administration

XI. Budget Accountability

The M&E Framework and Tool was discussed extensively during MEC’s 12th Mission in June 2014, after which the Secretariat conducted extensive consultations with key stakeholders. The stakeholders engaged by MEC represented the Afghan government and civil society, as well as international actors. The consultations were conducted in order to ensure that the M&E Framework and Tool are comprehensive and realistic, and to create buy-in among other stakeholders. It also allowed MEC to identify gaps and receive feedback or comments that enabled MEC to strengthen the M&E Framework and Tool. The Committee approved it during their subsequent mission in September.




Highlights from Recommendations and BenchmarksNMH case left unresolved due to insufficient effort from both GIRoA and ISAF

The NMH case of September 2010 alleged corruption and patient abuse on a massive scale at Afghan military hospitals. Ten individuals were indicted in April 2013, but later released due to a lack of evidence. The AGO inexplicably sent the case to the Governmental Cases Department of the MOJ in July 2014. The investigation of this case took more than two years, yet did not result in any convictions or come to any conclusions about the allegations of the $42 million fraud. It is also unclear why ISAF did not pursue this case.

Given the scale of the alleged corruption, MEC is disappointed at the lack of effort and interest in this case on the part of the government and ISAF.

MEC monitors progress of reviews into illegal activity related to UNHCR funds

In MEC’s Fifth Set of Recommendations and Benchmarks, concerns were raised about the administration and financial management of UNHCR operations in Afghanistan.

The recommendations to UNHCR suggested they implement a forensic audit and conduct a VCA of the allegations related to the potential misuse of funds for facilities, secondary accounts, salary administration, and the construction of shelters. In response, UNHCR initiated an audit, which resulted in the preliminary identification of a fraudulent salary-payment scheme. UNHCR completed its investigation, but the results have not been made public, nor has UNHCR pursued apparent criminal activity.

MEC requested UNHCR to provide MEC with a copy of the audit and investigation report of malfeasance and introduce offenders to the AGO for investigation, but UNHCR did not meet either request.

Based on the information received to date, it appears that officials have committed fraudulent activities in the distribution of salaries funded by UNHCR for staff in the provincial offices of MORR.

In its June mission, MEC decided to refer criminal conduct of officials to the appropriate authorities in light of UNHCR’s apparent unwillingness to do so.

CTAP makes minimal progress is fulfilling MEC’s recommendations

In MEC’s Fifth Set of Recommendations and Benchmarks, it was recommended that the CTAP Advisory Board be replaced by the Steering Committee and that a financial and personnel audit of CTAP be performed by the SAO. CTAP officials claim that they have prepared a TOR for the Steering Committee and that an audit by the SAO will begin soon, but MEC has little confidence in the completion of these recommendations, given the minimal progress made over the past 18 months.


RECOMMENDATION HIGHLIGHT

ACCESS TO INFORMATION LAW PROGRESSES, BUT SHOULD TAKE MORE CSO RECOMMENDATIONS INTO CONSIDERATION

The Access to Information Law was drafted by the Civil Society and Human Rights Network NGO and sent to the MOIC in 2012, after which it was sent to the MOJ. The right of access to information is enshrined in article 50 of the Afghan Constitution, but no specific legislation was drafted to ensure this right until 2012.

The Access to Information Law was shared with relevant CSOs for their comments. They recommended changes to the definitions of some terms, the structure of the Supervisory Commission on the Right of Access to Information, and the enforcement of the law.

The Council of Ministers approved the law on February 3, 2014, and it was submitted to the Wolesi Jirga (Lower House) on March 30, 2014.

After making some changes to the law, the Wolesi Jirga approved it on June 30, 2014 and sent it to the Meshrano Jirga (Upper House). Among the changes were that the government will not publicize information that violates Afghan citizens’ rights or will give rise to the break-up of cultural, social, political and economic ties with other countries, and that the minimum experience for members of the commission is five years.

CSOs welcomed the passage of the law in the Wolesi Jirga and considered it an achievement towards ensuring transparency and accountability in Afghanistan. However, CSOs had also called for adjustments to the structure and authority of the Supervisory Commission, the mechanism for the appointment of members of the Commission, and the administrative and financial regulations of the Commission.

The Access to Information Law still has areas that require additional consideration. Explicit definitions of classified and unclassified information are needed, as governmental agencies are often unsure of what information can be legally shared. Additionally, the current procedures for accessing information requires the requestor to be physically present at the governmental entity, which is time-consuming and inefficient.

MEC is pleased that Access to Information Law has been approved by the Council of Ministers and Wolesi Jirga, but believes that more of the CSOs’ recommendations regarding the law should have been considered in its development.

2323 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE

MONITORING & EVALUATION HIGHLIGHT

PRESIDENTIAL CANDIDATES’ A N T I - C O R R U P T I O N PLATFORMS SHOW PROMISE, BUT LACK SUFFICIENT DETAIL

Following the first round of elections in April 2014, MEC analyzed the anti-corruption platforms of the two leading candidates, Dr. Abdullah Abdullah and Dr. Ashraf Ghani. Regardless of the outcome of the election run-off, MEC hopes to actively engage with the new president and his administration in fighting corruption and ensuring that the platform commitments are met.

Dr. Abdullah’s anti-corruption platform includes the following selected elements:

Vision: Effective, efficient, and transparent utilization of domestic resources and international aid.

Vulnerable Areas: Judiciary, security sector, procurement, provincial governor appointments, civil servant recruitment, and land usurpation.

Strategies: Establish an Independent Transparency and Accountability Office;establish a Special Prosecution Unit and Court for judicial and security entities; decentralizefinancial andprocurement functions; simplifypublicregulations,guidelinesandprocedures;promote electronic governance; reform civilservant recruitment; eliminate unnecessaryPresidential Advisor positions; developtransparentmechanismsforlanddistribution;verify assets of all high-ranking government officials; and promote CSO monitoring ofinfrastructure projects.

Dr. Ghani’s anti-corruption platform includes the following selected elements:

Vision: To fight corruption, with a coherent program and political will.

Vulnerable Areas: Selling government posts;trafficking in lumber, antiquities and precious stones; public awareness of rights; judicialsystem;andlandusurpation.

Strategies: Establish an office within the Presidential Palace to evaluate and monitor government contracts, establish local committees to preserve and maintain forests, ensure merit-based government recruitment, promote electronic governance, create a commission to raise awareness of citizen rights, support investigative journalism, and create special courts for land disputes.

Although MEC is pleased to see that the two candidates have made anti-corruption a key part of their platforms and campaigns, both candidates’ platforms are not comprehensive and lack detailed plans for how to implement anti-corruption reforms. MEC hopes that the next president will remain committed to the fight against corruption, meet their campaign promises related to anti-corruption, and actively engage with and support MEC and other relevant stakeholders.


MONITORING & EVALUATION HIGHLIGHT

MEC CARRIES OUT REVIEW OF POLICE COOPERATIVE FOLLOWING ALLEGATIONS OF CORRUPTION

Concerns have been raised by a variety of sources related to the collection, use, and oversight of police cooperative funds. MEC undertook a review of the program to assess these concerns.

The MOI Cooperative Department is a voluntary organization established within the MOI that provides services and primary materials, such as uniforms, clothes, equipment, furniture and food, to current, retired, and disabled police officers and their families.

The MOI Cooperative Department has many gaps and failures in administration and oversight that put its associated funds at risk of being misappropriated. The most significant failures relate to non-compliance with proper procurement processes, poor control of assets, and a lack of financial and accounting policies and oversight.

The emergence of these issues motivated international donors to ask for the dissolution of the program. As a result, the Minister of Interior suspended the 2.5% salary deduction in December 2013 and established several committees to audit the program (in addition to the audits that have been conducted by external organizations).

Problems with the program have also caused beneficiaries to lose faith in it and to ask repeatedly for more transparency and effective administration. Beneficiaries believe that these practices have resulted in financial losses and have created space for corrupt practices and fraud. However, despite these concerns, police officers see the potential for the program to be valuable if it is organized and managed properly. According to police officer statements, salaries are inadequate to purchase needed items at retail market prices. One of the benefits of the Cooperative is that they can purchase most basic items, such as rice, oil, tea, flour, and detergent, at discounted prices.

Overall the benefits of the program do not outweigh its significant flaws. In order to increase the Cooperative’s utility, MEC strongly recommends that the Minister undertake substantial efforts to improve systemic failures within the Cooperative Department. This would include enacting by-laws, rules, financial and accounting procedures, and inventory policies.

The Minister should direct the Cooperative Department to develop a multi-year expenditure and revenue plan to ensure transparency and accountability and to improve the accuracy of records concerning business transactions and accounts.

Furthermore, the Minister should ensure that the Cooperative Department properly follows the Procurement Law, cooperative bylaws, and other related regulations in the procurement, purchasing, and signing of contracts. For the sake of transparency, the Minister should order investigations into allegations of petty corruption within the Cooperative Department, as well as conduct a proper forensic audit of the Cooperative’s performance.

Finally, the following functions of the program would bring added value and support for all Cooperative members:

• Lobbying the government on police-related legislative and policy issues and advocating for adequate and equitable resources for policing.

• Providing a support network for members to improve representation and conditions related to education and training, equipment, health and safety, and protection of rights.

• Identifying key national issues that impact Cooperative members and facilitating the resolution of these issues.

• Providing survivor benefits as currently required by the Cooperative’s bylaws, but which have never been paid to date.

The Cooperative could be a valuable resource for police if fundamental changes to its structure, functions, administration, and management are implemented.



Aid Effectiveness Case StudiesTo ensure that aid is utilized effectively, MEC’s Terms of Reference include responsibility for the oversight of development programs and projects funded by donor countries and international organizations.

Pursuant to this authority, and based on a request of the Council of Ministers, MEC initiated a review of off-budget internationally funded projects in Afghanistan.

In January 2014, MEC’s members decided to conduct an in-depth review of donors’ off-budget funding of the development sector in Afghanistan and to share the final report of this review with GIRoA, the international community, and the public.

Realizing the limitations both on MEC’s resources and on the information available for review, the focus has been on identifying a number of specific projects to identify best practices and lessons learned to serve as a model both for donors and for GIRoA.

MethodologyMEC’s case studies on aid effectiveness in Afghanistan will rely primarily on the participation and cooperation of key international donors, enhanced by interviews with relevant implementers, government officials, program beneficiaries, and other stakeholders.

Supplementary information will include a review of publicly available information from donor governments and aid agencies, as well as data from the DAD maintained by the Afghan MOF.

Key Donor ParticipationMEC has sought direct participation and cooperation in the review process from a number of key donors, including USAID, DFID, the EU Delegation to Afghanistan, the Royal Norwegian Embassy, the Embassy of Japan and JICA, GIZ, and the Indian Embassy. These donors were selected based on their overall funding provided to Afghanistan since 2002 and the scope of their development activities in terms of sectoral, geographical, and beneficiary coverage. Selected donors use diverse channels for delivering aid to Afghanistan, including trust funds (such as ARTF, AITF, and LOTFA), national and international NGO partners, and UN agencies.

Choosing Aid Programs and ProjectsFor each of the key donors cooperating in this review, MEC is choosing several individual programs or projects for in-depth study. To ensure the availability of documentation and personnel, programs implemented from 2010 onward are preferred, though earlier programs may also be considered.


It should be noted that the final report will not seek to single out any program for praise or blame, but merely to identify the relative effectiveness of various approaches to delivering foreign aid in Afghanistan. Differences between the perceptions of donors, GIRoA, implementing partners, and beneficiaries about the extent to which programs have, or have not, had a positive impact may also enable donors and others to better understand and adjust their planning and implementation of future programs.

Overall, the chosen programs will seek to take into account the following criteria:

• Acquisition process.

• Implementation and implementing partner(s) (GIRoA, international organizations, non-profit CSOs, including national and international NGOs, and for-profit contractors).

• Program budget.

• Development sector.

• Geographical location.

• Intended beneficiaries.

• Ongoing vs. completed.

Requesting Program and Project InformationIn order to assess effectiveness of particular programs, MEC will seek to obtain as much primary documentation and other information available, including the following:

• MOUs with GIRoA and/or implementing partners.

• Contracts or grant agreements.

• Reports of any independent evaluation of aid programs conducted.

• Evidence of GIRoA engagement in different aspects of aid programs.

• Evidence of measures taken by donor and/or GIRoA to prevent corruption.

• Evidence that aid programs have a positive economic impact.

• Evidence showing regular donor monitoring of aid programs.

Progress To DateSince the end of January 2014, MEC has contacted the selected donors and has met with all key donors (except India) to discuss the purposes of the review and the information needed to carry it out. MEC also sent a questionnaire to obtain basic information about donor aid delivery and related practices in Afghanistan, and several provided supplemental information in response.




Meetings were also arranged with relevant departments in the Ministry of Finance, where MEC received updates on the use of the DAD by donors, discussed the issues related to government aid-management policy, alignment of aid programs with national priorities, and the role of relevant governmental institutions in the process of aid administration.

The level of donors’ support and cooperation in this study differs from donor to donor. Some key donors are making genuine efforts in providing required information, while others still have not responded substantively, requiring further follow-up by MEC staff.

Next StepsFollowing the selection of individual projects from cooperating donors, MEC will review the publicly available information and project documentation received for selected projects. The information and documentation will be analyzed and preliminary findings compiled. A draft report will be prepared and submitted to relevant donors for comments. These comments will be incorporated into the final report, which will be then published.



Kabul Bank Public Inquiry Follow-Up ReportKabul Bank continues to be a litmus test for the government’s commitment to resolve fundamental issues related to impunity, debt recovery, and financial regulation

August 2014 marked four years since the collapse of Kabul Bank and nearly two years since MEC released its first report on the topic. Unfortunately, there continues to be insufficient progress in resolving structural concerns related to impunity from prosecution of well-connected individuals, recoveries, and financial sector regulation.

The passage of time prompted MEC to explore outstanding matters related to Kabul Bank and to issue a follow-up report. The follow-up report on Kabul Bank provides an overview of four main elements: recoveries, criminal proceedings, financial regulation, and the privatization of New Kabul Bank.

The report will be released later in 2014.

MEC’s follow-up report found that efforts to recover stolen funds have faced interference and a lack of prioritization

Afghan taxpayers continue to allocate significant amounts of money to repay funds stolen from Kabul Bank. Over 1 per cent of the current operating budget ($67 million) was allocated to making payments to the central reserve related to Kabul Bank. In addition, New Kabul Bank operated at an annual loss of $7.4 million in 2013 and an accumulated loss of $46.8 million (as of December 31, 2013), all of which will be paid by the Afghan government due to its commitment to sell the Bank with a clean balance sheet.

Despite some successes, the recovery of money embezzled from Kabul Bank has been slow. The Kabul Bank Receivership continues to face external influence, and judgments from the Financial Disputes Resolution Commission have largely been ignored. The international recovery effort faces a lack of commitment from Afghan institutions and some elements of the international community.

Of note, customers not tied to wrongdoings linked to the Kabul Bank fraud account for approximately 22.5 percent of all cash recoveries. The largest overall debtors to Kabul Bank were the ex-Chairman, who was assessed liability for $308.3 million, of which only $67.0 million has been recovered(22percent);GasGroupwhichwasassessedliabilityof$121.3million, of which $48.9 million has been credited mostly from interest forgiveness (40 percent); Pamir Airways, which was assessed $101.1millionandcreditedwith$662thousand(0.7percent);andtheex-ChiefExecutive Officer who has been assessed liability of $86.8 million, but has been credited with $15.2 million (17.6 percent). In addition, there are a number of smaller debtors who have paid none – or a small portion – of the amount they owe.


It is clear from information received that the Kabul Bank Receivership still faces many challenges in executing its mandate. There is a lack of clear delineation between its role as an independent entity and the elements of the government that have an interest in its work. In addition, the Receivership is no longer receiving technical assistance as of March 31, 2014.

The report has found that criminal proceedings have stalled and that further investigations will not be conducted, as previously ordered and recommended

Although the Kabul Bank Special Tribunal returned convictions against those indicted, there are a number of concerns with its proceedings and the judgment, and an appeal was registered with the Court of Appeal on April 4, 2013.

Under the law in effect at the time, the Court of Appeal must confine its review to the points of the decision to which the appeal makes reference. But the Court may hear the witnesses and experts who have already appeared and collect new documents where the previous procedure was not sufficient for making a sound decision. The Court indicated that they needed more evidence and issued an order on November 26, 2013 assigning the prosecutor to collaborate with the Receivership to clarify the accounts of all Kabul Bank’s shareholders and borrowers in their presence.

Unfortunately, the order from the Court of Appeal repeats steps already taken to resolve the issue of liability, ignores the available evidence that would satisfy the issues in the order, and focuses on civil recoveries without in dealing with the criminal matters underlying the appeal. The Court of Appeal’s order essentially asks for efforts that have already been made, thereby introducing months of delay with little hope of resolving the criminal or civil issues of liability.

The potential for delay has become a reality, as the Court of Appeal has not heard a response from the Attorney General’s Office regarding the implementation of its order. The Attorney General’s Office attempted to call all beneficiaries to a meeting, but only two people responded and nothing further has been done. It is evident that officials in the Attorney General’s Office believe that the political environment made it difficult to implement the order.

Furthermore, MEC’s initial Kabul Bank report recommended that the Attorney General’s Office consider initiating investigations into other individuals, with the outcome of the documented in writing with a clear rationale for its actions. The expansion of criminal investigations was also ordered by the Special Tribunal in March 2013, which indicated that 29 individuals were identified for investigation for their suspected involvement in Kabul Bank-related crimes. However, the Attorney General’s Office has not undertaken any further criminal investigations. The absence of an investigation further perpetuates the perception of impunity and preferential treatment for politically exposed people.




Regulatory oversight needs to be strengthened to safeguard the Afghan financial system and banking sector

The International Monetary Fund’s Extended Credit Facility Program for Afghanistan included numerous measures aimed at strengthening financial sector oversight, but there has been insufficient substantive progress on a number of them. Many of the issues that allowed the Kabul Bank crisis to happen still exist today. Prudential audits conducted by the World Bank identified many of the same problems of related-party lending and undercapitalization at other banks.

The first review of the Extended Credit Facility was conducted on June 29, 2012, with further reviews scheduled for December 2012, March 2013, September 2013, and March 2014 - none of which occurred. The International Monetary Fund reported that performance in the June 2012 review was not in line with the targets due to unanticipated shocks that hit the economy, an inadequate policy response, and delays caused by opposition to some reforms and capacity constraints.

Discussions on the second review of the program were not concluded because key quantitative targets were missed, the implementation of some structural benchmarks was delayed, and a consensus was not reached on revenue targets for 2013. A January 2013 mission reached agreement on the second and third Extended Credit Facility arrangement reviews, but performance in early 2013 was significantly weaker than planned and not all prior actions were implemented, so completion of the reviews was not recommended.

The Financial Supervision Department’s five-year strategic plan was approved in June 2013 and the Department has begun to establish institutional arrangements for implementation. The Department developed a new organizational structure with increased staff and recruitment is underway to fill the new positions. It has also implemented higher salaries to attract more qualified staff, but many still do not meet the requirements of the positions and have little practical experience. Da Afghanistan Bank highlighted that they have begun implementing a program for supervisory capacity particularly focused on fraud detection, financial analysis, and monitoring bank information systems.

FINTRACA still takes a passive role in the monitoring and oversight of suspicious transactions and large cash transfers. The continued absence of an integrated electronic database relegates the unit to conducting little analysis, and being informed of transactions that require scrutiny well after they take place. Additionally, FINTRACA’s staff is not trained as effectively as they should be and it lacks formal technical assistance and support.


A memorandum of understanding has recently been signed between FINTRACA and other government agencies involved in detecting and prosecuting money-laundering offenses regarding the exchange of information and assistance in the investigation of economic crimes. Although this is a positive development, the memorandum of understanding is deficient in that it does not provide for regular forum for routine sharing of information and the regular coordination of the investigation and case-management of economic crimes.

Current efforts to govern and oversee the financial sector have met with limited success. The International Monetary Fund program and Financial Activities Task Force have set out the framework for reform in the area of financial sector oversight and anti-money laundering, but they have been implemented with non-comprehensive and inadequate technical assistance, resulting in slow progress in developing the legal framework and overall governance structures required. Current progress related to a new anti-money laundering law, a new counter-terrorism financing law, a banking law, a memorandum of understanding, and planned technical assistance from the World Bank are all important efforts, but are meaningless unless the laws are passed and implemented, and the capacity of the most important institutions is enhanced.

Privatization of New Kabul Bank has come to a standstill perpetuating operational loses and costs to the government

The privatization of New Kabul Bank has faced many challenges and has now come to a standstill as the Afghan government contemplates rehabilitation of the Bank, which would require millions of dollars that it has not budgeted. The Minister of Finance presented the successful bidder for New Kabul Bank to the Council of Ministers, which did not approve the sale due to the belief that the Bank’s real value was not reflected. The Chief Executive Officer of New Kabul Bank was directed to develop a plan in cooperation with the Ministry of Finance for the rehabilitation and continuation of the Bank’s activities, but it has not been finalized.

New Kabul Bank’s financial statements indicate that the Bank operated at a loss of $7.4 million in 2013, with accumulated losses of $46.8 million at the end of 2013. The losses are largely attributable to government restrictions on its ability to restructure, or lend money until it is privatized.

New Kabul Bank is undercapitalized and does not meet the Banking Law‘s requirements for paid-in capital. The Bank is 100 percent owned by the Ministry of Finance with share capital of 1,000,000 ordinary shares at 1,000 Afghanis per share, none of which has been paid in due to the lack of approval by Da Afghanistan Bank’s Supreme Council. Any buyer of the Bank will need inject capital to meet the regulatory requirements.




Key management of the New Kabul Bank include the Chief Executive Officer, the Deputy Chief Executive Officer, the Chief Financial Officer, and the Chief Operations Officer. Currently, these positions at New Kabul Bank are being filled by individuals appointed by Da Afghanistan Bank without following the proper procedures. Although they are former Da Afghanistan Bank employees, they have never been assessed or approved according to the legal requirements, which requires the evaluation of biographical and financial information of candidates.

MEC calls on the new government to prioritize the resolution of Kabul Bank related issues

The inauguration of a new government provides an opportunity to reinvigorate the process for resolving underlying concerns related to Kabul Bank. MEC requests that the new government provide explicit and public support for the Receivership to fulfill its mandate, invite the Attorney General’s Office to prioritize the pursuit of mutual legal assistance, pursue the submission of expert evidence to the Court of Appeal, and conduct criminal investigations into beneficiaries and participants in the Kabul Bank fraud.

The government should also vigorously implement the new Anti-Money Laundering Law and provide FINTRACA, the Financial Supervision Department of Da Afghanistan Bank, and other agencies the support required to fulfill effectively their important mandates. Finally, the government should resolve the issues of New Kabul Bank by completing its sale, or dissolving the Bank.


PROVINCIALVISITS3


PROVINCIAL VISITS CONTENTS

Committee Visit to Kapisa (January 2014) 35

Land Team Visits to Balkh, Herat, and Nangarhar 36

(April 2014)

VCA Team Visits to Nangarhar and Herat 37

(May 2014)


The Herat Citadel in winter.


Committee Visit to Kapisa: January 28, 2014The Committee visited Kapisa Province in January 2014 to meet with government representatives to discuss a variety of issues, including land usurpation. Members of the Committee and Secretariat met with the Provincial Governor and representatives of Arazi, the DOJ, the Office of Government Cases, the PAGO, and the Appeals Court. According to Arazi, Kapisa has one of the lowest rates of land usurpation in Afghanistan and some key differences compared to other provinces. In Kapisa, unlike in many other provinces, most land is usurped by the poor, rather than by powerful individuals, and most cases of usurped land involve less than one jerib of land.

PROVINCIAL VISITS

MEC members and staff with representatives of the Kapisa government (January 2014).


Land Team Visits to Herat, Nangarhar, and Balkh: April 2014Herat: April 13 - 15, 2014MEC Secretariat staff members visited Herat province in mid-April to meet with government officials responsible for dealing with land issues. The research team conducted interviews with members of the Land Directorate of Herat, Herat Municipality, the Directorate of Justice, and the Appeals Court, among others. The research team found that the province faces a number of problems related to land usurpation. For example, the forgery of official documents and the misuse of deeds by court staff are two of the primary methods used to usurp land in Herat Province.

Nangarhar: April 16 - 17, 2014The research team also visited Nangarhar to meet and interview staff from the Land Directorate of Nangarhar, Nangarhar Municipality, Department of Canals, and PAGO, among others. In Nangarhar, the most common methods of land usurpation involve the forgery of ownership documents or the use of force.

Balkh: April 19 - 22, 2014Finally, the research team travelled to Balkh Province to conduct interviews with officials from the Land Directorate of Balkh, the Directorate of Justice, and Balkh Municipality, among others. In Balkh, the most common methods of land usurpation also involve the forgery of ownership documents or the use of force.

Additionally, officials in Balkh claim that some government land was distributed by political parties to their followers from 1991 - 2001, for which they still possess ownership documents, causing problems in determining proper ownership of many parcels of land.

PROVINCIAL VISITS


VCA Team Visits to Nangarhar and Herat: May 2014Nangarhar: May 12 - 15, 2014MEC’s VCA Team visited Nangarhar to assess the practices of local institutions - such as the border police, Customs Department, DOPH, and Governor’s Office - as well as the private sector related to pharmaceutical importation. The team monitored activities at the Torkham border crossing and at drug-storage facilities of the Nangarhar Customs Department, pharmaceutical import companies, and pharmacies.

In Nangarhar, the VCA Team observed many vulnerabilities to corruption in the pharmaceutical importation process, including: insufficient number of positions in the tashkiloftheDirectorateofPharmacy;unnecessarilytime-consuming process of quality control due to the lack of a local testinglab;inconsistenciesintherecordsofimportedpharmaceuticals;theft of pharmaceuticals from governmental hospitals for sale in local markets;collusionbetweendoctorsandpharmaceuticaland importingcompaniestoinfluencethelocalmarketforpharmaceuticals;overlappingresponsibilities among government workers regarding pharmaceutical oversight; insufficient warehousing and vehicles for proper storageand transportation of pharmaceuticals; and the lack of coordinationand cooperation among relevant governmental and non-governmental entities.

The Importation of Pharmaceuticals VCA is expected to be published later this year.

PROVINCIAL VISITS


Herat: May 18 - 21, 2014MEC’s VCA Team visited Herat to evaluate the practices of its border police, Customs Department, DOPH, Governor’s Office, and private-sector pharmaceutical entities. The team monitored activities at the Islam Qala border and at drug storage facilities of the Herat Customs Department, pharmaceutical import companies, and pharmacies.

In Herat, the VCA Team observed many vulnerabilities to corruption in the pharmaceutical importation process, including: bribery of customs officials;insufficientnumberofpositionsinthetashkil of the Directorate ofPharmacy,inadditiontovacantpostsintheDOPH;unnecessarilytime-consumingprocessofqualitycontrolduetothelackofalocaltestinglab;existenceofbrokersinthecustomsprocess;lackoftrainingprogramsforpublichealthemployees;overlappingresponsibilitiesamonggovernmentworkers regarding pharmaceutical oversight; insufficient warehousingandvehicles forproperstorageandtransportationofpharmaceuticals;policeextortionof trucks carryingpharmaceuticals; lackofmonitoringby qualified pharmacists; and the lack of coordination among relevantentities, especially between the border customs officials and border police officers.


PROVINCIAL VISITS


VULNERABILITYTO CORRUPTIONASSESSMENTS4


VULNERABILITY TO CORRUPTIONASSESSMENTS CONTENTS

VCA Project Overview 41

MOPH: Importation of Pharmaceuticals 42

Future VCAs 43

VCA Update: MORR, Land Distribution 44

VCA Updates: MOHE, Internal Examinations 45

and Certificate Issuance

VCA Update: IARCSC, Recruitment Process 46

VCA Update: MOLSAMD, Pension Process 47


The VCA Team Leader explaining the results of the Pension VCA at MOLSAMD VCA Workshop (November 2013).


VCA Project OverviewThe VCA Unit, established in September 2012 in collaboration with MSI, completed five VCAs and their accompanying workshops in October and November 2013. The funding for establishing the unit and conducting the VCAs ended in November 2013, but the unit has been continued under the MEC Secretariat. One VCA on the Importation of Pharmaceuticals is currently underway and two others on the Importation of Fuel and Private Transportation are planned for late 2014.

The VCA Unit is maintaining contact with the relevant institutions to monitor the implementation plans that were finalized during the VCA workshops held in October and November 2013. The institutions agreed to report to MEC on progress made on the VCA recommendations every quarter. Pages 44 - 47 of this report include the first analysis of progress made by these institutions, the effectiveness of measures taken, and the overall impact of the VCAs’ recommendations.

VULNERABILITY TO CORRUPTION ASSESSMENTS


MOPH: Importation of PharmaceuticalsIn April 2014, MEC’s VCA Unit began its VCA on the importation of pharmaceuticals. The Unit met with the MOPH, the MOCI, the MOF, and international institutions, such as USAID and the World Health Organization.

Preliminary findings from these meetings and other research suggest that there are serious problems with this process, including the issuance of unrestricted licenses to companies and pharmacies, smuggling of pharmaceuticals; process for quality checking pharmaceuticals, andinadequate storage and cooling systems for pharmaceuticals.




Future VCAsIn the coming months, MEC’s VCA Team plans to assess the process of private-sector transport in MOTCA, customs processes (petroleum) in the Ministry of Finance and Ministry of Commerce and Industries, and allegations of corruption in the judicial system. These reports will be published over the next 12 months.



VCA Update: MORR, Land DistributionThe VCA Team’s first report addressed the issue of land distribution to returnees and displaced people through the MORR. It found many vulnerabilities to corruption and made recommendations to simplify and improve the process, which were accepted by the MORR.

The MORR sent its first quarterly progress report to MEC in April 2014. The ministry reported progress on many of the preliminary tasks, such as drafting procedures and mechanisms for land distribution; signingcontractswithrelevantministriesandstakeholders;conductingtrainingcoursesfortheiremployees;appointingemployeesthroughmerit-basedcompetitions; evaluating promotions of employees; and establishingprovincial information centers. In addition, some steps have been taken to address the problem of the roughly 3,000 pieces of land that have been distributed to multiple beneficiaries.

Due to some technical and capacity problems, some of the recommendations, including the review of the legal framework, the land distribution process in resettlement areas, and the creation of provincial commissions on land distribution in Kabul, have seen little to no progress.

Despite implementing some of MEC’s recommendations, the process of land distribution at the MORR remains problematic, since the steps taken are not completed or applied properly. MEC has made recommendations to address these current issues, including the establishment of a policy and legal team to help build capacity and prepare any legal documents.



VCA Update: MOHE, Internal ExaminationsThe VCA Team conducted two VCAs at the MOHE on the topics of internal examinations and certificate issuance. The Internal Examination VCA focused on enhancing the capacity of administrative staff and teachers and the development of mechanisms for processing complaints.

Unfortunately, despite sending many official letters to the MOHE, they have not provided MEC with a progress report on their activities. MEC hopes that the MOHE will take their commitments to improve the internal examination process more seriously in the future. MEC members are seeking to meet with MOHE officials to assess their progress and commitment to the recommendations in this VCA.

VCA Update: MOHE, Certificate IssuanceThe Certificate Issuance VCA addressed the process of obtaining certificates by university graduates. Due to the unnecessarily complicated process, the lack of staff, and the use of a paper-based system, it recommended that the process be simplified and computerized to prevent opportunities for the solicitation of bribes.

In April 2014, the MOHE sent its first progress report to MEC on the implementation of the recommendations related to the Certificate Issuance VCA. This quarterly report described steps taken on certain issues, such as revising the mechanism and procedures of the process, conducting trainings for the employees, evaluating and promoting employees, and establishing a one-stop-window. In addition, preliminary steps have been taken towards the establishment of a management information system.

But many of the VCA’s recommendations have not been addressed, including the approval of MOHE’s rules and regulations by Parliament, the sharing of implementation plans with other universities, and the issuance of diplomas to graduates of private universities.

MEC has observed that due to some progress in the VCA’s recommendations, the quality of activities in this area have improved slightly.




VCA Update: IARCSC, Recruitment ProcessThe IARCSC Recruitment Process VCA identified numerous problems related to the lack of transparency and the influence of personal relationships in the hiring process for civil servants.

The IARCSC sent their first VCA progress report to MEC in March 2014. It indicated that the IARCSC has taken some steps to fulfill the VCA’s recommendations, such as revising the civil service employee rules, preparing and approving salary rates for those with special skills, revising the personnel framework, nominating employees for training programs, revising the mechanisms of skill-based interviews, and planning and designing the HR-MIS electronic system.

It is too soon to determine the true effectiveness of these activities, but MEC is pleased with the commitment the IARCSC has shown to date in implementing the VCA’s recommendations.


VCA Update: MOLSAMD, Pension ProcessThe MOLSAMD Pension Process VCA found that the process is overwhelmed by demand for its services and needs modernizing and simplifying to address concerns about corruption.

MOLSAMD sent its first progress report on the Pension Process VCA in May 2014. In the report, MOLSAMD states that they have made some progress in implementing the VCA’s recommendations in the following areas: modifying retiree pay rules, establishing a free telephone center for retirees, establishing an information center for clients, establishing a mobile SMS information system for retirees, entering the information of 73,000 retirees into their electronic information system, hiring skilled and professional staff, and dismissing some staff members that were identified as corrupt.

Notwithstanding these efforts, no progress was reported in the areas of stopping relation-based recruitments, improving the recruitment processes, and making payments on time. In general, MEC is pleased with the progress made so far and satisfied with the commitment of MOLSAMD to implement the VCA’s recommendations.



LAND USURPATION PUBLIC INQUIRY5

4949 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE

LAND USURPATION PUBLIC INQUIRY CONTENTS

Summary of the Land Usurpation 50

Public Inquiry Report


Illegal settlements in Kabul, Afghanistan.


Summary of the Land Usurpation Public InquiryIn 2013, MEC decided to review the land-administration system to identify illicit practices and to develop recommendations to improve the management process.

Land usurpation is rampant in Afghanistan and contributes to political instability and economic weakness. Approaches to land management have changed significantly under various regimes and have been adversely affected by security conditions. Only a fraction of land in Afghanistan has been surveyed, and property identification is often conducted ad hoc with imprecise methods. Land surveying, registration, transfer, and distribution follow very complex processes requiring the involvement of numerous government entities. Land administration is predominantly paper-based, with no central electronic registry, and is therefore susceptible to the deterioration of records.

Historical and current factors have contributed to the scope of the land usurpation problem in AfghanistanThe usurpation of state and private land has been a significant problem over the past ten years. Statistics compiled by ARAZI indicate that more than 1.2 million jeribs have been usurped in the last decade.

The roots of the problem are historical, including the land-registration policy during the time of King Zahir Shah, the land reform policies during Daud Khan’s regime and the communist era, and the ravages that took place in recent years.

However, since 2001, widespread corruption, insecurity in some parts of the country, the lack of a unified land administration system, weak police and law enforcement units, and the lack of adequate legal provisions have also been factors that have played an important role in the spread of this problem.

Only 1/3 of land in Afghanistan has been surveyed and registeredSince its establishment, the Directorate of Cadastral Survey has surveyed and registered only 34% of all land. The lack of a survey and registration of the remaining 66% of state land provides opportunities for land usurpation, since these processes have a very basic role in preventing improprieties and in identifying usurpers. Another area of concern is the vulnerability of survey methods that makes usurpation possible. According to interviewees, it is possible that the property of an individual is registered in the name of another person during the survey or that a person’s land-survey record is destroyed after the survey in order to enable the usurpation of his land by another.

LAND USURPATION PUBLIC INQUIRY


Deeds are reportedly being forged in the MakhzanIn the process of land registration there are serious vulnerabilities that have provided the possibilities for land usurpation. This mostly relates to the primary and appellate courts. Based on interviews, it appears that documents and deeds are being removed or replaced with fake deeds in Makhzans, which is a common type of usurpation through the courts. Additionally, forging power-of-attorney documents and customary land deeds, or concealing inheritances and setting up false claims take place regularly. There are also problems associated with the storage of files, as the low quality of paper makes it susceptible to deterioration due to humidity.

Courts are seen by many as the “center of corruption”Forging official deed titles by court employees appears to be one of the main methods of land usurpation. The Department of Cadastral Survey facilitates these opportunities in relation to state lands. Interviews indicate that employees – particularly in Balkh province – allow usurpers to access unregistered arid lands. There are some cases where court officials made deeds or decisions for the benefit of one person during a land claim, but after being informed of ongoing investigations, they issued ordinances of nullification to conceal their involvement. These activities have led some to call the courts “the center of corruption and a document forgery machine.” Unfortunately, it has been reported that some staff and judges who fight land usurpation or do not take part in unlawful activities are transferred from their posts and, in some cases, fired.

Land distribution through the municipalities is vulnerable to corruption The process of land distribution in the municipalities takes place in three forms: land-entitlement distribution, acquisition, and distribution of commercial areas. The main methods of land usurpation in the municipalities include forging documents and signatures of high-ranking officials, inserting additional names on the eligibility lists of the land-distribution commission, and providing false information on the form for those not having property with the help of brokers.

Formal and informal mechanisms exist for the resolution of land disputes Land-dispute resolution methods differ according to the disputants, namely between individuals and the government, between government entities, and between individuals. Disputes between government entities or a private and a government entity, will be resolved through the Office of Government Cases. Otherwise, they are referred to the courts.

Disputes between individuals are addressed through the Department of Legal Rights, and, in cases without agreement, are then processed through the formal judicial procedures. Other disputes are addressed through the informal processes of Shuras and Jirgas.



Actions by the government have not had major impactThe government has taken some steps to fight land usurpation, including the issuance of PD 45 in 2012, the drafting of the Law on Usurpation and Illegal Occupation of State and Private Lands, the establishment of ARAZI, and the preparation of a comprehensive Report on Land Grabbing by a special commission of the Wolesi Jirga. Additionally, special courts and provincial committees have been established and studies performed, but they have not comprehensively addressed the issue.

There has been no sustained and comprehensive effort to deal with the land usurpation crisis in AfghanistanLand usurpation is perpetrated and facilitated by government officials, court administrators, powerful individuals, and land brokers using a variety of methods, including: • Deeds are forged, modified, or destroyed.• Supporting documents are forged, sometimes by court administrators.• Unlawful directives are made by local officials interfering with land

distribution.• Bribes are solicited to complete complex procedures or to reduce tax

liabilities.• Land leasing schemes exist in some provinces to acquire occupied

land.• Property dealers sell the land of absentee owners without

authorization.• Powerful individuals threaten government officials and court

administrators to register property for their benefit.• Land entitlements are allocated by municipalities without underlying

land being available.• Court proceedings are abused as a method to validate ownership for

otherwise unlawful owners.

MEC’s recommendationsIn the near future, MEC will be issuing its Land Usurpation Public Inquiry Report, supported by MEC engagements with government stakeholders. It will recommend:• Comprehensive legal reform for land administration that removes

land administration from the courts.• Enhanced land surveying efforts.• The creation of an electronic registry for land that is accessible in

provincial centers.• The codification of specific land-related offenses and punishments.• The development of case-management procedures for the

investigation and prosecution of land related cases.• Improved regulation of land brokers.



COMMUNICATIONS& OUTREACH6


COMMUNICATIONS & OUTREACH CONTENTS

Communications 55

Media Events 57

Social Media 58


Committee members being filmed at the MEC Press Conference on the release of its VCAs (January 2014).


CommunicationsIn March 2014, MEC held a workshop with eight CSOs to discuss areas of mutual interest, including elections, anti-corruption campaigns, and the CoST Initiative.

MEC also published eight news releases during the reporting period. The following are summaries of the eight news releases:

January 11, 2014: AISA’s Ambiguous Legal Status and Lack of Accountability Lead to Mismanagement of Government Resources

AISA’s ambiguous legal status and lack of oversight has put Government funds and property into jeopardy of being misused. After an extensive review, MEC issued recommendations today calling for an audit of AISA and a review of the transfer of industrial parks to that organization. The recommendations also address the need to reformulate the legal and regulatory framework governing AISA to ensure that appropriate oversight is exercised in the future.

January 27, 2014: MEC Identifies Concerning Practices and Procedures that Lead to Corruption in Important Public Services

MEC released five VCA reports identifying significant vulnerabilities to corruption in various sectors of government, including land distribution to repatriates, pension payments, and appointments to the civil service. The reports highlight questionable practices that affect Afghan’s ability to receive services and demonstrate how public servants can receive illicit incentives for providing basic services.

February 10, 2014: Illegal Hiring of Prosecutors and Lack of Comprehensive Training Contributes to Impunity and Risks of Corruption

MEC has identified illegal practices and weak processes for the appointment and training of prosecutors in Afghanistan, which contribute to the lack of prosecution for corruption and general impunity. MEC is issuing recommendations to tackle the hiring and training procedures at the Attorney General’s Office that would address these important issues.

April 16, 2014: MEC Releases latest Six-Month Report Revealing Anti-corruption Successes and Failures

MEC released its fifth six-month report, which identifies the best and worst performing organizations in the fight against corruption. The report provides MEC’s latest evaluation of anti-corruption initiatives and highlights MEC’s activities as the independent voice monitoring national and international anti-corruption efforts in Afghanistan.

COMMUNICATIONS & OUTREACH

MEC Secretariat staff discuss a variety of issues with CSOs (March 2014).


May 6, 2014: MEC Identifies Deficiencies that Create Opportunities for Corruption within the Afghanistan Telecommunications Regulation Authority and the Afghan Red Crescent Society

MEC has undertaken a review of ATRA and the Afghan Red Crescent Society governance and accountability structures. The review resulted in the identification of several vulnerabilities to corruption and recommendations to increase transparency and enhance oversight.

June 1, 2014: MEC Considers Further Strengthening of the SAO to be Necessary

MEC has reviewed the procedures and practices of the SAO and determined that the performance of SAO towards realizing its goal of improving management within the government and performing proper oversight of embassies around the world is not without challenges.

June 3, 2014: MEC Asks for Amendments to the New Anti-Money Laundering Law

MEC welcomed the submission of the Anti-Money Laundering Law to the National Assembly by the Government of the Islamic Republic of Afghanistan, however changes are needed to turn it into an effective instrument against corruption.

June 10, 2014: Afghanistan Loses a Substantial Amount of its Revenue due to Ineffective Customs Control

MEC observed that many goods entering Afghanistan are not properly registered causing a negative impact on Afghanistan’s customs revenue. In response, MEC issued recommendations to reduce opportunities for corruption at the borders.



Media EventsDuring the reporting period, members of the Committee and Secretariat participated in more than 30 media engagements on such topics as MEC’s Fifth Six-Month Report, VCAs, security-sector spending, and recommendations concerning AISA. These engagements included interviews, roundtables, debates, and panel discussions with national media outlets, including TV1, Tolo News, Kabul News, Khurshid TV, Noor TV, Shamshad, Aryana TV, Radio Azadi, and Radio Salam Watandar, and international media outlets such as the British Broadcasting Corporation, Al Jazeera, El Mundo, Reuters, National Public Radio, and the Voice of America.

MEC also held two press conferences on the following subjects that each attracted 25 - 30 national and international media outlets:

1. ReleaseoftheVCAReports,January27,2014;

2. Release of the Fifth Six-Month Report, April 16, 2014.


MEC’s Press Conference on the release of the Fifth Six-Month Report (April 2014).


Social MediaMEC’s Facebook group page (www.facebook.com/groups/mec.af) surpassed 570 members during the reporting period and is updated multiple times per week. MEC’s Twitter feed (www.twitter.com/IJAMEC) is generally updated once per week and the MEC web site (www.mec.af) averaged more than 450 unique visitors and 1,300 report downloads per month during the reporting period.

MEC is in the process of revamping its approach to social media and will presently be increasing its presence on a variety of platforms.



ADMINISTRATION7


ADMINISTRATION CONTENTS

Human Resources 61

Financial Report 62


MEC Secretariat staff members.


Human ResourcesThe MEC Secretariat is made up of 22 professional positions, and includes experts, advisors, officers, translators, and administrative support. Currently, the Secretariat is comprised of five international experts and advisors and 17 national advisors and officers.

A new committee member was selected following a comprehensive worldwide recruitment process and joined MEC from June 2014. The Committee currently has all six (three international and three Afghan) positions filled.

MEC approved a restructuring of the Secretariat to better respond to current priorities and needs. The Senior Policy Advisor and international expert positions were removed and were replaced by two Senior Policy Advisors.

Administration


Financial ReportFunding for MEC is provided by DFID and DANIDA. The funding agreement between MEC and DFID obligates the Committee to provide financial and activity reports for each quarter. MEC Donor Board Meetings are also held during every Committee mission to facilitate accountability for funds received.

Funding was also provided by USAID through MSI for the VCA project, which wound-up in November 2013. The German development agency GIZ provides in-kind support for three technical advisors through its CIM program.

Administration


APPENDICES8


APPENDICES

Appendix A: About MEC 65

Appendix B: Anti-Corruption Monitoring and 66

Evaluation Framework

Appendix C: Anti-Corruption Monitoring and 73

Evaluation Tool


Appendix A

ABOUT MEC

The Committee

MEC was created by Presidential Decree after the need for independent monitoring and evaluation of anti-corruption efforts was identified at international conferences in London and Kabul. Following the London Conference, GIRoA invited the international community to form a joint Afghan-International monitoring and evaluation committee to provide policy advice and monitor and evaluate progress against specific benchmarks.

MEC’smandate is to develop anti-corruptionbenchmarks; tomonitor and evaluate thegovernmentandinternationalcommunity’seffortstofightcorruption;andtoreporttothePresident, Parliament, people and the international community. Specifically, the terms of reference in the Presidential Decree state that:

The Committee identifies effective development criteria for institutions, and through the monitoring and evaluation on activities conducted against corruption at the national level, and with the aid of donor countries and international organizations, reports to the President, Parliament, people and international community every six months.

MEC operates independently from the Government of Afghanistan and from the international community. This independence ensures that MEC is capable of carrying out its mandate in a transparent manner without undue influence.

The Committee is responsible for identifying anti-corruption priorities, issuing benchmarks and reports, and outreach and communication. The Committee meets in Afghanistan quarterly and issues regular reports every six months, with special reports being issued intermittently.

The Committee consists of six senior anti-corruption experts selected through a nomination process implemented by the international community and the Afghan government. The Chairmanship of the Committee alternates between an Afghan and international appointee on a six-month basis. The Chair of the Committee is responsible for chairing Committee missions and meetings, and providing directions to the Secretariat during periods that the Committee is not meeting.

MEC Secretariat

MEC is supported by a technical secretariat comprising national and international staff. The Secretariat is led by an Executive Director and is divided into four units: Monitoring and Evaluation, VCA, Research, and Communications and Reporting, with over-arching policy expertise provided by two Senior Policy Advisors.

An administrative team provides financial and administrative support to the Secretariat and to the Committee, and is responsible for budgeting, reporting, information management, and the development of business processes and organizational policies.


Appendix B

ANTI-CORRUPTION MONITORING AND EVALUATION FRAMEWORK

MEC’s new Anti-Corruption M&E Framework - as described on pages 19-20 of this report - is shown below.

ANTI-CORRUPTION MONITORING AND EVALUATION FRAMEWORK

I. GOVERNMENT-WIDE APPROACH TO ANTI-CORRUPTION

1. Effective anti-corruption framework set-out in legislation a. Article 12 of the Anti-Corruption Law aligned with constitutional requirements to register, verify, and publish assets of government officials b. Types of Corruption is clearly defined in legislation c. Effective and proportionate penalties and administrative sanctions for those convicted of corrupt acts d. Increase the charges of money laundering and corruption cases e. Enhanced due diligence requirement on politically exposed persons enacted in Afghanistan’s Anti-Money Laundering legislation, and increase suspicious reporting from Afghanistan financial sector and politically exposed persons/ corruption

2. Implementation of an access to information regime a. Enactment of an Access to Information Law providing broad access to information consistent with the Afghan Constitution b. Development of access to information legislation with participation from relevant government and civil society stakeholders c. Appropriate timelines for the processing of requests and provision of information d. Sufficient penalties and sanctions for violations to access to information requirements e. Accessible and transparent dispute resolution mechanism

3. UNCAC requirements fulfilled a. UNCAC self-assessments conducted to assess current legal framework against UNCAC requirements b. Development and implementation of an action plan to address deficiencies identified

4. Effective identification and prosecution of land usurpation a. Enactment of stand-alone legislation for the usurpation of land b. Criminalization of land usurpation c. Effective detection, investigation, and prosecution of land usurpation

5. System for the reporting of corruption and protection of whistleblowers a. Legislated system for the reporting of illegal activities and corruption b. Legislation developed with broad consultation of relevant government and civil society organizations c. Protection for whistleblowers from adverse consequences of their disclosures


6. Government-wide anti-corruption strategy and policies a. Government anti-corruption strategy and policies developed with broad consultation b. Awareness of anti-corruption obligations and responsibilities across government c. Functional governance structures to ensure effective implementation and monitoring of anti-corruption strategies and policies d. Vulnerability to corruption assessments conducted in important government services

7. Effective registration and verification of government officials’ assets a. Strengthened capacity of the High Office of Oversight Asset Registration and Declaration Department b. Cooperation amongst agencies necessary for the verification of assets c. Registration, publication and verification of assets required by the Constitution and laws of Afghanistan d. Prosecution of individuals who fail to register assets, who make false declarations, or who have been found to have obtained assets illegally e. Prosecution of and/or disciplinary measures against HOO staff members who knowingly aid individuals in avoiding registering assets and making false declarations

II. INTERNATIONAL COMMUNITY ANTI-CORRUPTION EFFORTS

8. Coordination of international community anti-corruption efforts a. A working group of major donors engaged in anti-corruption programming established and meeting regularly

9. Effective implementation of development aid a. Donor funded programs and projects clearly tied to government priorities b. Coordination with relevant government agencies in the design and implementation of projects and programs c. Procurement practices of international stakeholders in Afghanistan are consistent with Afghan Procurement Law restrictions on sub-contracting d. Comparative assessment of the effectiveness of on- and off-budget funded projects conducted and lessons learned applied to future funding

10. Effective monitoring and evaluation of development funding a. All development projects funded in Afghanistan are registered with the Afghan government and published b. Appropriate monitoring and evaluation mechanisms developed and implemented for all funds, including security sector spending c. Cases of misappropriated funds investigated and reported to the proper authorities d. Monitoring and evaluation results publicly reported

11. Enhanced community monitoring of donor implemented projects and programs a. Enhanced capacity of civil society and media b. Strengthened community monitoring of projects and programs


III. JUSTICE SECTOR

12. Effective and comprehensive case management a. Clear case management procedures developed and implemented b. Comprehensive case management database accessible by relevant justice sector agencies implemented c. Case management governance structures established and operational to enhance cooperation amongst law enforcement agencies d. Status, causes for delay, and reasons for dropping cases of corruption and land usurpation referred to the AGO assessed

13. Effective investigation, prosecution and enforcement a. Effective investigation of cases referred to AGO b. A revised Law on the Structure and Authority of the AGO clearly setting out the process and qualifications for the appointment of prosecutors c. Comprehensive capacity building program for prosecutors introduced d. Detailed terms of reference for all prosecutors consistent with international treaties and best practices e. Effective prosecution of cases referred from the AGO to the courts f. Comprehensive judicial capacity building programs introduced g. Enforcement of all judicial decisions and orders

14. Transparent judicial proceedings a. Standards and procedures for transferring criminal cases from one province to another clarified and enhanced b. Court and administrative tribunal proceedings conducted publicly c. All judgments of court and administrative tribunals published d. Feedback from AGO on the progress and results of cases

IV. REGULATORY FRAMEWORK

CUSTOMS 15. Effective framework for regulating customs activities a. Statutory regulation of the use of brokers, including the identification and sanctioning of brokers that act illegally b. Methods developed for the valuation of the type and quality of goods c. Methods for verifying customs data by cross referencing with data from bordering countries

16. Effective monitoring and testing of goods entering the border a. Appropriate technology introduced at borders and checkpoints for inspections b. Mobile Task Forces set up to check quantities and qualities of goods c. Only customs officers granted access to facilities and allowed to take part in the customs proceedings d. Tax exempted goods under the military technical agreement monitored and verified


MINING 17. A strengthened regulatory framework for mining activities a. Enhanced Minerals Law enacted to ensure transparency and competitive bidding, avoid conflicts of interest, enable community monitoring, secure sufficient royalties, and inclusive of anti-corruption provisions. b. Comparative mining study conducted to identify international best practices that can be implemented in Afghanistan c. Mining policies developed and implemented to operationalize Minerals Law, including anti-corruption provisions

18. Enhanced capacity for the negotiation of mutually beneficial mining contracts a. Internal capacity development strategy developed and implemented b. Highly qualified external lawyers used until such time that internal capacity is developed

19. A transparent mining sector a. Explicit contract provisions obliging partners and subcontractors to fully respect all applicable international and national anti-corruption standards b. Publication of all sub-contracts c. Higher levels of mining revenue reporting to capture a majority of mining revenue and mining companies in Afghanistan

FINANCIAL SECTOR 20. Financial transactions monitored to prevent illicit activity a. Anti-Money Laundering Law enacted according to international best practices b. IT systems utilized to sufficiently monitor financial transactions c. Policy on currency outflows at airports and borders developed and effectively implemented d. Enhanced cooperation between FINTRACA and other government agencies e. Capacity building programs in fraud detection and suspicious transactions implemented

PRIVATE SECTOR 21. Enhanced governance and accountability in private sector regulatory agencies a. AISA’s legal status is clarified to ensure transparency and accountability b. All previous and future decisions and meeting outcomes of the High Commission on Investment published c. The legitimacy of the transfer of responsibility for industrial parks is reviewed

22. Companies are effectively registered and monitored a. Licenses of active companies are registered with the Central Business Registry and renewed regularly according to legal requirements

23. Strengthened Doing Business Indicator action plan a. DBI action plan modified to include anti-corruption considerations

24. Investigation and blacklisting of corrupt companies a. Blacklist of contractors maintained and shared by key donors and relevant national and international entities b. Blacklist of contractors made publicly available


NGO SECTOR 25. NGOs are regularly reviewed for compliance with the NGO code of conduct a. Entity identified to carry out regular reviews with clear terms of reference b. Results of the review are published online for each NGO c. Non-compliant NGOs are appropriately sanctioned for digressions d. Review plan is established and implemented with regular assessments

26. Transparency in the activities and administration of NGOs a. A publicly available NGO database is created and regularly updated

V. INFRASTRUCTURE

27. Capacity of MOPW to monitor Afghanistan’s infrastructure projects a. Technical and managerial capacity building program established for the Ministry of Public Works to manage and oversee projects, including short- term and long-term expertise b. Needs assessment for permanent and mobile quality control testing laboratories completed and laboratories established as needed c. Tender procedure ensures that construction companies meet minimum standards in their technical capacity d. Communication policy developed for the regular reporting of activities from work-sites e. Comprehensive corruption-reporting mechanism developed and implemented f. Community-based monitoring mechanism developed and implemented g. CoST initiative implemented in Afghanistan h. Database of all infrastructure projects created

28. Capacity of other relevant institutions to monitor Afghanistan’s infrastructure projects a. Technical and managerial capacity building program established for the Ministry of Rural Rehabilitation and Development to manage and oversee projects, including short-term and long-term expertise b. Technical and managerial capacity building program established for the Ministry of Energy and Water to manage and oversee projects, including short-term and long-term expertise c. Technical and managerial capacity building program established for the Ministry of Urban Development to manage and oversee projects, including short-term and long-term expertise d. Technical and managerial capacity building program established for the Ministry of Mines and Petroleum to manage and oversee projects, including short-term and long-term expertise e. Technical and managerial capacity building program established for the Municipalities to manage and oversee projects, including short-term and long-term expertise

VI. PUBLIC AWARENESS

29. A comprehensive anti-corruption module is included in the curricula of schools and universities a. Anti-corruption module developed and incorporated into curricula


30. Countrywide anti-corruption campaign a. Trainings and seminars for Mullahs and Madrasa teachers to sensitize them to acts of corruption and anti-corruption mechanisms b. Anti-corruption information disseminated through Mosques and religious scholars c. Media campaign strategy developed and implemented d. Government publications used to disseminate anti-corruption information

VII. PROCUREMENT

31. Effective procurement framework for public entities that includes limitations on sub-contracting to enhance accountability and transparency a. Procurement Law amended to ensure consistency with international best practices and government-wide effective implementation

32. Strengthened Appeal and Review Committee for procurement dispute resolution a. Appeal and Review Committee provided with additional resources b. Increased independence of Appeal and Review Committee c. Enhanced awareness of the Appeal and Review Committee amongst domestic and foreign bidders

33. Dedicated procurement specialist in all government institutions a. All government institutions with procurement functions staffed with dedicated procurement specialists

VIII. GOVERNMENT AUDIT AND OVERSIGHT

34. Enhanced internal oversight capability a. Audited institutions follow SAO recommendations b. Functioning internal audit and oversight departments of government institutions

35. SAO undertakes detailed and in-depth financial and performance audits of key institutions on a regular basis a. Institutions are identified, priotized and audited based on risk factors

IX. ELECTIONS

36. Effective vetting and training of election staff a. All permanent and temporary election staff are vetted b. Effective polling staff training plan created and implemented

37. Political campaigns are conducted transparently according to the law a. Candidates register their campaign funds, assets, and expenditures, including their source b. Registered campaign funds, assets, and expenditures are verified, including the source c. Effective oversight of political party financing d. Campaign commitments to anti-corruption are met


X. CIVIL SERVICE ADMINISTRATION

38. Transparent and merit based civil service appointments and performance management a. Structure of the Civil Service Commission reviewed and reformed to ensure transparency, accountability and effective management b. Recruitment and appointment processes implemented based on merit, fairness and transparency c. Civil servant misconduct assessed appropriately and available disciplinary measures put to use d. Salary and benefits for civil servants appropriate and consistent

39. Simplified administrative procedures that reduce vulnerabilities to corruption a. Priority government processes identified for simplification b. Administrative processes simplified based on prioritization c. Enhanced understanding and awareness of new procedures amongst civil servants d. Awareness of new administrative procedures raised among end users e. Implementation of new procedures monitored and evaluated for effectiveness

40. Prohibition and reporting of illegal interference a. Interference in the work of public bodies and officials explicitly prohibited through legislation

XI. BUDGET ACCOUNTABILITY

41. Strengthened oversight and accountability through provincial engagement in the budgeting development process and implementation a. Provincial Budgeting Policy developed and roadmap for its implementation agreed b. Strengthened capacity of provincial development committees to actively participate in the budgeting process and oversight


Appendix C

ANTI-CORRUPTION MONITORING AND EVALUATION TOOL

MEC’s new Anti-Corruption M&E Tool - as described on pages 19-20 of this report - is shown below.

Base

line

Stat

us

a.

Artic

le 1

2 of

the

Anti-

Corr

uptio

n La

w a

ligne

d w

ith c

onst

itutio

nal r

equi

rem

ents

to re

gist

er,

verif

y, a

nd p

ublis

h as

sets

of g

over

nmen

t of

ficia

ls

i.

Anti-

corr

uptio

n la

w re

quire

s the

regi

stra

tion,

ve

rific

atio

n an

d pu

blic

atio

n of

the

asse

ts o

f m

embe

rs o

f the

Nat

iona

l Ass

embl

y,

mem

bers

of p

rovi

ncia

l and

dist

rict c

ounc

ils ,

depu

ty m

inist

ers,

head

s of i

ndep

ende

nt

com

miss

ions

and

dire

ctor

ates

, am

bass

ador

s,

gove

rnor

s, ju

dges

, Offi

cers

of A

fgha

n N

atio

nal A

rmy

and

Polic

e, D

istric

t Ad

min

istra

tors

, Pro

secu

tors

, offi

cial

s w

orki

ng in

seco

nd a

nd h

ighe

r gra

des a

nd

offic

ials

wor

king

in fi

nanc

e, a

ccou

ntin

g an

d pr

ocur

emen

t sec

tions

with

in 3

0 da

ys p

rior t

o oc

cupa

tion

of th

eir p

ositi

ons a

nd a

nnua

lly.

(15

Dec.

201

3) -

The

draf

t Ant

i-Cor

rupt

ion

law

pre

pare

d by

HO

O in

con

sulta

tion

with

ke

y go

vern

men

t sta

keho

lder

s is a

ligne

d w

ith

cons

titut

iona

l req

uire

men

ts a

nd h

as b

een

scru

tinize

d by

the

MO

J, ap

prov

ed b

y th

e co

unci

l of m

inist

ers a

nd su

bmitt

ed to

the

Nat

iona

l Ass

embl

y; it

has

, how

ever

, not

be

en a

ppro

ved

yet.

i.

Term

s, su

ch a

s ste

alin

g of

doc

umen

ts;

unau

thor

ized

dest

ruct

ion

of o

ffici

al re

cord

s;

exce

edin

g th

e lim

its o

f leg

al sc

ope

of

auth

ority

; ille

gal i

ncre

ase

in a

sset

s; im

pedi

ng

the

impl

emen

tatio

n of

just

ice;

invo

lvin

g et

hnic

, reg

iona

l, re

ligio

us, p

arty

, gen

der a

nd

pers

onal

con

sider

atio

n in

per

form

ing

entr

uste

d du

ties;

and

act

ing

or re

fusin

g to

ac

t in

vio

latio

n of

the

anti-

adm

inist

rativ

e co

rrup

tion

stra

tegy

, cle

arly

def

ined

and

cr

imin

alize

d un

der p

enal

cod

e

(15

Dec.

201

3) -

Corr

upt a

cts a

re n

ot d

efin

ed

in d

raft

amen

ded

Anti-

Cor

rupt

ion

Law

but

m

ost o

f the

m re

ferr

ed to

par

ticul

ar c

hapt

ers

and

prov

ision

s of t

he C

rimin

al L

aw a

nd A

nti-

Mon

ey la

unde

ring

law

.

ii.Te

rms d

escr

ibin

g co

rrup

t act

s tha

t hav

e pr

evio

usly

not

bee

n de

fined

, cle

arly

def

ined

an

d cr

imin

alize

d un

der p

enal

cod

e

i.

Anti-

Corr

uptio

n La

w in

clud

es c

rimin

al

pena

lties

pro

visio

ns fo

r all

defin

ed a

cts o

f co

rrup

tion,

and

exi

stin

g pe

nalti

es a

re

enha

nced

(15

Dec.

201

3) -

The

draf

t am

ende

d An

ti-co

rrup

tion

law

doe

s not

con

tain

pen

altie

s an

d ad

min

istra

tive

sanc

tions

ii.

Adm

inist

rativ

e sa

nctio

ns (o

ffici

al w

arni

ngs,

fines

, dem

otio

n, a

nd d

ismiss

al) s

et fo

r of

ficia

ls w

ho d

o no

t com

ply

with

the

Anti-

Corr

uptio

n La

w o

r who

hav

e be

en fo

und

to

have

eng

aged

in c

orru

pt a

ctiv

ities

(15

Dec.

201

3) -

The

draf

t am

ende

d An

ti-co

rrup

tion

law

doe

s not

con

tain

pen

altie

s an

d ad

min

istra

tive

sanc

tions

a.En

actm

ent o

f an

Acce

ss to

Info

rmat

ion

Law

pr

ovid

ing

broa

d ac

cess

to in

form

atio

n co

nsist

ent w

ith th

e Af

ghan

Con

stitu

tion

i.

Law

requ

ires s

tate

dep

artm

ents

to g

rant

the

citiz

ens o

f Afg

hani

stan

acc

ess t

o in

form

atio

n w

ithou

t lim

it ex

cept

whe

n ha

rmin

g rig

hts o

f ot

hers

as w

ell a

s pub

lic se

curit

y

(15

Dec.

201

3) -

The

draf

t Acc

ess t

o In

form

atio

n La

w p

rovi

des b

road

acc

ess t

o in

form

atio

n fo

r the

citi

zens

of A

fgha

nist

an

but t

he d

raft

law

still

nee

ds to

be

proc

esse

d

(pas

sed

by th

e co

unci

l of m

inist

ers,

ap

prov

ed b

y th

e N

atio

nal A

ssem

bly,

en

dors

ed b

y th

e pr

esid

ents

, pro

mul

gate

d in

th

e of

ficia

l gaz

ette

and

ena

cted

.)

b.Ty

pes o

f Cor

rupt

ion

is cl

early

def

ined

in

legi

slatio

n

GO

VERN

MEN

T-W

IDE

APPR

OAC

H TO

AN

TI-C

ORR

UPT

ION

1.

c.Su

ffici

ent p

enal

ties a

nd a

dmin

istra

tive

sanc

tions

for t

hose

con

vict

ed o

f cor

rupt

act

s

Indi

cato

rTa

rget

Out

com

e

Effe

ctiv

e an

ti-co

rrup

tion

fram

ewor

k se

t-out

in

legi

slatio

n


b.De

velo

pmen

t of a

cces

s to

info

rmat

ion

legi

slatio

n w

ith p

artic

ipat

ion

from

rele

vant

go

vern

men

t and

civ

il so

ciet

y st

akeh

olde

rsi.

Draf

t Acc

ess t

o In

form

atio

n La

w su

ppor

ted

by

bro

ades

t pos

sible

gro

up o

f sta

keho

lder

s in

clud

ing

civi

l soc

ity, m

edia

, MO

IC, M

OJ,

MO

F, M

OEC

, MO

CIT,

MO

I, AG

O,

Inde

pend

ent H

uman

Rig

hts C

omm

issio

n an

d N

DS

(15

Dec.

201

3) -

GIRO

A (M

OIC

, MO

J, M

OF,

M

OEC

, MO

ICT,

MO

I, AG

O,

Inde

pend

ent

Hum

an R

ight

s Com

miss

ion,

NDS

) in

clo

se

cons

ulta

tion

with

CSO

s (AI

WA,

NAI

and

O

rgan

isatio

n of

Rep

rote

rs) d

rafte

d th

e Ac

cess

to in

form

atio

n la

w.

c.Ap

prop

riate

tim

elin

es fo

r the

pro

cess

ing

of

requ

ests

and

pro

visio

n of

info

rmat

ion

i.

Acce

ss to

Info

rmat

ion

Law

stip

ulat

es

requ

irem

ent f

or re

ques

t to

be p

roce

ssed

in a

tim

ely

man

ner a

nd a

re a

dher

ed to

by

inst

itutio

ns re

ceiv

ing

such

requ

ests

(15

Dec.

201

3) -

The

draf

t acc

ess t

o in

form

atio

n la

w st

ill n

eeds

to b

e pa

ssed

by

the

Coun

cil o

f min

ister

s, a

ppro

ved

by th

e N

atio

nal A

ssem

bly,

end

orse

d by

the

pres

iden

ts a

nd e

nact

ed.

i.Ap

plic

atio

n of

the

Neg

lect

of D

uty

clau

se

unde

r the

Ant

i-Cor

rupt

ion

Law

as a

pen

alty

fo

r non

-com

plia

nce

(15

Dec.

201

3) -

The

draf

t acc

ess t

o in

form

atio

n la

w st

ill n

eeds

to b

e pa

ssed

by

the

Coun

cil o

f min

ister

s, a

ppro

ved

by th

e N

atio

nal A

ssem

bly,

end

orse

d by

the

pres

iden

ts a

nd e

nact

ed.

d.Su

ffici

ent p

enal

ties a

nd sa

nctio

ns fo

r vi

olat

ions

to a

cces

s to

info

rmat

ion

requ

irem

ents

ii.

Legi

slatio

n pr

ovid

es p

enal

ties a

nd

adm

inist

rativ

e sa

nctio

ns (o

ffici

al w

arni

ngs,

fines

, dem

otio

n, d

ismiss

al) f

or o

ffici

als w

ho

do n

ot c

ompl

y w

ith th

e la

ws r

equi

rem

ents

or

enf

orce

it a

ccor

ding

ly

(15

Dec.

201

3) -

Ther

e ar

e no

pen

altie

s and

ad

min

istra

tive

sanc

tions

in th

e dr

aft a

cces

s to

info

rmat

ion

law

e.Ac

cess

ible

and

tran

spar

ent d

isput

e re

solu

tion

mec

hani

sm

i.Es

tabl

ishm

ent o

f a re

pres

enta

tive

com

mitt

ee

for d

isput

e re

solu

tion

and

for t

he

adm

inist

ratio

n of

the

law

(15

Dec.

201

3) -

Base

d on

dra

ft ac

cess

to

info

rmat

ion

law

, a C

omm

issio

n fo

r the

ov

ersig

ht o

f acc

ess t

o in

form

atio

n w

ill b

e es

tabl

ished

with

11

part

icul

ar re

spon

sibili

ties

incl

udin

g de

alin

g w

ith c

ompl

aint

s.

i.Se

lf- a

sses

smen

t con

duct

ed w

ith fu

ll pa

rtic

ipat

ion

of th

e ju

stic

e an

d ju

dici

ary,

SAO

an

d CS

Os c

haire

d by

HO

O

(15

Dec.

201

3) -

Com

mitt

ee fo

r UN

CAC

self-

asse

ssm

ent,

chai

red

by H

OO

, for

med

co

nsist

ing

of re

pres

enta

tives

of S

upre

me

Cour

t, AG

O, S

AO a

nd N

DS, b

ut C

SOs w

as n

ot

part

of t

his c

omm

ittee

(ind

ivid

ual s

elf-

asse

ssm

ent n

ot c

ondu

cted

). Th

e as

sess

men

t un

real

istic

ally

ass

erts

that

Afg

hani

stan

is in

co

mpl

ianc

e w

ith U

NCA

C w

ith re

spec

t to

each

and

eve

ry p

rovi

sion

of th

e Co

nven

tion

that

is a

ddre

ssed

in th

e as

sess

men

t.U

NCA

C se

lf-as

sess

men

ts c

ondu

cted

to a

sses

s cu

rren

t leg

al fr

amew

ork

agai

nst U

NCA

C re

quire

men

tsa.

UN

CAC

requ

irem

ents

fulfi

lled

3.2.Im

plem

enta

tion

of a

n ac

cess

to in

form

atio

n re

gim

e


ii.

UN

CAC

self-

asse

ssm

ent i

nclu

des a

su

bsta

ntiv

e as

sess

men

t of t

he

impl

emen

tatio

n of

mea

sure

s mea

nt to

re

spon

d to

spec

ific

UN

CAC

requ

irem

ent

(15

Dec.

201

3) -

Alth

ough

mos

t of t

he

UN

CAC

requ

irem

ents

are

ens

hrin

ed in

the

Anti-

corr

uptio

n la

w, t

here

are

still

de

ficie

ncie

s in

Afgh

anist

an's

lega

l fra

mew

ork

to b

e id

entif

ied

and

elim

inat

ed.

iii.

Afgh

anist

an U

NCA

C se

lf-as

sess

men

t pu

blish

ed

(15

Dec.

201

3) -

Appo

inte

d Co

mm

ittee

has

pr

epar

ed th

e re

port

and

subm

itted

to th

e U

NCA

C Se

cret

aria

t. A

fgha

nist

an U

NCA

C Se

lf-As

sess

men

t pub

lishe

d an

d an

d it

is av

aila

ble

on th

e U

NCA

C w

ebsit

e.

b.De

velo

pmen

t and

impl

emen

tatio

n of

an

actio

n pl

an to

add

ress

def

icie

ncie

si.

Actio

n pl

an p

rovi

des c

oncr

ete

step

s for

ad

dres

sing

defic

ienc

ies i

dent

ified

in th

e se

lf-as

sess

men

t and

pee

r rev

iew

s, as

wel

l as

mile

ston

es fo

r its

impl

emen

tatio

n

(15

Dec.

201

3) -

Defic

inec

ies a

re n

ot

iden

tifie

d an

d no

t cor

rect

ed

a.En

actm

ent o

f sta

nd-a

lone

leg

islat

ion

for t

he

usur

patio

n of

land

i.Th

e ne

w la

w o

n U

surp

atio

n of

Go

vern

men

tal a

nd N

on–G

over

nmen

tal

Prop

ertie

s ena

cted

and

enf

orce

d ef

fect

ivel

y

(15

Dec.

201

3) -

The

Law

on

Illeg

al

Usu

rpat

ion

of G

over

nmen

tal a

nd

Non

–Gov

ernm

enta

l Pro

pert

ies a

ppro

ved

by

the

Nat

iona

l Ass

embl

y; b

ut u

ncle

ar w

heth

er

enac

ted.

b.Cr

imin

aliza

tion

of la

nd u

surp

atio

ni.

The

act o

f lan

d us

urpa

tion

clea

rly d

efin

ed in

th

e pe

nal c

ode

with

stro

ng p

unish

men

t

(15

Dec.

201

3) -

Land

usu

rpat

ion

crim

inal

ized

in t

he n

ew la

w; b

ut u

ncle

ar

whe

ther

ena

cted

.

i.Ar

azi a

nd M

oI re

fer a

ll ca

ses o

f lan

d us

urpa

tion

to th

e AG

O

ii.

AGO

inve

stig

ates

the

case

s in

a tim

ely

man

ner a

s req

uire

d by

the

law

and

pro

vide

s re

gula

r upd

ates

to d

etec

tion

agen

cies

on

the

prog

ress

of t

heir

inve

stig

atio

n

(15

Dec.

201

3) -

Mai

n la

nd u

surp

ers a

re st

ill

enjo

ying

impu

nity

and

are

not

pro

secu

ted

due

to la

ck o

f law

enf

orce

men

t

iii.

AGO

refe

rs a

ll ca

ses t

o th

e co

urts

for

pros

ecut

ion;

cas

es d

ropp

ed b

y th

e AG

O a

re

docu

men

ted

and

repo

rted

to th

e de

tect

ion

agen

cies

(15

Dec.

201

3) -

AGO

has

not

invi

stig

ated

the

case

s in

a tim

ely

man

ner a

nd h

as n

ot

prov

ided

repo

rts t

o de

tect

ion

agen

cies

iv.

Cour

ts h

ear a

nd d

ecid

e al

l cas

es in

a ti

mel

y m

anne

r as r

equi

red

by th

e la

w

(15

Dec.

201

3) -

Mai

n la

nd u

surp

ers a

re st

ill

enjo

ying

impu

nity

and

are

not

pro

secu

ted

due

to la

ck o

f law

enf

orce

men

t

a.Le

gisla

ted

syst

em fo

r the

repo

rtin

g of

ille

gal

activ

ities

and

cor

rupt

ion

i.W

hist

lebl

ower

s Pro

tect

ion

Law

ena

cted

(1

5De

c.20

13)-

MEC

isw

orki

ngon

draf

ting

aW

hist

lebl

ower

s pro

tect

ion

law

.

b.Le

gisla

tion

deve

lope

d w

ith b

road

co

nsul

tatio

n of

rele

vant

gov

ernm

ent a

nd

civi

l soc

iety

org

aniza

tions

i.

Broa

d co

nsul

atio

n co

nduc

ted

with

full

part

icip

atio

n of

HO

O, M

OI,

NDS

, AGO

, MO

J, M

OIC

and

CSO

s

(15

Dec.

2013

)-M

ECis

wor

king

ondr

aftin

ga

Whi

stle

blow

ers

prot

ectio

nla

wan

dw

illco

nsul

t sta

keho

lder

s as n

eede

d.

c.Pr

otec

tion

for w

hist

lebl

ower

s fro

m a

dver

se

cons

eque

nces

of t

heir

disc

losu

res

i.Le

gisla

tion

incl

udes

pro

visio

ns th

at p

reve

nts

lega

l or o

ther

act

ions

from

bei

ng ta

ken

agai

nst w

hist

lebl

ower

s

(15

Dec.

2013

)-M

ECis

wor

king

ondr

aftin

ga

Whi

stle

blow

ers p

rote

ctio

n la

w.

i.

HO

O le

ads t

he d

evel

opm

ent o

f the

stra

tegy

in

con

sulta

tion

with

MO

I, M

OJ,

AGO

, Su

prem

e Co

urt,

NDS

, rep

rese

ntat

ives

from

ea

ch se

ctor

ial m

inist

ry a

nd C

SOs

(15

Dec.

201

3) -

Wor

king

on

deve

lopi

ng a

go

vern

men

t-wid

e an

ti-co

rrup

tion

stra

tegy

ha

s not

bee

n st

arte

d ye

t.

c.Ef

fect

ive

dete

ctio

n, in

vest

igat

ion,

and

pr

osec

utio

n of

land

usu

rpat

ion

Gove

rnm

ent a

nti-c

orru

ptio

n st

rate

gy a

nd

4. 5.

Effe

ctiv

e id

entif

icat

ion

and

pros

ecut

ion

of

land

usu

rpat

ion

Syst

em fo

r the

repo

rtin

g of

cor

rupt

ion

and

prot

ectio

n of

whi

stle

blow

ers


ii.

UN

CAC

self-

asse

ssm

ent i

nclu

des a

su

bsta

ntiv

e as

sess

men

t of t

he

impl

emen

tatio

n of

mea

sure

s mea

nt to

re

spon

d to

spec

ific

UN

CAC

requ

irem

ent

(15

Dec.

201

3) -

Alth

ough

mos

t of t

he

UN

CAC

requ

irem

ents

are

ens

hrin

ed in

the

Anti-

corr

uptio

n la

w, t

here

are

still

de

ficie

ncie

s in

Afgh

anist

an's

lega

l fra

mew

ork

to b

e id

entif

ied

and

elim

inat

ed.

iii.

Afgh

anist

an U

NCA

C se

lf-as

sess

men

t pu

blish

ed

(15

Dec.

201

3) -

Appo

inte

d Co

mm

ittee

has

pr

epar

ed th

e re

port

and

subm

itted

to th

e U

NCA

C Se

cret

aria

t. A

fgha

nist

an U

NCA

C Se

lf-As

sess

men

t pub

lishe

d an

d an

d it

is av

aila

ble

on th

e U

NCA

C w

ebsit

e.

b.De

velo

pmen

t and

impl

emen

tatio

n of

an

actio

n pl

an to

add

ress

def

icie

ncie

si.

Actio

n pl

an p

rovi

des c

oncr

ete

step

s for

ad

dres

sing

defic

ienc

ies i

dent

ified

in th

e se

lf-as

sess

men

t and

pee

r rev

iew

s, as

wel

l as

mile

ston

es fo

r its

impl

emen

tatio

n

(15

Dec.

201

3) -

Defic

inec

ies a

re n

ot

iden

tifie

d an

d no

t cor

rect

ed

a.En

actm

ent o

f sta

nd-a

lone

leg

islat

ion

for t

he

usur

patio

n of

land

i.Th

e ne

w la

w o

n U

surp

atio

n of

Go

vern

men

tal a

nd N

on–G

over

nmen

tal

Prop

ertie

s ena

cted

and

enf

orce

d ef

fect

ivel

y

(15

Dec.

201

3) -

The

Law

on

Illeg

al

Usu

rpat

ion

of G

over

nmen

tal a

nd

Non

–Gov

ernm

enta

l Pro

pert

ies a

ppro

ved

by

the

Nat

iona

l Ass

embl

y; b

ut u

ncle

ar w

heth

er

enac

ted.

b.Cr

imin

aliza

tion

of la

nd u

surp

atio

ni.

The

act o

f lan

d us

urpa

tion

clea

rly d

efin

ed in

th

e pe

nal c

ode

with

stro

ng p

unish

men

t

(15

Dec.

201

3) -

Land

usu

rpat

ion

crim

inal

ized

in t

he n

ew la

w; b

ut u

ncle

ar

whe

ther

ena

cted

.

i.Ar

azi a

nd M

oI re

fer a

ll ca

ses o

f lan

d us

urpa

tion

to th

e AG

O

ii.

AGO

inve

stig

ates

the

case

s in

a tim

ely

man

ner a

s req

uire

d by

the

law

and

pro

vide

s re

gula

r upd

ates

to d

etec

tion

agen

cies

on

the

prog

ress

of t

heir

inve

stig

atio

n

(15

Dec.

201

3) -

Mai

n la

nd u

surp

ers a

re st

ill

enjo

ying

impu

nity

and

are

not

pro

secu

ted

due

to la

ck o

f law

enf

orce

men

t

iii.

AGO

refe

rs a

ll ca

ses t

o th

e co

urts

for

pros

ecut

ion;

cas

es d

ropp

ed b

y th

e AG

O a

re

docu

men

ted

and

repo

rted

to th

e de

tect

ion

agen

cies

(15

Dec.

201

3) -

AGO

has

not

invi

stig

ated

the

case

s in

a tim

ely

man

ner a

nd h

as n

ot

prov

ided

repo

rts t

o de

tect

ion

agen

cies

iv.

Cour

ts h

ear a

nd d

ecid

e al

l cas

es in

a ti

mel

y m

anne

r as r

equi

red

by th

e la

w

(15

Dec.

201

3) -

Mai

n la

nd u

surp

ers a

re st

ill

enjo

ying

impu

nity

and

are

not

pro

secu

ted

due

to la

ck o

f law

enf

orce

men

t

a.Le

gisla

ted

syst

em fo

r the

repo

rtin

g of

ille

gal

activ

ities

and

cor

rupt

ion

i.W

hist

lebl

ower

s Pro

tect

ion

Law

ena

cted

(1

5De

c.20

13)-

MEC

isw

orki

ngon

draf

ting

aW

hist

lebl

ower

s pro

tect

ion

law

.

b.Le

gisla

tion

deve

lope

d w

ith b

road

co

nsul

tatio

n of

rele

vant

gov

ernm

ent a

nd

civi

l soc

iety

org

aniza

tions

i.

Broa

d co

nsul

atio

n co

nduc

ted

with

full

part

icip

atio

n of

HO

O, M

OI,

NDS

, AGO

, MO

J, M

OIC

and

CSO

s

(15

Dec.

2013

)-M

ECis

wor

king

ondr

aftin

ga

Whi

stle

blow

ers

prot

ectio

nla

wan

dw

illco

nsul

t sta

keho

lder

s as n

eede

d.

c.Pr

otec

tion

for w

hist

lebl

ower

s fro

m a

dver

se

cons

eque

nces

of t

heir

disc

losu

res

i.Le

gisla

tion

incl

udes

pro

visio

ns th

at p

reve

nts

lega

l or o

ther

act

ions

from

bei

ng ta

ken

agai

nst w

hist

lebl

ower

s

(15

Dec.

2013

)-M

ECis

wor

king

ondr

aftin

ga

Whi

stle

blow

ers p

rote

ctio

n la

w.

i.

HO

O le

ads t

he d

evel

opm

ent o

f the

stra

tegy

in

con

sulta

tion

with

MO

I, M

OJ,

AGO

, Su

prem

e Co

urt,

NDS

, rep

rese

ntat

ives

from

ea

ch se

ctor

ial m

inist

ry a

nd C

SOs

(15

Dec.

201

3) -

Wor

king

on

deve

lopi

ng a

go

vern

men

t-wid

e an

ti-co

rrup

tion

stra

tegy

ha

s not

bee

n st

arte

d ye

t.

c.Ef

fect

ive

dete

ctio

n, in

vest

igat

ion,

and

pr

osec

utio

n of

land

usu

rpat

ion

Gove

rnm

ent a

nti-c

orru

ptio

n st

rate

gy a

nd

4. 5.

Effe

ctiv

e id

entif

icat

ion

and

pros

ecut

ion

of

land

usu

rpat

ion

Syst

em fo

r the

repo

rtin

g of

cor

rupt

ion

and

prot

ectio

n of

whi

stle

blow

ers

ii.N

ew a

nti-c

orru

ptio

n st

rate

gy d

evel

oped

with

du

e co

nsid

erat

ion

give

n to

the

cont

ents

of

the

prev

ious

ant

i-cor

rupt

ion

stra

tegy

iii.

New

ant

i-cor

rupt

ion

stra

tegy

app

rove

d by

th

e co

unci

l of m

inist

ers

(15

Dec.

201

3) -

Wor

king

on

deve

lopi

ng a

go

vern

men

t-wid

e an

ti-co

rrup

tion

stra

tegy

ha

s not

bee

n st

arte

d ye

t.

b.Aw

aren

ess o

f ant

i-cor

rupt

ion

oblig

atio

ns a

nd

resp

onsib

ilitie

s acr

oss g

over

nmen

ti.

HOO

impl

emen

ts re

gula

r aw

aren

ess

trai

ning

s for

all

gove

rnm

ent i

nstit

utio

ns,

circ

ulat

es th

e ha

rd a

nd so

ft co

pies

of t

he

stra

tegy

to th

e re

leva

nt in

stitu

tions

all

over

th

e co

untr

y, a

nd in

trod

uces

foca

l poi

nts f

or

any

ques

tions

(15

Dec.

201

3) -

Wor

king

on

deve

lopi

ng a

ne

w g

over

nmen

t-wid

e an

ti-co

rrup

tion

stra

tegy

has

not

bee

n st

arte

d ye

t.

i.

All g

over

nmen

t ins

titut

ions

hav

e an

ant

i-co

rrup

tion

body

with

cle

ar T

erm

s of

Refe

renc

e, re

gula

r mee

tings

, cle

ar p

riorit

ies

and

a m

echa

nism

for r

epor

ting

on a

ctiv

ities

an

d re

sults

to th

e HO

O a

nd li

ne m

inist

ries

(15

Dec.

201

3) -

Wor

king

on

deve

lopi

ng a

ne

w g

over

nmen

t-wid

e an

ti-co

rrup

tion

stra

tegy

has

not

bee

n st

arte

d ye

t.

ii.

HOO

des

igna

tes f

ocal

poi

nts f

or e

ach

gove

rnm

ent m

inist

ry/in

stitu

tion

to p

rovi

de

supp

ort a

nd te

chni

cal a

ssist

ance

to th

e m

inist

ry/in

stitu

tion

in th

e im

plem

enta

tion

of

the

stra

tegy

i.HO

O in

con

sulta

tion

with

IARC

SC id

entif

ies

prio

ritie

s in

gove

rnm

ent s

ervi

ces f

or V

CAs

(15

Dec.

201

3) -

Prev

ious

ly H

OO

has

co

nduc

ted

a nu

mbe

r VCA

s with

in T

raffi

c De

part

men

t and

as a

resu

lt si

mpl

ified

the

pr

oces

s of

Jaw

az e

Sai

r and

the

VCA

on

Co

mm

erci

al B

uild

ings

Per

mits

with

in K

abul

m

unic

ipal

ity.

MEC

has

also

con

duct

ed 5

diff

eren

t VCA

s w

ithin

Civ

il se

rvic

e co

mm

issio

n, M

inist

ry o

f Hi

gher

Edu

catio

n, M

inist

ry o

f Ref

ugee

s and

M

inist

ry o

f Lab

or a

nd S

ocia

l Affa

irs

ii.VC

As c

ondu

cted

by

HOO

on

the

basis

of

prio

ritie

s ide

ntifi

ed

i.

HOO

exp

ands

the

orga

niza

tiona

l str

uctu

re o

f th

e As

set R

egist

ratio

n an

d De

clar

atio

n De

part

men

t to

ensu

re su

ffici

ent r

esou

rces

to

mee

t the

ir le

gal o

blig

atio

ns

(15

Dec.

201

3) -

No

prog

ress

in th

is re

gard

d.Vu

lner

abili

ty to

cor

rupt

ion

asse

ssm

ents

co

nduc

ted

in im

port

ant g

over

nmen

t ser

vice

s

a.

polic

ies d

evel

oped

with

bro

ad c

onsu

ltatio

n in

con

sider

atio

n w

ith e

xist

ing

Anti-

Corr

uptio

n St

rate

gy

c.Fu

nctio

nal g

over

nanc

e st

ruct

ures

to

ensu

re

effe

ctiv

e im

plem

enta

tion

and

mon

itorin

g of

an

ti-co

rrup

tion

stra

tegi

es a

nd p

olic

ies

6.Go

vern

men

t-wid

e an

ti-co

rrup

tion

stra

tegy

an

d po

licie

s


ii.

HOO

dev

elop

s and

impl

emen

ts a

re

crui

tmen

t str

ateg

y ba

sed

on m

erit

and

open

com

petit

ion

to h

ire in

divi

dual

s with

re

leva

nt e

duca

tion

and

suffi

cien

t exp

erie

nce

(15

Dec.

201

3) -

The

stra

tegy

has

not

bee

n de

velo

ped

yet

iii.

Trai

ning

s pro

vide

d to

enh

ance

the

capa

city

of

the

curr

ent a

nd fu

ture

staf

f of t

he A

sset

Re

gist

ratio

n an

d De

clar

atio

n de

part

men

t (1

5 De

c. 2

013)

- N

o pr

ogre

ss in

this

rega

rd

i.

HOO

sign

s MoU

s with

rele

vant

gov

ernm

ent

inst

itutio

ns in

clud

ing

AGO

, Mak

hzan

(S

upre

me

Cour

t) , F

INTR

ACA

(DAD

), M

ajor

Cr

ime

Task

For

ce (M

OI),

Ant

i-Cor

rupt

ion

Uni

t (M

OI),

Inte

rpol

Afg

hani

stan

(MO

I), N

DS,

Regi

stra

tion

Depa

rtm

ent o

f Pro

pert

ies

(Mun

icip

aliti

es),

Depa

rtm

ent o

f Pro

pert

ies

(MAI

L),

MO

FA, D

epar

tmen

t of t

he

Gove

rnm

ent C

ases

(MO

J), A

ISA,

De

part

men

ts o

f Tax

es (M

OF)

, Dep

artm

ent o

f th

e Sa

larie

s (M

oF),

Depa

rtm

ent o

f pub

lic

Proc

urem

ent (

MoF

) and

Dep

artm

ent o

f Co

ntra

cts (

MO

F)

(15

Dec.

201

3) -

HOO

iden

tifie

d 14

in

stitu

tions

/org

s as i

mpo

rtan

t sta

keho

lder

s in

Ass

et re

gist

ratio

n an

d ve

rific

atio

n bu

t has

no

t sig

ned

MoU

s with

the

m.

A ne

w M

oU in

re

gard

to A

sset

Reg

istra

tion

and

Verif

icat

ion

has b

een

draf

ted

by H

OO

to b

e sig

ned

betw

een

HOO

, Sup

rem

e Co

urt,

MoI

, NDS

, an

d AG

O b

ut h

as n

ot b

een

signe

d ye

t.

ii.

HOO

est

ablis

hes a

nd im

plem

ents

a

mec

hani

sm fo

r reg

ular

coo

rdin

atio

n m

eetin

gs a

mon

gst a

genc

ies r

elev

ant t

o As

set

Regi

stra

tion,

Ver

ifica

tion

and

Decl

arat

ion.

(15

Dec.

201

3) -

The

mec

hnism

has

not

bee

n es

tabl

ished

yet

.

i.

HOO

regi

ster

s and

pub

lishe

s the

ass

ets

of

the

pres

iden

t, vi

ce p

resid

ents

, min

ister

s, m

embe

rs o

f the

Sup

rem

e Co

urt a

s wel

l as

the

Atto

rney

Gen

eral

with

in o

ne m

onth

of

thei

r app

oint

men

t and

ver

ifies

the

asse

ts

with

in 3

mon

ths o

f the

ir ap

poin

tmen

t

(15

Dec.

201

3) -

Abou

t 700

0 of

ficia

ls' a

sset

re

gist

ered

but

the

publ

icat

ion

of th

e as

sets

ba

sed

on c

onst

ituio

nal r

equi

rem

ent h

as

been

sym

bolic

ii.

HOO

regi

ster

s and

wid

ely

publ

ishes

(in

elec

tron

ic a

nd p

rint m

edia

) the

ass

ets

of th

e m

embe

rs o

f the

Nat

iona

l Ass

embl

y,

mem

bers

of p

rovi

ncia

l and

dist

rict c

ounc

ils ,

depu

ty m

inist

ers,

head

s of i

ndep

ende

nt

com

miss

ions

and

dire

ctor

ates

, am

bass

ador

s, go

vern

ors,

judg

es, O

ffice

rs o

f the

Afg

han

Nat

iona

l Arm

y an

d Po

lice,

Dist

rict

Adm

inist

rato

rs, P

rose

cuto

rs, o

ffici

als

wor

king

in se

cond

and

hig

her g

rade

s and

of

ficia

ls w

orki

ng in

fina

nce,

acc

ount

ing

and

proc

urem

ent s

ectio

ns w

ithin

one

mon

th o

f th

eir a

ppoi

ntm

ent a

nd v

erifi

es th

e as

sets

w

ithin

3 m

onth

s of t

heir

appo

intm

ent a

s w

ell a

s ann

ually

ther

eafte

r

(15

Dec.

201

3) -

Abou

t 700

0 of

ficia

ls' a

sset

re

gist

ered

but

the

publ

icat

ion

of th

e as

sets

ba

sed

on c

onst

ituio

nal r

equi

rem

ent h

as

been

sym

bolic

a.St

reng

then

ed c

apac

ity o

f the

Hig

h O

ffice

of

Ove

rsig

ht A

sset

Reg

istra

tion

and

Decl

arat

ion

Depa

rtm

ent

b. c.Re

gist

ratio

n, p

ublic

atio

n an

d ve

rific

atio

n of

as

sets

requ

ired

by th

e Co

nstit

utio

n an

d la

ws

of A

fgha

nist

an

Coop

erat

ion

amon

gst a

genc

ies n

eces

sary

for

the

verif

icat

ion

of a

sset

s

7.Ef

fect

ive

regi

stra

tion

and

verif

icat

ion

of

gove

rnm

ent o

ffici

als’

asse

ts


iii.

HO

Ove

rifie

sth

eas

sets

ofre

gist

ered

offic

ials

with

inon

em

onth

afte

rth

eir

term

sof

offic

een

d(1

5 De

c. 2

013)

- N

ot h

appe

ned

yet

i.

HOO

iden

tifie

s all

indi

vidu

als w

ho fa

il to

re

gist

er a

sset

s, m

ake

false

dec

lara

tions

or

are

foun

d to

hav

e ob

tain

ed il

lega

l ass

ets a

nd

refe

rs th

e ca

ses t

o th

e AG

O fo

r pro

secu

tion

(15

Dec.

201

3) -

Lega

l pro

visio

ns in

rega

rd to

ve

rific

atio

n of

the

asse

ts o

f gov

erne

men

t of

ficia

ls ha

ve n

ot b

een

enfo

rced

and

the

illic

it en

richm

ent c

ases

are

not

refe

red

to

AGO

ii.

AGO

inve

stig

ates

the

case

s in

a tim

ely

man

ner a

s req

uire

d by

the

law

and

pro

vide

s re

gula

r upd

ates

to th

e HO

O o

n th

e pr

ogre

ss

of th

eir i

nves

tigat

ion

iii.

AGO

refe

rs a

ll ca

ses t

o th

e co

urts

for

pros

ecut

ion;

cas

es d

ropp

ed b

y th

e AG

O a

re

docu

men

ted

and

repo

rted

to th

e HO

O

iv.

Cour

ts h

ear a

nd d

ecid

e al

l cas

es in

a ti

mel

y m

anne

r as r

equi

red

by th

e la

w

i.

Adm

inist

rativ

e sa

nctio

ns (o

ffici

al w

arni

ngs,

fines

, dem

otio

n, a

nd d

ismiss

al) s

et fo

r sta

ff m

embe

rs w

ho h

elp

indi

vidu

als a

void

the

regi

stra

tion

of th

eir a

sset

s in

any

way

ii.

Case

s of H

OO

staf

f mem

bers

aid

ing

and

abet

ting

indi

vidu

als i

n av

oidi

ng th

e re

gist

ratio

n of

thei

r ass

ets r

epor

ted

to th

e AG

O fo

r fur

ther

inve

stig

atio

n an

d pr

osec

utio

n de

pend

ing

on th

e se

verit

y of

the

case

e.

Pros

ecut

ion

of a

nd/o

r disc

iplin

ary

mea

sure

s ag

ains

t HO

O st

aff m

embe

rs w

ho k

now

ingl

y ai

d in

divi

dual

s in

avoi

ding

regi

ster

ing

asse

ts

and

mak

ing

false

dec

lara

tions

d.

Pros

ecut

ion

of in

divi

dual

s who

fail

to re

gist

er

asse

ts, w

ho m

ake

false

dec

lara

tions

, or w

ho

have

bee

n fo

und

to h

ave

obta

ined

ass

ets

illeg

ally


Base

line

Stat

us

i.Te

rms o

f ref

eren

ce p

rovi

ding

for

coor

dina

tion

mec

hani

sm d

evel

oped

and

ap

prov

ed.

(15

Dec.

201

3) -

The

wor

king

gro

up o

f maj

or

dono

rs e

stab

lishe

d an

d Th

e “A

nti-C

orru

ptio

n Sm

all G

roup

”, c

haire

d by

the

UK

(DFI

D),

appr

oved

its

term

s of r

efer

ence

on

30

Janu

ary

2013

ii.Re

gula

r mee

tings

are

hel

d w

ith p

artic

ipat

ion

of U

SA (U

SAID

), U

nite

d Ki

ngdo

m (D

IFID

), EU

, Ge

rman

y, Ja

pan,

Indi

a, IS

AF a

nd U

NAM

A.

(15

Dec.

201

3) -

The

wor

king

gro

up

conv

enes

its m

eetin

gs re

gula

rly o

n m

onth

ly

basis

or a

s nee

ded

to d

epen

ding

on

inte

rnat

iona

l coo

rdin

atio

n at

pol

icy

and

prog

ram

leve

l on

anti-

corr

uptio

n in

Af

ghan

istan

.

iii.

Anti-

corr

uptio

n pr

ogra

mm

ing

and

activ

ities

ar

e im

plem

ente

d w

ith c

onsid

erat

ion

of o

ther

in

itiat

ives

und

erta

ken

by d

onor

s

a.Do

nor f

unde

d pr

ogra

ms a

nd p

roje

cts c

lear

ly

tied

to g

over

nmen

t prio

ritie

si.

Dono

rs re

port

ing

on th

eir a

lignm

ent w

ith

NPP

s cle

arly

set o

ut th

e lin

k be

twee

n th

eir

fund

ing

and

NPP

act

iviti

es

b.Co

ordi

natio

n w

ith re

leva

nt g

over

nmen

t ag

enci

es in

the

desig

n an

d im

plem

enta

tion

of p

roje

cts a

nd p

rogr

ams

i.Do

nors

con

sult

with

line

min

istrie

s and

pr

ovin

cial

aut

horit

ies i

n pr

ogra

m a

nd p

roje

ct

iden

tific

atio

n, d

esig

n, a

nd im

plem

enta

tion

c.

Proc

urem

ent p

ract

ices

of i

nter

natio

nal

stak

ehol

ders

in A

fgha

nist

an a

re c

onsis

tent

w

ith A

fgha

n Pr

ocur

emen

t Law

rest

rictio

ns

on su

b-co

ntra

ctin

g

i.Do

nors

rest

rict s

ub c

ontr

actin

g to

no

mor

e th

an 2

0 pe

rcen

t of t

he v

alue

of t

he m

ain

cont

ract

(15

Dec.

201

3) -

Ther

e is

no in

itiat

ive

from

Sh

afaf

iyat

to a

lign

thei

r pro

cure

men

t pr

actic

es w

ith th

e Af

ghan

pro

cure

men

t law

.

i.

Key

dono

rs, n

amel

y U

SA (U

SAID

), U

nite

d Ki

ngdo

m (D

IFID

), EU

, Ger

man

y, Ja

pan

Indi

a,

and

ISAF

coo

pera

te w

ith M

EC in

the

revi

ew

of se

lect

don

or im

plem

ente

d pr

ojec

ts

(19

Mar

. 201

4) -

MEC

is w

orki

ng o

n a

repo

rt

on a

id e

ffect

iven

ess c

over

ing

both

off

and

on

budg

et p

roje

cts,

but

it is

not

com

plet

ed a

nd

publ

ished

yet

.

ii.Do

nors

effe

ctiv

ely

impl

emen

t bes

t pra

ctic

es

and

less

ons l

earn

ed fr

om M

EC's

asse

ssm

ent

of d

onor

impl

emen

ted

aid

proj

ects

i.Al

l don

ors r

egist

er a

ll th

eir p

roje

cts i

n DA

D of

MO

F

(15

Dec.

201

3) -

Dono

r Ass

istan

ce D

atab

ase

(DAD

) est

ablis

hed

by M

oF w

hich

is id

entif

ied

as th

e ce

ntra

l (an

d of

ficia

l) ai

d in

form

atio

n-m

anag

emen

t sys

tem

and

an

effe

ctiv

e to

ol

for a

id a

ccou

ntin

g an

d re

port

ing

in

Afgh

anist

an.

ii.Do

nors

pub

lish

key

info

rmat

ion

of th

eir

proj

ects

, inc

ludi

ng p

roje

ct n

ame,

par

tner

s, co

st, s

tatu

s, a

nd lo

catio

n, o

n th

eir w

ebsit

es

i.

Dono

rs d

evel

op m

onito

ring

and

eval

uatio

n po

licie

s tha

t tak

e in

to a

ccou

nt

envi

ronm

enta

l fac

tors

uni

que

to A

fgha

nist

an

incl

udin

g la

ck o

f the

secu

rity

and

rem

oten

ess

(15

Dec.

201

3) -

Ther

e is

no n

atio

nwid

e m

onito

ring

and

eval

uatio

n m

echa

nism

w

ithin

the

gove

rnm

ent o

f Afg

hani

stan

but

es

tabl

ishin

g DA

D co

uld

be th

e fir

st st

ep

take

n in

this

rega

rd.

Appr

opria

te m

onito

ring

and

eval

uatio

n m

echa

nism

s dev

elop

ed a

nd im

plem

ente

d

a.Al

l dev

elop

men

t pro

ject

s fun

ded

in

Afgh

anist

an a

re re

gist

ered

with

the

Afgh

an

gove

rnm

ent a

nd p

ublis

hed

9.

INTE

RNAT

ION

AL C

OM

MU

NIT

Y AN

TI-C

ORR

UPT

ON

EFF

ORT

SIn

dica

tor

Targ

et

8.a.

A w

orki

ng g

roup

of m

ajor

don

ors

enga

ged

in a

nti-c

orru

ptio

n pr

ogra

mm

ing

esta

blish

ed

and

mee

ting

regu

larly

Out

com

e

Coor

dina

tion

of in

tern

atio

nal c

omm

unity

an

ti-co

rrup

tion

effo

rts

Effe

ctiv

e im

plem

enta

tion

of d

evel

opm

ent

aid

d.

Com

para

tive

asse

ssm

ent o

f the

effe

ctiv

enes

s of

on-

and

off-

budg

et fu

nded

pro

ject

s co

nduc

ted

and

less

ons l

earn

ed a

pplie

d to

fu

ture

fund

ing


ii.

ISAF

dev

elop

s and

impl

emen

ts a

n ap

prop

riate

stra

tegy

for m

onito

ring

secu

rity

sect

or fu

ndin

g co

mm

itted

to a

t the

Chi

cago

Co

nfer

ence

that

incl

udes

iden

tific

atio

n,

inve

stig

atio

n an

d pr

osec

utio

n of

m

isapp

ropr

iatio

n

i.Do

nors

regu

larly

revi

ew th

e pr

ogra

ms a

nd

proj

ects

they

fund

and

repo

rt il

lega

l ac

tiviti

es to

the

prop

er A

fgha

n au

thor

ities

ii.U

NHC

R fo

rens

ic a

udit

com

plet

ed a

nd

iden

tifie

d cr

imin

al c

ondu

ct re

ferr

ed to

re

spon

sible

aut

horit

ies

(15

Dec.

201

3) -

The

fore

nsic

aud

it w

as

com

plet

ed b

y U

N in

spec

tor G

ener

al O

ffice

bu

t the

repo

rt h

as n

ot b

een

publ

ished

in it

s w

ebsit

e so

far.

iii.

Conc

lusio

n of

inte

rnal

LO

TFA

inte

grity

aud

it an

d re

ferr

al o

f crim

inal

con

duct

to

resp

onsib

le a

utho

ritie

s

(15

Dec.

201

3) -

The

inte

rnal

inve

stig

atio

ns

have

not

yet

con

clud

ed

d.M

onito

ring

and

eval

uatio

n re

sults

pub

licly

re

port

ed

i.Al

l mon

itorin

g an

d ev

alua

tion

repo

rts

publ

ished

on

dono

rs w

ebsit

es

a.En

hanc

ed c

apac

ity o

f civ

il so

ciet

y an

d m

edia

i.Do

nors

exp

and

finan

cial

and

tech

nica

l su

ppor

t for

civ

il so

ciet

y an

d m

edia

or

gani

zatio

ns a

t the

loca

l lev

el

(15

Dec.

201

3) -

Ther

e ar

e se

vera

l pro

gram

s be

ing

fund

ed b

y a

varie

ty o

f don

ors.

The

se

incl

ude

stre

ngth

enin

g CS

Os t

o im

plem

ent a

n an

ti-co

rrup

tion

publ

ic in

form

atio

n ca

mpa

ign;

stre

ngth

enin

g CS

Os t

o ad

voca

te

for g

ood

gove

rnan

ce a

nd a

nti-c

orru

ptio

n;

the

crea

tion

of o

rgan

izatio

ns th

at p

rovi

de

supp

ort t

o ci

vil s

ocie

ty to

par

ticip

ate

in a

nti-

corr

uptio

n ef

fort

s; a

nd fu

ndin

g to

incr

ease

th

e pa

rtic

ipat

ion

of C

SOs i

n ad

vanc

ing

the

rule

of l

aw a

nd a

cces

s to

just

ice.

But

the

real

ity is

that

the

amou

nt o

f don

or fu

ndin

g be

ing

spen

t on

anti-

corr

uptio

n ef

fort

s is

smal

l rel

ativ

e to

the

amou

nt o

f ove

rall

aid

bein

g pr

ovid

ed to

Afg

hani

stan

and

the

scop

e of

the

corr

uptio

n pr

oble

m a

nd it

s effe

ct o

n al

l asp

ects

of l

ife in

Afg

hani

stan

.

b.St

reng

then

ed c

omm

unity

mon

itorin

g of

pr

ojec

ts a

nd p

rogr

ams

i.

Dono

rs m

onito

ring

and

eval

uatio

n pl

ans a

nd

prac

tices

inco

rpor

ate

the

enga

gem

ent o

f lo

cal C

SOs a

nd c

omm

unity

gro

ups f

or th

e m

onito

ring

of th

eir p

roje

cts a

nd p

rogr

ams

10.

11.

c.Ca

ses o

f misa

ppro

pria

ted

fund

s inv

estig

ated

an

d re

port

ed to

the

prop

er a

utho

ritie

s

b.

mec

hani

sms d

evel

oped

and

impl

emen

ted

for a

ll fu

nds,

incl

udin

g se

curit

y se

ctor

sp

endi

ngEf

fect

ive

mon

itorin

g an

d ev

alua

tion

of

deve

lopm

ent f

undi

ng

Enha

nced

com

mun

ity m

onito

ring

of d

onor

im

plem

ente

d pr

ojec

ts a

nd p

rogr

ams


Base

line

Stat

us

a.Cl

ear c

ase

man

agem

ent p

roce

dure

s de

velo

ped

and

impl

emen

ted

i.

The

Case

Man

agem

ent S

teer

ing

Com

mitt

ee

deve

lops

pro

cedu

res f

or th

e re

gist

ratio

n of

ca

ses b

y al

l det

ectio

n ag

enci

es, d

epar

tmen

ts

of th

e AG

O a

nd th

e co

urts

.

(15

Dec.

201

3) -

No

proc

edur

e ha

s bee

n de

velo

ped

for r

egist

ratio

n of

cas

es in

any

of

the

just

ice

agen

cies

i.

Expa

nsio

n of

acc

ess t

o th

e AG

O c

ase

man

agem

ent s

yste

m to

all

law

det

ectio

n ag

enci

es, d

epar

tmen

t of t

he A

GO a

nd th

e co

urts

.

(15

Dec.

201

3) -

Onl

y th

e re

pres

enta

tives

of

the

eigh

t jus

tice

inst

itutio

ns h

ave

got a

cces

s to

CM

S, n

ot a

ll de

part

men

ts o

f det

ectio

n an

d in

vest

igat

ion

agen

cies

ii.

Data

base

inco

rpor

ates

all

crim

inal

in

vest

igat

ions

, cha

rges

, and

out

com

es w

ith

uniq

ue id

entif

iers

for c

orru

ptio

n an

d la

nd

usur

patio

n ca

ses d

evel

oped

(15

Dec.

201

3) -

All c

rimin

al in

vest

gatio

ns,

char

ges,

and

out

com

es h

ave

not b

een

inco

rpor

ated

in to

the

data

base

, and

also

, th

ere

is no

dat

abas

e fo

r lan

d us

urpa

tion

case

s so

far

i.

Stee

ring

Com

mitt

ee c

ompr

ised

of A

GO,

Cour

t, M

oI, A

IBA,

MoD

, HO

O, N

DS,

and

MoJ

es

tabl

ished

with

cle

ar te

rms o

f ref

eren

ce fo

r id

entif

ing

case

bac

klog

s, th

e re

ason

s for

de

lays

and

solu

tions

to th

ose

prob

lem

s.

(15

Dec.

201

3) -

A w

orki

ng g

roup

has

bee

n es

tabl

ished

, but

it's

mem

bers

or T

oRs a

re

unkn

own

ii.Th

e st

eerin

g co

mm

ittee

mee

ts re

gula

rly

(15

Dec.

201

3) -

The

CMS

Com

mitt

ee

sche

dule

s the

ir m

eetin

gs e

vey

15 d

ays

d.St

atus

, cau

ses f

or d

elay

, and

reas

ons f

or

drop

ping

cas

es o

f cor

rupt

ion

and

land

us

urpa

tion

refe

rred

to th

e AG

O a

sses

sed

i.

Stee

ring

Com

mitt

ee c

ompi

les s

tatis

tics o

f ca

ses r

efer

red

to th

e AG

O, c

ases

reslo

ved

by

the

AGO

, and

cas

es p

rose

cute

d in

the

cour

ts

with

det

ails

rela

ted

to zo

nes,

type

of o

ffens

e,

leng

th o

f tim

e fo

r pro

ceed

ings

, and

fina

l ou

tcom

e

(15

Dec.

201

3) -

The

case

s sen

t by

just

ice

inst

itutio

ns to

AGO

are

ent

ered

in to

the

CMS

with

all

detia

ls an

d ou

tcom

es. H

owev

er,

ther

e ha

ve b

een

a b

ig n

umbe

r of c

ases

re

ferr

ed fr

om S

AO, H

OO

and

MoI

to A

GO fo

r in

vest

igat

ion

not r

egist

ered

.

i.

AGO

inve

stig

ates

the

case

s in

timel

y m

anne

r an

d pr

ovid

es re

gula

r upd

ates

to d

etec

tion

agen

cies

on

the

prog

ress

of t

heir

inve

stig

atio

n.

(15

Dec.

201

3) -

Case

s hav

e no

t bee

n in

vest

igat

ed in

the

give

n tim

e, a

nd th

e de

tect

ion

agen

cies

hav

e be

en u

pdat

ed o

n th

e pr

ogre

ss o

f inv

estig

atio

n ve

ry ra

rely

.

ii. A

GO in

vest

igat

ion

of a

ll po

tent

ial K

abul

Ba

nk p

erpe

trat

ors,

bene

ficia

ries,

and

part

icip

ants

in th

e fr

aud

(15

Dec.

201

3) -

21 p

eopl

e in

clud

ing

two

mai

n st

akeh

olde

rs in

vest

igat

ed a

nd in

dict

ed

but t

he p

oliti

cally

exp

osed

stak

ehol

ders

hav

e no

t bee

n in

vest

igat

ed. A

lthou

gh, M

EC h

as

reco

mm

ende

d th

at a

ll po

tent

ial s

uspe

cts o

f cr

ime

be in

vest

igat

ed.

i.

Proc

edur

es re

gard

ing

the

hirin

g an

d ap

poin

tmen

t of p

rose

cuto

rs a

re d

evel

oped

in

con

form

ity w

ith th

e Ci

vil S

erva

nts L

aw a

nd

Civi

l Sev

ice

Com

miss

ion

proc

edur

es

(15

Dec.

201

3) -

The

AGO

has

its o

wn

regu

latio

ns st

ipul

atin

g th

e co

nditi

ons f

or

hirin

g pr

osec

utor

s, b

ut it

is n

ot in

con

form

ity

with

the

civi

l ser

vant

law

.A

revi

sed

Law

on

the

Stru

ctur

e an

d Au

thor

ity

of th

e AG

O c

lear

ly se

ttin

g ou

t the

pro

cess

a.Ef

fect

ive

inve

stig

atio

n of

cas

es re

ferr

ed to

th

e AG

O

JUST

ICE

SECT

OR

Indi

cato

rTa

rget

12.

b.Co

mpr

ehen

sive

case

man

agem

ent d

atab

ase

acce

ssib

le b

y re

leva

nt ju

stic

e se

ctor

age

ncie

s im

plem

ente

d

c.

Case

man

agem

ent g

over

nanc

e st

ruct

ures

es

tabl

ished

and

ope

ratio

nal t

o en

hanc

e co

oper

atio

n am

ongs

t law

enf

orce

men

t ag

enci

es

Out

com

e

Effe

ctiv

e an

d co

mpr

ehen

sive

case

m

anag

emen

t


Base

line

Stat

us

a.Cl

ear c

ase

man

agem

ent p

roce

dure

s de

velo

ped

and

impl

emen

ted

i.

The

Case

Man

agem

ent S

teer

ing

Com

mitt

ee

deve

lops

pro

cedu

res f

or th

e re

gist

ratio

n of

ca

ses b

y al

l det

ectio

n ag

enci

es, d

epar

tmen

ts

of th

e AG

O a

nd th

e co

urts

.

(15

Dec.

201

3) -

No

proc

edur

e ha

s bee

n de

velo

ped

for r

egist

ratio

n of

cas

es in

any

of

the

just

ice

agen

cies

i.

Expa

nsio

n of

acc

ess t

o th

e AG

O c

ase

man

agem

ent s

yste

m to

all

law

det

ectio

n ag

enci

es, d

epar

tmen

t of t

he A

GO a

nd th

e co

urts

.

(15

Dec.

201

3) -

Onl

y th

e re

pres

enta

tives

of

the

eigh

t jus

tice

inst

itutio

ns h

ave

got a

cces

s to

CM

S, n

ot a

ll de

part

men

ts o

f det

ectio

n an

d in

vest

igat

ion

agen

cies

ii.

Data

base

inco

rpor

ates

all

crim

inal

in

vest

igat

ions

, cha

rges

, and

out

com

es w

ith

uniq

ue id

entif

iers

for c

orru

ptio

n an

d la

nd

usur

patio

n ca

ses d

evel

oped

(15

Dec.

201

3) -

All c

rimin

al in

vest

gatio

ns,

char

ges,

and

out

com

es h

ave

not b

een

inco

rpor

ated

in to

the

data

base

, and

also

, th

ere

is no

dat

abas

e fo

r lan

d us

urpa

tion

case

s so

far

i.

Stee

ring

Com

mitt

ee c

ompr

ised

of A

GO,

Cour

t, M

oI, A

IBA,

MoD

, HO

O, N

DS,

and

MoJ

es

tabl

ished

with

cle

ar te

rms o

f ref

eren

ce fo

r id

entif

ing

case

bac

klog

s, th

e re

ason

s for

de

lays

and

solu

tions

to th

ose

prob

lem

s.

(15

Dec.

201

3) -

A w

orki

ng g

roup

has

bee

n es

tabl

ished

, but

it's

mem

bers

or T

oRs a

re

unkn

own

ii.Th

e st

eerin

g co

mm

ittee

mee

ts re

gula

rly

(15

Dec.

201

3) -

The

CMS

Com

mitt

ee

sche

dule

s the

ir m

eetin

gs e

vey

15 d

ays

d.St

atus

, cau

ses f

or d

elay

, and

reas

ons f

or

drop

ping

cas

es o

f cor

rupt

ion

and

land

us

urpa

tion

refe

rred

to th

e AG

O a

sses

sed

i.

Stee

ring

Com

mitt

ee c

ompi

les s

tatis

tics o

f ca

ses r

efer

red

to th

e AG

O, c

ases

reslo

ved

by

the

AGO

, and

cas

es p

rose

cute

d in

the

cour

ts

with

det

ails

rela

ted

to zo

nes,

type

of o

ffens

e,

leng

th o

f tim

e fo

r pro

ceed

ings

, and

fina

l ou

tcom

e

(15

Dec.

201

3) -

The

case

s sen

t by

just

ice

inst

itutio

ns to

AGO

are

ent

ered

in to

the

CMS

with

all

detia

ls an

d ou

tcom

es. H

owev

er,

ther

e ha

ve b

een

a b

ig n

umbe

r of c

ases

re

ferr

ed fr

om S

AO, H

OO

and

MoI

to A

GO fo

r in

vest

igat

ion

not r

egist

ered

.

i.

AGO

inve

stig

ates

the

case

s in

timel

y m

anne

r an

d pr

ovid

es re

gula

r upd

ates

to d

etec

tion

agen

cies

on

the

prog

ress

of t

heir

inve

stig

atio

n.

(15

Dec.

201

3) -

Case

s hav

e no

t bee

n in

vest

igat

ed in

the

give

n tim

e, a

nd th

e de

tect

ion

agen

cies

hav

e be

en u

pdat

ed o

n th

e pr

ogre

ss o

f inv

estig

atio

n ve

ry ra

rely

.

ii. A

GO in

vest

igat

ion

of a

ll po

tent

ial K

abul

Ba

nk p

erpe

trat

ors,

bene

ficia

ries,

and

part

icip

ants

in th

e fr

aud

(15

Dec.

201

3) -

21 p

eopl

e in

clud

ing

two

mai

n st

akeh

olde

rs in

vest

igat

ed a

nd in

dict

ed

but t

he p

oliti

cally

exp

osed

stak

ehol

ders

hav

e no

t bee

n in

vest

igat

ed. A

lthou

gh, M

EC h

as

reco

mm

ende

d th

at a

ll po

tent

ial s

uspe

cts o

f cr

ime

be in

vest

igat

ed.

i.

Proc

edur

es re

gard

ing

the

hirin

g an

d ap

poin

tmen

t of p

rose

cuto

rs a

re d

evel

oped

in

con

form

ity w

ith th

e Ci

vil S

erva

nts L

aw a

nd

Civi

l Sev

ice

Com

miss

ion

proc

edur

es

(15

Dec.

201

3) -

The

AGO

has

its o

wn

regu

latio

ns st

ipul

atin

g th

e co

nditi

ons f

or

hirin

g pr

osec

utor

s, b

ut it

is n

ot in

con

form

ity

with

the

civi

l ser

vant

law

.A

revi

sed

Law

on

the

Stru

ctur

e an

d Au

thor

ity

of th

e AG

O c

lear

ly se

ttin

g ou

t the

pro

cess

a.Ef

fect

ive

inve

stig

atio

n of

cas

es re

ferr

ed to

th

e AG

O

JUST

ICE

SECT

OR

Indi

cato

rTa

rget

12.

b.Co

mpr

ehen

sive

case

man

agem

ent d

atab

ase

acce

ssib

le b

y re

leva

nt ju

stic

e se

ctor

age

ncie

s im

plem

ente

d

c.

Case

man

agem

ent g

over

nanc

e st

ruct

ures

es

tabl

ished

and

ope

ratio

nal t

o en

hanc

e co

oper

atio

n am

ongs

t law

enf

orce

men

t ag

enci

es

Out

com

e

Effe

ctiv

e an

d co

mpr

ehen

sive

case

m

anag

emen

t

ii.

All n

ewly

recr

uite

d pr

esec

utor

s are

ass

esse

d ag

ains

t pre

-det

erm

ined

qua

lific

atio

ns

rele

vant

to th

e te

rms o

f ref

eren

ce fo

r the

po

sitio

n th

at th

ey a

re b

eing

con

sider

ed fo

r

(15

Dec.

201

3) -

Ther

e is

no te

rms o

f re

fere

nce

for

the

new

ly re

curit

ed

pros

ecut

ors,

AGO

has

its o

wn

regu

latio

ns

for h

iring

pro

secu

tors

, alth

ough

, it i

s not

in

conf

orm

ity w

ith th

e ci

vil s

erva

nt la

w.

i.Ca

paci

ty o

f cur

rent

com

plim

ent o

f pr

osec

utor

s sys

tmat

cial

ly a

sses

sed

to

inde

ntify

trai

ning

nee

ds

(15

Dec.

201

3) -

AGO

has

rece

ntly

dra

fted

a pl

an w

hich

iden

tifie

s the

trai

ning

nee

ds fo

r pr

osec

utor

s

ii.Ca

paci

ty tr

aini

ng d

evel

oped

and

im

plem

ente

d w

ith th

e su

ppor

t of d

onor

s ba

sed

on th

e as

sess

ed n

eed

(15

Dec.

201

3) -

A lo

t of t

rain

ing

prog

ram

s pr

ovid

ed fo

r pro

secu

tors

by

dono

rs w

ithou

t ta

king

in to

con

sider

atio

n of

AGO

as

sess

men

ts o

r nee

ds w

hich

wer

e no

t co

nsid

erd

effe

ctiv

e so

far.

i.

Term

s of r

efer

ence

for n

ew p

rose

cuto

rs

deve

lope

d in

com

plia

nce

with

the

Uni

ted

Nat

ions

Gui

delin

es o

n th

e Ro

le o

f Pr

osec

utor

s (19

90) a

nd H

andb

ook

on

Prac

tical

Ant

i-Cor

rput

ion

Mea

sure

s for

Pr

osec

utor

s and

Inve

stig

ator

s (20

04) w

here

pr

actic

al

(15

Dec.

201

3) -

Pros

ecut

ors d

o no

t hav

e To

R at

all,

they

still

use

art

icle

19

of th

e ol

d la

w

for t

heir

inve

stig

atio

ns.

ii.

All c

urre

ct te

rms o

f ref

eren

ce e

valu

ated

and

re

vise

d to

ens

ure

conf

orm

ity w

ith U

nite

d N

atio

ns G

uide

lines

on

the

Role

of

Pros

ecut

ors (

1990

) and

Han

dboo

k on

Pr

actic

al A

nti-C

orrp

utio

n M

easu

res f

or

Pros

ecut

ors a

nd In

vest

igat

ors (

2004

) whe

re

prac

tical

(15

Dec.

201

3) -

The

ToR

has n

ot b

een

revi

sed

yet.

They

are

still

usin

g th

e ol

d ve

rsio

n

i.Co

urts

hea

r and

dec

ide

all c

ases

in a

tim

ely

man

ner.

(15

Dec.

201

3) -

Case

s are

not

bei

ng h

eard

in

the

give

n tim

e, a

nd th

e re

leva

nt a

genc

ies

are

upda

ted

on th

e pr

ogre

ss o

f cas

es v

ery

rare

ly.

ii.Co

urt p

roce

edin

gs in

the

Kabu

l Ban

k ca

se to

in

clud

e a

hear

ing

of e

vide

nce

incl

udin

g ex

pert

evi

denc

e

(15

Dec.

201

3) -

No

exp

ert e

vidc

ence

don

e in

Trib

unal

, alth

ough

ther

e ha

s bee

n am

ple

oppo

rtun

ity fo

r the

cou

rt o

f app

eal t

o us

e its

br

oad

scop

e un

der t

he A

fgha

n La

ws a

nd

prop

erly

con

sider

the

volu

me

of e

vide

nce.

i.Ca

paci

ty o

f cur

rent

com

plim

ent o

f jud

icia

l st

aff s

ystm

atci

ally

ass

esse

d to

inde

ntify

tr

aini

ng n

eeds

(15

Dec.

201

3) -

Cour

t dra

fted

a pl

an w

hich

id

entif

ies t

he tr

aini

ng n

eeds

for p

rose

cuto

rs

ii.Ca

paci

ty tr

aini

ng d

evel

oped

and

im

plem

ente

d w

ith th

e su

ppor

t of d

onor

s ba

sed

on th

e as

sess

ed n

eed

(15

Dec.

201

3) -

A lo

t of t

rain

ing

prog

ram

s pr

ovid

ed b

y do

nors

with

out t

akin

g in

to

cons

ider

atio

n of

SC

asse

ssm

ents

or n

eeds

bu

t som

e SC

offi

cial

s see

med

to b

e ha

ppy

with

the

prog

ram

s

i.De

veop

and

impl

emen

t cle

ar p

roce

dure

s for

re

ferr

ing

and

trac

king

judg

emen

ts a

nd

orde

rs

(15

Dec.

201

3) -

No

clea

r rep

ortin

g m

echa

nism

is e

xist

ed o

n en

form

cem

ent o

f de

cisio

ns a

nd o

rder

s, o

nly

ICPC

inde

ntifi

ed

the

proc

ess o

f enf

orm

cent

thro

ugh

AGO

by

MoI

d.De

taile

d te

rms o

f ref

eren

ce fo

r all

pros

ecut

ors c

onsis

tent

with

inte

rnat

iona

l tr

eatie

s and

bes

t pra

ctic

es

b.

of th

e AG

O c

lear

ly se

ttin

g ou

t the

pro

cess

an

d qu

alifi

catio

ns fo

r the

app

oint

men

t of

pros

ecut

ors

c.Co

mpr

ehen

sive

capa

city

bui

ldin

g pr

ogra

m

for p

rose

cuto

rs in

trod

uced

13.

e.Ef

fect

ive

pros

ecut

ion

of c

ases

refe

rred

from

th

e AG

O to

the

cour

ts

f.

Effe

ctiv

e in

vest

igat

ion,

pro

secu

tion

and

enfo

rcem

ent

Com

preh

ensiv

e ju

dici

al c

apac

ity b

uild

ing

prog

ram

s int

rodu

ced


ii.De

velo

p an

d im

plem

ent c

lear

pro

cedu

res f

or

the

refe

rral

of d

elin

quen

t ord

ers t

o th

e co

urts

for f

urth

er p

roce

edin

gs

(15

Dec.

201

3) -

No

clea

r rep

ortin

g m

echa

nism

is e

xist

ed o

n en

form

cem

ent o

f de

cisio

ns a

nd o

rder

s, o

nly

ICPC

inde

ntifi

ed

the

proc

ess o

f enf

orm

cent

thro

ugh

AGO

by

MoI

iii.

Effe

ctiv

e re

cove

ry o

f Kab

ul B

ank

asse

sts,

incl

udin

g m

ore

effe

ctiv

e m

utua

l leg

al

assis

tanc

e m

easu

res

(15

Dec.

201

3) -

Asse

sts a

nd lo

ans h

ave

not

been

reco

vere

d co

mpl

etel

y, a

nd n

o le

gal

mut

ual a

ssist

ance

mad

e in

the

issue

so fa

r.

a.St

anda

rds a

nd p

roce

dure

s for

tran

sfer

ring

crim

inal

cas

es fr

om o

ne p

rovi

nce

to a

noth

er

clar

ified

and

enh

ance

di.

The

supr

eme

cout

dev

elop

s crit

eria

and

tr

ansp

aren

t pro

cedu

res t

o ap

ply

to th

e tr

ansf

er o

f cas

es

(15

Dec.

201

3) -

The

Law

on

Stru

ctur

e an

d Au

thor

ity o

f Cou

rts

has y

et to

be

refo

rmed

, de

spite

a re

solu

tion

issue

d th

roug

h th

e M

EC;

impu

nity

rem

ains

ram

pant

.

i.Co

urts

pub

lish

hear

ing

sche

dule

s in

adva

nce

to n

otify

the

publ

ic o

f upc

omin

g he

arin

gs

(15

Dec.

201

3) -

Mos

t of t

he p

roce

edin

gs a

re

cond

ucte

d pu

blic

ly in

cou

rts.

Som

e in

form

atio

n is

publ

ished

in M

izan

Mag

azin

e,

not a

ll

ii.Pu

blic

acc

ess g

rant

ed in

all

hear

ings

in

acco

rdan

ce w

ith th

e la

w(1

5 De

c. 2

013)

- M

ost o

f the

pro

ceed

ings

and

or

ders

con

duct

ed p

ublic

ly

c.Al

l jud

gmen

ts o

f cou

rt a

nd a

dmin

istra

tive

trib

unal

s pub

lishe

di.

All c

ourt

judg

emen

ts e

asily

acc

essib

le o

nlin

e an

d av

aila

ble

to th

e pu

blic

in h

ard

copy

(15

Dec.

201

3) -

som

e Ju

dgm

ents

pub

lishe

d in

Qaz

a M

agzin

e no

t all,

but

it is

diff

icul

t to

have

acc

ess o

n ha

rd c

opy.

b.Co

urt a

nd a

dmin

istra

tive

trib

unal

pr

ocee

ding

s con

duct

ed p

ublic

ly14

.

g.En

forc

emen

t of a

ll ju

dici

al d

ecisi

ons a

nd

orde

rs

Tran

spar

ent j

udic

ial p

roce

edin

gs


Base

line

Stat

us

i.Pr

ovisi

ons i

nclu

ded

in th

e Cu

stom

s Law

for

the

prep

arat

ion

and

mai

nten

ance

of a

bl

ackl

ist o

f bro

kers

who

vio

late

regu

latio

ns

(15

Dec.

201

3) -

Prov

ision

s not

incl

uded

in

Cust

oms L

aw.

ii.Br

oker

s who

vio

late

regu

latio

ns a

nd a

re

blac

klist

ed su

ffici

ently

pen

alize

d(1

5 De

c. 2

013)

- Pr

ovisi

ons n

ot in

clud

ed in

Cu

stom

s Law

.

b.M

etho

ds d

evel

oped

for t

he v

alua

tion

of th

e ty

pe a

nd q

ualit

y of

goo

dsi.

ACD

and

rele

vant

qua

lity

assu

ranc

e en

titie

s in

clud

ing

ANSA

& M

oPH

deve

lop

and

impl

emen

t a p

olic

y fo

r the

ver

ifica

tion

of

good

s bei

ng im

port

ed

(15

Dec.

201

3) -

Met

hods

exi

st b

ut a

re n

ot

stre

amlin

ed o

r coo

rdin

ated

, and

are

poo

rly

impl

emen

ted.

i.

Afgh

anist

an p

ursu

es a

gree

men

ts a

nd

syst

ems f

or th

e sh

arin

g of

ele

ctro

nic

cust

oms i

nfor

mat

ion

with

nei

ghbo

ring

coun

trie

s

(15

Dec.

201

3) -

Data

is c

urre

ntly

not

bei

ng

shar

ed.

ii.Af

ghan

istan

pur

sues

gai

ning

acc

ess t

o cu

stom

s inf

orm

atio

n fr

om n

eigh

borin

g co

untr

ies t

hrou

gh in

form

al m

eans

a.Ap

prop

riate

tech

nolo

gy in

trod

uced

at

bord

ers a

nd c

heck

poin

ts fo

r ins

pect

ions

i.

All m

ajor

che

ckpo

ints

and

bor

ders

, pa

rtic

ular

ly th

ose

in T

orkh

am (N

anga

rhar

), Ha

irata

n (B

alkh

), Sh

erkh

an B

anda

r (Ku

nduz

), Aq

ina

(Jozj

an),

Torg

hond

i (He

rat),

Isla

m Q

ala

(Her

at),

Abu

Nas

ar F

arah

i (Fa

rah)

, and

Sp

inbo

ldak

(Kan

daha

r), e

quip

ped

with

te

chno

logy

(sca

nner

s, ba

rcod

e, x

-ray

, etc

.) to

en

sure

acc

urac

y of

dat

a en

tere

d

(15

Dec.

201

3) -

The

ACD

has i

nsta

lled

the

ASYC

UDA

aut

omat

ed sy

stem

at 1

1 cu

stom

s fa

cilit

ies.

MEC

has

obs

erve

d th

at th

e sy

stem

is

not b

eing

pro

perly

use

d w

here

it h

as b

een

impl

emen

ted.

i.Bo

rder

are

as a

nd u

rban

cen

ters

iden

tifie

d th

at w

ould

ben

efit

from

the

depl

oym

ent o

f m

obile

task

forc

es

(15

Dec.

201

3) -

NDS

wor

king

gro

up

requ

este

d th

e Pr

esid

ent t

o es

tabl

ish M

TFs,

bu

t the

requ

est w

as re

port

edly

not

acc

epte

d by

the

Offi

ce o

f the

Pre

siden

t.

ii.M

obile

task

forc

es e

stab

lishe

d w

ith

appr

opria

te h

uman

and

fina

ncia

l res

ourc

es

to e

nsur

e ef

fect

ive

perf

orm

ance

(15

Dec.

201

3) -

NDS

wor

king

gro

up

requ

este

d th

e Pr

esid

ent t

o es

tabl

ish M

TFs,

bu

t the

requ

est w

as re

port

edly

not

acc

epte

d by

the

Offi

ce o

f the

Pre

siden

t.

i.

MoF

dev

elop

s a m

echa

nism

to c

ondu

ct

surv

eys a

nd sp

ot-c

heck

s to

iden

tify

unau

thor

ized

acce

ss to

faci

liliti

es a

nd

proc

eedi

ngs a

nd re

fers

ille

gal a

ctiv

ity to

the

AGO

(15

Dec.

201

3) -

The

ACD

signe

d an

MoU

w

ith th

e Af

ghan

Bor

der P

olic

e th

at li

mits

th

eir i

nter

fere

nce

and

dist

ribut

ed a

lett

er to

al

l cus

tom

s dep

artm

ents

pro

hibi

ting

the

inte

rfer

ence

of t

hird

par

ties,

but

ther

e is

still

in

terf

eren

ce b

eing

obs

erve

d fr

om se

nior

fig

ures

incl

udin

g go

vern

ors,

secu

rity

com

man

ders

and

oth

er in

fluen

tial p

eopl

e.

ii.M

oF in

clud

es n

umbe

r of M

oEc

anti-

corr

uptio

n ho

tline

on

cust

oms f

orm

s so

that

ill

egal

inte

rfer

ence

can

be

repo

rted

Effe

ctiv

e m

onito

ring

and

test

ing

of g

oods

en

terin

g th

e bo

rder

16.

b.M

obile

Tas

k Fo

rces

set u

p to

che

ck

quan

titie

s and

qua

litie

s of g

oods

c.O

nly

cust

oms o

ffice

rs g

rant

ed a

cces

s to

faci

litie

s and

allo

wed

to ta

ke p

art i

n th

e cu

stom

s pro

ceed

ings

REG

ULA

TORY

FRA

MEW

ORK

Indi

cato

rTa

rget

a.St

atut

ory

regu

latio

n of

the

use

of b

roke

rs,

incl

udin

g th

e id

entif

icat

ion

and

sanc

tioni

ng

of b

roke

rs th

at a

ct il

lega

lly

15.

Out

com

e

Effe

ctiv

e fr

amew

ork

for r

egul

atin

g cu

stom

s ac

tiviti

es

c.M

etho

ds fo

r ver

ifyin

g cu

stom

s dat

a by

cro

ss

refe

renc

ing

with

dat

a fr

om b

orde

ring

coun

trie

s


i.M

echa

nism

intr

oduc

ed fo

r the

ver

ifica

tion

of

all g

oods

bei

ng c

laim

ed u

nder

MTA

to

ensu

re th

e ag

reem

ent i

s not

misu

sed

(15

Dec.

201

3) -

ISAF

is c

ompl

etel

y un

will

ing

to c

onsid

er a

ny m

easu

re to

ver

ify g

oods

be

ing

brou

ght i

nto

Afgh

anist

an.

ii.Im

port

ers f

ound

to b

e m

akin

g fa

lse c

laim

s un

der t

he M

TA p

enal

ized

and

the

good

s in

ques

tion

seiz

ed

(15

Dec.

201

3) -

ISAF

is c

ompl

etel

y un

will

ing

to c

onsid

er a

ny m

easu

re to

ver

ify g

oods

be

ing

brou

ght i

nto

Afgh

anist

an.

i.La

w re

stric

ts c

onfid

entia

lity

of d

ocum

ents

to

with

hold

ing

thos

e th

at w

ould

trul

y un

derm

ine

a co

mpa

ny’s

com

petit

iven

ess

(15

Dec.

201

3) -

Curr

ent d

efin

ition

of

conf

iden

tialit

y m

uch

broa

der a

nd in

clud

es

docu

men

ts n

ot d

etrim

enta

l to

com

petit

iven

ess.

ii.Co

ntra

cts r

equi

red

to b

e pu

blish

ed in

full

(15

Dec.

201

3) -

Cont

ract

s are

requ

ired

to b

e pu

blish

ed, b

ut d

raft

law

doe

s not

spec

ify to

w

hat e

xten

t.

iii.

Rest

rictio

ns o

n tr

ansf

ers o

f and

cha

nges

to

licen

ses a

nd c

ontr

acts

exp

ande

d to

ens

ure

new

ow

ners

are

equ

ally

qua

lifie

d to

hol

d a

tran

sfer

red

or a

ltere

d lic

ense

und

er th

e la

w

(15

Dec.

201

3) -

Art.

26 o

f dra

ft la

w m

erel

y re

quire

s tra

nsfe

r new

lice

nse

hold

ers t

o en

sure

con

trac

t con

tinui

ty a

nd le

gal

conf

orm

ity.

iv.

Nam

es o

f sha

reho

lder

s and

adm

inist

rato

rs o

f lic

ense

hol

ders

requ

ired

to b

e pu

blish

ed

(15

Dec.

201

3) -

Art.

23 (6

) of d

raft

law

pr

even

ts th

e pu

blic

atio

n of

ow

ners

hip

info

rmat

ion

with

out t

he w

ritte

n ag

reem

ent

of th

e Pa

rtie

s.

v.

Deci

sions

take

n by

the

Inte

r-M

inist

eria

l Co

mm

issio

n fo

r min

ing

decl

ared

nul

l and

vo

id w

here

und

isclo

sed

conf

licts

of i

nter

est

are

disc

over

ed

(15

Dec.

201

3) -

Conf

licts

of i

nter

est m

ust b

e re

port

ed, b

ut d

raft

law

doe

s not

incl

ude

clau

se c

over

ing

post

-dec

ision

disc

losu

re o

r di

scov

ery

of c

onfli

ct o

f int

eres

t.

vi.

Requ

irem

ent f

or a

nti-c

orru

ptio

n cl

ause

s in

cont

ract

s and

subc

ontr

acts

sign

ed w

ith th

e M

inist

ry o

f Min

es a

nd P

etro

leum

incl

uded

in

the

law

(15

Dec.

201

3) -

MoM

P in

clud

es a

nti-

corr

uptio

n cl

ause

s in

cont

ract

s and

sub-

cont

ract

s, b

ut th

e pr

actic

e is

not r

equi

red

by

the

draf

t law

.

vii.

Law

requ

ires t

he g

over

nmen

t to

cons

ult

affe

cted

com

mun

ities

at t

he c

ontr

actin

g st

age

(15

Dec.

201

3) -

Com

mun

ities

onl

y co

nsul

ted

afte

r lic

ense

s hav

e be

en is

sued

and

are

not

in

volv

ed in

mon

itorin

g ac

tiviti

es.

b.Co

mpa

rativ

e m

inin

g st

udy

cond

ucte

d to

id

entif

y in

tern

atio

nal b

est p

ract

ices

that

can

be

impl

emen

ted

in A

fgha

nist

ani.

Stud

y in

corp

orat

es le

sson

s fro

m c

ount

ries

that

hav

e ex

perie

nced

con

flict

, und

er

expl

oite

d na

tura

l res

ourc

es, a

nd w

eak

regu

lato

ry e

nviro

nmen

ts to

iden

tify

best

pr

actic

es in

con

trac

ting

and

over

sight

(24

Feb.

201

4) -

Min

ing

stud

y co

mpl

eted

and

fin

ding

s pre

sent

ed to

MoM

P; fi

nal v

ersio

n no

t dist

ribut

ed y

et.

i.Bi

ddin

g pr

oced

ures

out

lined

in d

etai

l(1

5 De

c. 2

013)

- Dr

aft l

aw a

llow

s for

co

mbi

ned

licen

se b

iddi

ng, b

ut c

onta

ins n

o de

tails

of t

he b

iddi

ng p

roce

dure

s.

ii.Th

e m

etho

d fo

r set

ting

roya

lties

and

the

basis

on

whi

ch th

ey a

re to

be

calc

ulat

ed

clea

rly d

escr

ibed

(15

Dec.

201

3) -

Draf

t law

doe

s not

men

tion

how

and

on

wha

t bas

is th

e ro

yalti

es w

ill b

e ca

lcul

ated

.

iii.

Com

mun

ities

giv

en a

role

in m

onito

ring

min

ing

activ

ities

(15

Dec.

201

3) -

Com

mun

ities

onl

y co

nsul

ted

afte

r lic

ense

s hav

e be

en is

sued

and

are

not

in

volv

ed in

mon

itorin

g ac

tiviti

es.

A st

reng

then

ed re

gula

tory

fram

ewor

k fo

r m

inin

g ac

tiviti

es

c.M

inin

g po

licie

s dev

elop

ed a

nd im

plem

ente

d to

ope

ratio

naliz

e M

iner

als L

aw, i

nclu

ding

an

ti-co

rrup

tion

prov

ision

s

Tax

exem

pted

goo

ds u

nder

the

mili

tary

te

chni

cal a

gree

men

t mon

itore

d an

d ve

rifie

d

17.

a.

Enha

nced

Min

eral

s Law

ena

cted

to e

nsur

e tr

ansp

aren

cy a

nd c

ompe

titiv

e bi

ddin

g, a

void

co

nflic

ts o

f int

eres

t, en

able

com

mun

ity

mon

itorin

g, se

cure

suffi

cien

t roy

altie

s, an

d in

clus

ive

of a

nti-c

orru

ptio

n pr

ovisi

ons.

d.


i.St

rate

gy in

clud

es b

oth

shor

t and

long

term

ca

paci

ty b

uild

ing

com

pone

nts

(15

Dec.

201

3) -

Unc

lear

whe

ther

con

cise

ca

paci

ty d

evel

opm

ent s

trat

egy

exist

s, b

ut

both

shor

t and

long

term

cap

acity

bui

ldin

g co

mpo

nent

s exi

st.

ii.St

rate

gy in

clud

es m

echa

nism

s for

att

ract

ing

and

reta

inin

g qu

alifi

ed st

aff a

nd c

onfo

rms

with

Civ

il Se

rvan

ts L

aw.

(15

Dec.

201

3) -

Attr

actin

g an

d re

tain

ing

qual

ified

staf

f pro

blem

atic

. Unc

lear

whe

ther

co

ncise

cap

acity

dev

elop

men

t str

ateg

y ex

ists

or to

wha

t ext

ent i

t con

form

s with

the

Civi

l Se

rvan

ts L

aw.

b.Hi

ghly

qua

lifie

d ex

tern

al la

wye

rs u

sed

until

su

ch ti

me

that

inte

rnal

cap

acity

is d

evel

oped

i.M

oMP

iden

tifie

s req

uire

d sp

ecia

lists

and

se

cure

s the

ir se

rvic

es fo

r as l

ong

as

nece

ssar

y

(15

Dec.

201

3) -

Capa

city

exp

ande

d th

roug

h ex

tern

al la

wye

rs (p

aid

for i

n pa

rt b

y W

B), b

ut

gaps

rem

ain.

i.Al

l con

trac

ts in

clud

e sp

ecifi

c pr

ovisi

on

mak

ing

cont

ract

nul

l and

voi

d if

anti-

corr

uptio

n la

ws a

nd re

gula

tions

vio

late

d

(15

Dec.

201

3) -

Anti-

corr

uptio

n pr

ovisi

ons

exist

in c

ontr

acts

, but

unc

lear

if re

quire

men

t in

clud

ed in

law

or r

egul

atio

ns

ii.Sp

ecifi

c an

ti-co

rrup

tion

stan

dard

s out

lined

(15

Dec.

201

3) -

Anti-

corr

uptio

n pr

ovisi

ons

exist

in c

ontr

acts

, but

unc

lear

if re

quire

men

t in

clud

ed in

law

or r

egul

atio

ns

b.Pu

blic

atio

n of

all

sub-

cont

ract

si.

All c

ontr

actin

g an

d su

bcon

trac

ting

part

ies

expl

icitl

y m

entio

ned,

pro

fit a

nd re

venu

e sh

arin

g br

oken

dow

n fo

r scr

utin

y, a

nd sc

ope

of m

inin

g ac

tiviti

es c

lear

ly la

id o

ut

(15

Dec.

201

3) -

Mos

t con

trac

ts p

ublis

hed,

bu

t do

not i

nclu

de k

ey d

etai

ls. U

ncle

ar to

w

hat e

xten

t sub

cont

ract

s are

also

pub

lishe

d

i.Re

port

ing

thre

shol

d ca

ptur

es m

ajor

ity o

f m

inin

g re

venu

e(1

5 De

c. 2

013)

- Th

resh

old

yet t

o be

lo

wer

ed.

ii.Re

port

ing

thre

shol

d ca

ptur

es m

ajor

ity o

f m

inin

g co

mpa

nies

(15

Dec.

201

3) -

Thre

shol

d ye

t to

be

low

ered

.

a.An

ti-M

oney

Lau

nder

ing

Law

ena

cted

ac

cord

ing

to in

tern

atio

nal b

est p

ract

ices

i.Re

vise

d la

w d

rafte

d in

con

sulta

tion

with

the

IMF

that

mee

ts F

ATF

and

APG

requ

irem

ents

fo

r Afg

hani

stan

(15

Dec.

201

3) -

The

Afgh

an g

over

nmen

t - in

co

oper

atio

n w

ith D

AB -

has b

een

deve

lopi

ng

new

legi

slatio

n fo

r sev

eral

mon

ths.

The

dra

ft la

w h

as y

et to

be

sent

to th

e N

atio

nal

Asse

mbl

y. M

EC h

as c

ondu

cted

a re

view

of

the

draf

t leg

islat

ion

and

foun

d th

at it

ge

nera

lly m

eets

inte

rnat

iona

l sta

ndar

ds.

b.IT

syst

ems u

tilize

d to

suffi

cien

tly m

onito

r fin

anci

al tr

ansa

ctio

nsi.

FIN

TRAC

A ac

quire

s and

impl

emen

ts w

ith th

e su

ppor

t of t

he in

tern

atio

nal c

omm

unity

el

ectr

onic

syst

ems t

hat a

llow

for t

he

auto

mat

ic a

nd in

stan

tane

ous r

epor

ting

of

susp

icio

us tr

ansa

ctio

ns a

nd la

rge

cash

tr

ansf

ers w

hen

initi

ated

by

a co

mm

erci

al

bank

(15

Dec.

201

3) -

An in

tern

atio

nal d

onor

has

pr

omise

d to

supp

ort F

inTR

ACA

in a

quiri

ng

the

nece

ssar

y ba

nkin

g so

ftwar

e, b

ut th

e as

sista

nce

has n

ot b

een

prov

ided

yet

.

19.

a.

Expl

icit

cont

ract

pro

visio

ns o

blig

ing

part

ners

an

d su

bcon

trac

tors

to fu

lly re

spec

t all

appl

icab

le in

tern

atio

nal a

nd n

atio

nal a

nti-

corr

uptio

n st

anda

rds

A tr

ansp

aren

t min

ing

sect

or

c.H

ighe

r lev

els o

f min

ing

reve

nue

repo

rtin

g to

ca

ptur

e a

maj

ority

of m

inin

g re

venu

e an

d m

inin

g co

mpa

nies

in A

fgha

nist

an

18.

Enha

nced

cap

acity

for t

he n

egot

iatio

n of

m

utua

lly b

enef

icia

l min

ing

cont

ract

s

a.In

tern

al c

apac

ity d

evel

opm

ent s

trat

egy

deve

lope

d an

d im

plem

ente

d


i.

ACD

deve

lops

pol

icy

in c

lose

con

sulta

tion

with

FIN

TRAC

A, M

oI, D

AB (F

SD),

NDS

and

in

tern

atio

nal c

omm

unity

that

requ

ires t

he

reco

rdin

g of

the

expo

rtat

ion

of m

ore

than

$1

0,00

0 pe

r per

son,

incl

udin

g in

fo o

n th

e so

urce

of t

he c

urre

ncy,

and

the

repo

rtin

g of

th

e in

fo to

FIN

TRAC

A

ii.Su

ffici

ent s

peci

alize

d tr

aini

ng in

det

ectio

n pr

ovid

ed to

airp

orts

and

bor

ders

to

effe

ctiv

ely

impl

emen

t pol

icy

(15

Dec.

201

3) -

The

Afgh

an b

orde

r pol

ice

at

Kabu

l Int

erna

tiona

l Airp

ort h

ave

rece

ived

tr

aini

ng in

ant

i-mon

ey la

unde

ring

and

smug

glin

g te

chni

ques

.

i.M

oU si

gned

bet

wee

n FI

NTR

ACA,

MoI

(Maj

or

Crim

es T

askf

orce

, Int

erpo

l), N

DS, H

OO

, DAB

(F

inan

cial

Sup

ervi

sion

Dep.

)

(15

Dec.

201

3) -

MoU

pre

pare

d bu

t wai

ting

to b

e sig

ned.

ii.Re

gula

r coo

rdin

atio

n an

d in

form

atio

n sh

arin

g m

eetin

gs h

eld

to e

ffect

ivel

y de

tect

an

d in

vest

igat

e fin

anci

al c

rimes

(15

Dec.

201

3) -

MoU

pre

pare

d bu

t wai

ting

to b

e sig

ned.

e.Ca

paci

ty b

uild

ing

prog

ram

s in

frau

d de

tect

ion

and

susp

icio

us tr

ansa

ctio

ns

impl

emen

ted

i.

Inte

rnat

iona

l com

mun

ity su

ppor

t a p

rogr

am

for t

he p

rovi

sion

of te

chni

cal a

ssist

ance

and

tr

aini

ng to

FIN

TRAC

A, A

GO, D

AB (F

SD),

and

NDS

(15

Dec.

201

3) -

Som

e ca

paci

ty b

uild

ing

prog

ram

s exi

st, b

ut n

ot e

noug

h to

impr

ove

dete

ctio

n of

frau

d an

d su

spic

ioiu

s tr

ansa

ctio

ns.

a.AI

SA’s

lega

l sta

tus i

s cla

rifie

d to

ens

ure

tran

spar

ency

and

acc

ount

abili

tyi.

Priv

ate

Inve

stm

ent L

aw a

men

ded

to c

larif

y th

at A

ISA

is ex

clus

ivel

y th

e of

fice

of th

e Hi

gh

Com

miss

ion

on In

vest

men

t and

subj

ect t

o al

l la

ws g

over

ning

pub

lic in

stitu

tions

, pa

rtic

ular

ly w

ith re

gard

to b

udge

ting,

re

port

ing,

aud

iting

, and

hiri

ng p

roce

dure

s

(15

Dec.

201

3) -

Stat

us re

mai

ns u

ncle

ar.

b.Al

l pre

viou

s and

futu

re d

ecisi

ons a

nd

mee

ting

outc

omes

of t

he H

igh

Com

miss

ion

on In

vest

men

t pub

lishe

di.

High

Com

miss

ion

on In

vest

men

t pub

lishe

s al

l pre

viou

s and

futu

re d

ecisi

ons i

nclu

ding

AI

SA p

erfo

rman

ce re

view

s, bu

dget

ap

prov

als,

wor

k pl

ans,

finan

cial

repo

rts,

and

audi

t res

ults

on

AISA

's w

ebsit

e

(15

Dec.

201

3) -

Mat

eria

ls ye

t to

be

publ

ished

.

c.Th

e le

gitim

acy

of th

e tr

ansf

er o

f re

spon

sibili

ty fo

r ind

ustr

ial p

arks

is re

view

edi.

MoC

I rev

iew

s the

legi

timac

y of

the

tran

sfer

of

MoC

I's re

spon

sibili

ty fo

r ind

ustr

ial p

arks

to

AIS

A to

geth

er w

ith th

e M

oJ a

nd M

oF a

nd

subm

its th

e re

sults

to th

e Co

unci

l of

Min

ister

s

(15

Dec.

201

3) -

Revi

ew y

et to

be

cond

ucte

d.

i.Li

cens

es o

f firm

s rev

iew

ed re

gula

rly(1

5 De

c. 2

013)

- Re

view

of r

egist

ered

co

mpa

nies

yet

to b

e co

nduc

ted.

ii.Li

cens

es o

f act

ive

firm

s ren

ewed

, lic

ense

s of

inac

tive

firm

s rev

oked

i.M

oCI r

evie

ws D

BI a

ctio

n pl

an to

ass

ess

whe

ther

pla

nned

act

iviti

es re

sult

in

vuln

erab

ilitie

s to

corr

uptio

n

(15

Dec.

201

3) -

Draf

t DBI

act

ion

plan

up

date

d bu

t unc

lear

whe

ther

ant

i-co

rrup

tion

prin

cipl

es w

ere

intr

oduc

ed.

ii.

DBI m

odifi

ed a

nd m

easu

res d

evel

oped

to

mai

ntai

n fr

iend

ly b

usin

ess e

nviro

nmen

t w

ithou

t end

ucin

g vu

lner

abili

ties t

o co

rrup

tion

a.

Lice

nses

of a

ctiv

e co

mpa

nies

are

regi

ster

ed

with

the

Cent

ral B

usin

ess R

egist

ry a

nd

rene

wed

regu

larly

acc

ordi

ng to

lega

l re

quire

men

ts

22.

23.

a.DB

I act

ion

plan

mod

ified

to in

clud

e an

ti-co

rrup

tion

cons

ider

atio

nsSt

reng

then

ed D

oing

Bus

ines

s Ind

icat

or

actio

n pl

an

Com

pani

es a

re e

ffect

ivel

y re

gist

ered

and

m

onito

red

21.

c.Po

licy

on c

urre

ncy

outfl

ows a

t airp

orts

and

bo

rder

s dev

elop

ed a

nd e

ffect

ivel

y im

plem

ente

d

d.En

hanc

ed c

oope

ratio

n be

twee

n FI

NTR

ACA

and

othe

r gov

ernm

ent a

genc

ies

20.

Fina

ncia

l tra

nsac

tions

mon

itore

d to

pre

vent

ill

icit

activ

ity

Enha

nced

gov

erna

nce

and

acco

unta

bilit

y in

pr

ivat

e se

ctor

regu

lato

ry a

genc

ies


i.

Key

dono

rs (n

amel

y U

SA (U

SAID

), U

nite

d Ki

ngdo

m (D

IFID

), EU

, Ger

man

y, Ja

pan

Indi

a,

and

ISAF

) and

IFIs

(suc

h as

the

WB,

IMF,

and

ot

her d

evel

opm

ent b

anks

), de

velo

p m

echa

nism

for l

istin

g co

ntra

ctor

s who

hav

e be

en fo

und

to e

ngag

e in

frau

dule

nt o

r co

rrup

t act

ivity

(15

Dec.

201

3) -

Cont

ract

ors h

ave

been

bl

ackl

isted

by

diffe

rent

ent

ities

in th

e pa

st.

ii.Bl

ackl

ist u

pdat

ed re

gula

rly to

ens

ure

accu

racy

(15

Dec.

201

3) -

Unk

now

n w

heth

er a

nd h

ow

regu

larly

bla

cklis

ts a

re u

pdat

ed

b.Bl

ackl

ist o

f con

trac

tors

mad

e pu

blic

ly

avai

labl

ei.

Key

dono

rs p

ublis

h bl

ackl

ists i

n a

prom

inen

t sp

ot o

n th

eir w

ebsit

es

i.

MoE

c an

d M

oJ d

evel

op te

rms o

f ref

eren

ce

for d

etai

led

revi

ew o

f NGO

s and

soci

al

orga

niza

tions

that

cro

ss-r

efer

ence

s the

ir ac

tiviti

es w

ith th

eir r

egist

ered

man

date

(15

Dec.

201

3) -

ToRs

yet

to b

e de

velo

ped

ii.M

oEc

and

MoJ

con

duct

tend

erin

g pr

oces

s to

iden

tify

appr

opria

te, c

ompe

tent

and

in

depe

nden

t ent

ity to

con

duct

the

revi

ew

b.Re

sults

of t

he re

view

are

pub

lishe

d on

line

for e

ach

NGO

i.Re

gula

r rep

orts

pub

lishe

d on

line

(15

Dec.

201

3) -

Repo

rts y

et to

be

publ

ished

.

c.N

on-c

ompl

iant

NGO

s are

app

ropr

iate

ly

sanc

tione

d fo

r dig

ress

ions

i.N

GOs g

iven

cha

nce

to a

ddre

ss d

efic

ienc

es,

non-

com

plia

nt N

GOs p

enal

ized

(15

Dec.

201

3) -

NGO

s hav

e re

peat

edly

bee

n pe

naliz

ed fo

r var

ious

tran

sgre

ssio

ns.

d.Re

view

pla

n is

esta

blish

ed a

nd im

plem

ente

d w

ith re

gula

r ass

essm

ents

i.M

&E

plan

est

ablis

hed

and

impl

emen

ted

(15

Dec.

201

3) -

M&

E pl

an y

et to

be

esta

blish

ed.

i.Da

taba

se in

clud

es in

form

atio

n on

NGO

m

anda

te(1

9 M

ar. 2

014)

- Da

taba

se d

oes n

ot in

clud

e th

is in

form

atio

n.

ii.Da

taba

se in

clud

es in

form

atio

n on

NGO

ad

min

istra

tors

(19

Mar

. 201

4) -

Data

base

doe

s not

incl

ude

this

info

rmat

ion.

iii.

Data

base

incl

udes

info

rmat

ion

on N

GO

activ

ities

(19

Mar

. 201

4) -

Data

base

doe

s not

incl

ude

this

info

rmat

ion.

iv.

Data

base

incl

udes

info

rmat

ion

on N

GO

finan

ces

(19

Mar

. 201

4) -

Data

base

doe

s not

incl

ude

this

info

rmat

ion.

v.Da

taba

se in

form

atio

n up

date

d re

gula

rly(1

9 M

ar. 2

014)

- U

ncle

ar h

ow o

ften

data

base

up

date

d.

24.

a.Bl

ackl

ist o

f con

trac

tors

mai

ntai

ned

and

shar

ed b

y ke

y do

nors

and

rele

vant

nat

iona

l an

d in

tern

atio

nal e

ntiti

esIn

vest

igat

ion

and

blac

klist

ing

of c

orru

pt

com

pani

es

26.

a.A

publ

icly

ava

ilabl

e N

GO d

atab

ase

is cr

eate

d an

d re

gula

rly u

pdat

ed

a.En

tity

iden

tifie

d to

car

ry o

ut re

gula

r rev

iew

s w

ith c

lear

term

s of r

efer

ence

25.

NGO

s are

regu

larly

revi

ewed

for c

ompl

ianc

e w

ith th

e N

GO c

ode

of c

ondu

ct

Tran

spar

ency

in th

e ac

tiviti

es a

nd

adm

inist

ratio

n of

NG

Os


Base

line

Stat

us

i.N

eeds

ass

essm

ent c

ondu

cted

to id

entif

y ga

ps in

cap

acity

ii.

Prog

ram

dev

elop

ed fo

r the

pro

visio

n of

te

chni

cal a

ssist

ance

with

the

supp

ort o

f the

in

tern

atio

nal c

omm

unity

to fi

ll ca

paci

ty g

aps

iden

tifie

d by

the

need

s ass

essm

ent w

ith a

pa

rtic

ular

focu

s on

recr

uitm

ent a

nd tr

aini

ng

i.

Asse

ssm

ent c

arrie

d ou

t in

ever

y pr

ovic

e to

de

ntify

loca

tion

of c

urre

nt a

nd fu

ture

in

fras

truc

ture

pro

ject

s and

prio

ritize

the

need

for q

ualit

y co

ntro

l tes

ting

acco

rdin

gly

(15

Dec.

201

3) -

Initi

al n

eeds

ass

essm

ent

repo

rted

ly c

ondu

cted

by

MoP

W, b

ut u

ncle

ar

to w

hat e

xten

t and

whe

ther

all

prov

ince

s w

ere

cons

ider

ed.

ii.M

obile

labo

rato

ries e

stab

lishe

d ba

sed

on

need

s ass

essm

ent

(15

Dec.

201

3) -

MoP

W h

as d

ecid

ed to

es

tabl

ish m

ater

ial t

estin

g la

bora

torie

s for

in

fras

truc

ture

pro

ject

s in

five

prov

ince

s (K

undu

z, N

anga

rhar

, Her

at, K

anda

har,

and

Pakt

ia) b

ased

on

its n

eeds

ass

essm

ent i

n th

e ne

ar fu

ture

.

iii.

Mob

ile la

bora

torie

s suf

ficie

ntly

equ

ippe

d,

staf

fed

and

reso

urce

d to

per

form

dut

ies

(30

Nov

. 201

3) -

Acco

rdin

g to

the

depu

ty

min

ister

, the

pro

vinc

ial l

abor

ator

ies a

re

equi

pped

and

read

y to

beg

in o

pera

tions

, but

th

e m

inist

ry d

oes n

ot h

ave

enou

gh

prof

essio

nal s

taff

to o

pera

te th

e la

bs. T

hey

have

incl

uded

add

ition

al st

aff i

n th

eir t

ashk

il re

ques

t for

201

4.

c.Te

nder

pro

cedu

res e

nsur

e th

at c

onst

ruct

ion

com

pani

es m

eet m

inim

um st

anda

rds i

n th

eir

tech

ical

cap

acity

i.St

anda

rds o

f tec

hnic

al c

apac

ity fo

r co

nstr

uctio

n co

mpa

nies

cle

arly

def

ined

i.

MoP

W d

evel

ops p

olic

y id

entif

ying

MoP

W

foca

l poi

nt fo

r con

trac

tors

to re

port

to o

n a

daily

bas

is on

thei

r pro

ject

act

iviti

es a

nd

prog

ress

(15

Dec.

201

3) -

ARDS

(MoE

c) e

stab

lishe

d a

wor

king

gro

up o

f rel

evan

t ins

titut

ions

to

deve

lop

a da

ily re

port

ing

mec

hani

sm. E

ach

inst

itutio

n w

ill p

rovi

de a

dra

ft m

echa

nism

to

be c

ombi

ned

into

one

uni

fied

repo

rtin

g m

echa

nism

.

ii.M

oPW

ens

ures

suffi

cien

t res

ourc

es se

t asid

e fo

r abs

orbi

ng d

aily

repo

rts e

ither

by

emai

l or

phon

e

(15

Dec.

201

3) -

Com

preh

ensiv

e co

mm

unic

atio

n po

licy

and

repo

rtin

g m

echa

nism

yet

to b

e de

velo

ped

i.M

oPW

to e

stab

lish

a to

ll-fr

ee c

orru

ptio

n ho

tline

or s

imila

rly e

asily

acc

essib

le

mec

hani

sm fo

r rep

ortin

g ca

ses o

f cor

rupt

ion

(15

Dec.

201

3) -

The

MO

PW is

rese

arch

ing

best

pra

ctic

es w

ith th

e he

lp o

f MEC

in o

rder

to

est

ablis

h th

e re

port

ing

mec

hani

sm.

ii.

Publ

ic a

war

enes

s cam

paig

n co

nduc

ted

incl

udin

g po

ster

s at M

oPW

affi

liate

d of

fices

, ra

dio

and

tele

vesio

n sp

ots,

as w

ell a

s ne

wsp

aper

ann

ounc

emen

ts to

intr

oduc

e co

rrup

tion-

repo

rtin

g m

echa

nism

(15

Dec.

201

3) -

The

MO

PW is

rese

arch

ing

best

pra

ctic

es w

ith th

e he

lp o

f MEC

in o

rder

to

est

ablis

h th

e re

port

ing

mec

hani

sm.

Nee

ds a

sses

smen

t for

per

man

ent a

nd

mob

ile q

ualit

y co

ntro

l tes

ting

labo

rato

ries

com

plet

ed a

nd la

bora

torie

s est

ablis

hed

as

need

ed

b.

INFR

ASTR

UCT

URE

Indi

cato

rTa

rget

a.

Tech

nica

l and

man

ager

ial c

apac

ity b

uild

ing

prog

ram

est

ablis

hed

for t

he M

inist

ry o

f Pu

blic

Wor

ks to

man

age

and

over

see

proj

ects

, inc

ludi

ng sh

ort-t

erm

and

long

-term

ex

pert

ise

27.

d.Co

mm

unic

atio

n po

licy

deve

lope

d fo

r the

re

gula

r rep

ortin

g of

act

iviti

es fr

om w

ork-

sites

e.Co

mpr

ehen

sive

corr

uptio

n-re

port

ing

mec

hani

sm d

evel

oped

and

impl

emen

ted

Out

com

e

Capa

city

of M

oPW

to m

onito

r Afg

hani

stan

’s in

fras

truc

ture

pro

ject

s


iii.

Repo

rted

cas

es re

gist

ered

and

dul

y in

vest

igat

ed

(15

Dec.

201

3) -

The

MO

PW is

rese

arch

ing

best

pra

ctic

es w

ith th

e he

lp o

f MEC

in o

rder

to

est

ablis

h th

e re

port

ing

mec

hani

sm.

f.Co

mm

unity

-bas

ed m

onito

ring

mec

hani

sm

deve

lope

d an

d im

plem

ente

d i.

MoP

W d

evel

ops a

stra

tegy

to id

entif

y ke

y CS

O's

and

com

mun

ity g

roup

s to

invo

lve

in

trai

ning

for m

onito

ring

and

repo

rtin

g

(15

Dec.

201

3) -

MRR

D ha

s a m

echa

nism

in

plac

e th

at p

rovi

des t

rain

ing

in th

e m

onito

ring

of sm

all-s

cale

pro

ject

s, w

hich

th

ey w

ill e

xpan

d an

d of

fer t

o st

aff o

f all

min

istrie

s. U

ncle

ar w

heth

er tr

aini

ng is

also

pr

ovid

ed to

com

mun

ity-b

ased

mon

itors

.

i.In

tern

atio

nal c

omm

unity

pro

vide

s fun

ds fo

r fu

nctio

ning

of t

he C

oST

secr

etar

iat

(15

Dec.

201

3) -

The

CoST

-Afg

hani

stan

pr

ogra

m w

as o

ffici

ally

laun

ched

at a

pre

ss

conf

eren

ce o

n O

ctob

er 2

3, 2

013,

but

still

ne

eds f

unds

for t

he e

stab

lishm

ent o

f the

Co

ST-A

fgha

nist

an S

ecre

taria

t.

ii.De

velo

p te

rms o

f ref

eren

ce fo

r CoS

T th

at

cove

r mem

bers

hip,

mee

tings

, sco

pe o

f ac

tiviti

es, a

nd c

riter

ia fo

r rev

iew

ing

proj

ects

iii.

CoST

repo

rts r

egul

arly

to th

e pe

ople

, Pr

esid

ent,

and

Nat

iona

l Ass

embl

y of

Af

ghan

istan

h.Da

taba

se o

f all

infr

astr

uctu

re p

roje

cts

crea

ted

i.

MoP

W p

ublis

hes a

dat

abas

e on

thei

r web

site

that

incl

udes

info

rmat

ion

such

as t

he

dono

r/fu

nder

of t

he p

roje

ct, t

he g

ener

al

cont

ract

or, l

ocat

ion,

exp

ecte

d co

mpl

etio

n da

te, c

urre

nt st

atus

, and

reas

ons f

or a

ny

dela

ys

(15

Dec.

201

3) -

The

MO

PW h

as sh

ared

a li

st

of ro

ad p

roje

cts m

issin

g te

chni

cal

info

rmat

ion

with

MEC

, but

ther

e is

no

indi

catio

n th

at a

com

preh

ensiv

e da

taba

se

has b

een

crea

ted.

i.N

eeds

ass

essm

ent c

ondu

cted

to id

entif

y ga

ps in

cap

acity

ii.

Prog

ram

dev

elop

ed fo

r the

pro

visio

n of

te

chni

cal a

ssist

ance

with

the

supp

ort o

f the

in

tern

atio

nal c

omm

unity

to fi

ll ca

paci

ty g

aps

iden

tifie

d by

the

need

s ass

essm

ent w

ith a

pa

rtic

ular

focu

s on

recr

uitm

ent a

nd tr

aini

ng

i.N

eeds

ass

essm

ent c

ondu

cted

to id

entif

y ga

ps in

cap

acity

a.

Tech

nica

l and

man

ager

ial c

apac

ity b

uild

ing

prog

ram

est

ablis

hed

for t

he M

inist

ry o

f Rur

al

Reha

bilit

atio

n an

d De

velo

pmen

t to

man

age

and

over

see

proj

ects

, inc

ludi

ng sh

ort-t

erm

an

d lo

ng-te

rm e

xper

tise

Tech

nica

l and

man

ager

ial c

apac

ity b

uild

ing

prog

ram

est

ablis

hed

for t

he M

inist

ry o

f

g.Co

ST in

itiat

ive

impl

emen

ted

in A

fgha

nist

an


ii.

Prog

ram

dev

elop

ed fo

r the

pro

visio

n of

te

chni

cal a

ssist

ance

with

the

supp

ort o

f the

in

tern

atio

nal c

omm

unity

to fi

ll ca

paci

ty g

aps

iden

tifie

d by

the

need

s ass

essm

ent w

ith a

pa

rtic

ular

focu

s on

recr

uitm

ent a

nd tr

aini

ng

i.N

eeds

ass

essm

ent c

ondu

cted

to id

entif

y ga

ps in

cap

acity

ii.

Prog

ram

dev

elop

ed fo

r the

pro

visio

n of

te

chni

cal a

ssist

ance

with

the

supp

ort o

f the

in

tern

atio

nal c

omm

unity

to fi

ll ca

paci

ty g

aps

iden

tifie

d by

the

need

s ass

essm

ent w

ith a

pa

rtic

ular

focu

s on

recr

uitm

ent a

nd tr

aini

ng

i.N

eeds

ass

essm

ent c

ondu

cted

to id

entif

y ga

ps in

cap

acity

ii.

Prog

ram

dev

elop

ed fo

r the

pro

visio

n of

te

chni

cal a

ssist

ance

with

the

supp

ort o

f the

in

tern

atio

nal c

omm

unity

to fi

ll ca

paci

ty g

aps

iden

tifie

d by

the

need

s ass

essm

ent w

ith a

pa

rtic

ular

focu

s on

recr

uitm

ent a

nd tr

aini

ng

i.N

eeds

ass

essm

ent c

ondu

cted

to id

entif

y ga

ps in

cap

acity

ii.

Prog

ram

dev

elop

ed fo

r the

pro

visio

n of

te

chni

cal a

ssist

ance

with

the

supp

ort o

f the

in

tern

atio

nal c

omm

unity

to fi

ll ca

paci

ty g

aps

iden

tifie

d by

the

need

s ass

essm

ent w

ith a

pa

rtic

ular

focu

s on

recr

uitm

ent a

nd tr

aini

ng

28.

Capa

city

of o

ther

rele

vant

inst

itutio

ns to

m

onito

r Afg

hani

stan

’s in

fras

truc

ture

pro

ject

s

e.

Tech

nica

l and

man

ager

ial c

apac

ity b

uild

ing

prog

ram

est

ablis

hed

for t

he M

unic

ipal

ities

to

man

age

and

over

see

proj

ects

, inc

ludi

ng

shor

t-ter

m a

nd lo

ng-te

rm e

xper

tise

d.

Tech

nica

l and

man

ager

ial c

apac

ity b

uild

ing

prog

ram

est

ablis

hed

for t

he M

inist

ry o

f M

ines

and

Pet

role

um to

man

age

and

over

see

proj

ects

, inc

ludi

ng sh

ort-t

erm

and

lo

ng-te

rm e

xper

tise

b.

En

ergy

and

Wat

er to

man

age

and

over

see

proj

ects

, inc

ludi

ng sh

ort-t

erm

and

long

-term

ex

pert

ise

c.

Tech

nica

l and

man

ager

ial c

apac

ity b

uild

ing

prog

ram

est

ablis

hed

for t

he M

inist

ry o

f U

rban

Dev

elop

men

t to

man

age

and

over

see

proj

ects

, inc

ludi

ng sh

ort-t

erm

and

long

-term

ex

pert

ise


Base

line

Stat

us

i.

Grad

es 1

to 1

2 in

clud

e an

ti-co

rrup

tion

mod

ules

that

sens

itize

stud

ents

abo

ut

corr

upt a

cts a

nd a

nti-c

orru

ptio

n m

easu

res

from

an

Islam

ic p

ersp

ectiv

e

(15

Dec.

201

3) -

No

anti-

mod

ule

deve

lope

d in

the

curr

icul

a of

scho

ols b

ut a

cou

ple

of

anti-

corr

uptio

n iss

ues h

ave

alre

ady

been

in

corp

orte

d in

the

subj

ects

.

ii.

Firs

t yea

r uni

vers

ity p

rogr

ams i

nclu

de a

nti-

corr

uptio

n m

odul

es th

at se

nsiti

ze st

uden

ts

abou

t cor

rupt

act

s and

ant

i-cor

rupt

ion

mea

sure

s fro

m a

n Isl

amic

per

spec

tive

(15

Dec.

201

3) -

No

anti-

corr

uptio

n m

odul

e de

velo

ped

in th

e cu

rric

ula

of u

nive

rsiti

es b

ut

a co

uple

of a

nti-c

orru

ptio

n iss

ues h

ave

alre

ady

been

inco

rpor

ted

in th

e su

bjec

ts.

iii.

Anti-

corr

uptio

n m

odul

es m

ade

man

dato

ry

for s

tude

nts e

nrol

led

in b

usin

ess

adm

inist

ratio

n or

oth

er b

usin

ess d

egre

e pr

ogra

ms

i.De

velo

p a

stra

tegy

to id

entif

y tr

aini

ng

targ

ets f

or M

ulla

hs a

nd M

adra

sa te

ache

rs

(15

Dec.

201

3) -

No

stra

tegy

dev

elop

ed fo

r M

ulla

hs b

ut th

e lin

e m

inist

ries a

re w

orki

ng

on d

evel

opin

g th

is pr

ojec

t.

ii.De

velo

p a

trai

ning

mod

ule

for d

eliv

erin

g th

e an

ti-co

rrup

tion

conc

epts

to M

ulla

hs a

nd

Mad

rasa

teac

hers

out

lined

in th

e ta

rget

s

(15

Dec.

201

3) -

No

trai

ning

mod

ules

de

velo

ped

for M

ulla

hs b

ut th

e lin

e m

inist

ries

are

wor

king

on

deve

lopi

ng th

is pr

ojec

t.

iii.

Deliv

er tr

aini

ng to

a m

ajor

ity o

f Mul

lahs

and

M

adra

sa te

ache

rs w

ithin

one

yea

r of

deve

lopi

ng th

e tr

aini

ng m

odul

e

(15

Dec.

201

3) -

No

sem

inar

s con

duct

ed fo

r M

ulla

hs a

nd M

adra

sa te

ache

rs b

ut th

e lin

e m

inist

ries a

re w

orki

ng o

n de

velo

ping

this

proj

ect.

i.M

oHRA

per

iodi

cally

pro

vide

s a c

ircul

ar o

n an

ti-co

rrup

tion

teac

hing

s, re

ques

ting

Mul

lahs

to p

reac

h on

ant

i-cor

rutio

n

(15

Dec.

201

3) -

No

circ

ular

pro

vide

d by

m

inist

ry so

far b

ut M

ulla

hs h

ave

prea

ched

ab

out a

nti-c

orru

ptio

n in

the

mos

ques

.

ii.M

oHRA

dev

elop

s and

dist

ribut

es a

nti-

corr

uptio

n m

ater

ials

for m

osqu

es

(15

Dec.

201

3) -

A co

uple

of m

ater

ials

such

as

bro

chur

e ha

ve b

een

dist

ribut

ed in

m

osqu

es b

y m

inist

ry

i.HO

O d

evel

ops a

nd im

plem

ents

a p

ublic

ca

mpa

ign

on a

nti-c

orru

ptio

n, in

clud

ing

TV

prog

ram

s, ra

dio

show

s, an

d bi

llboa

rds

(15

Dec.

201

3) -

HOO

has

dev

elop

ed

diffe

rent

med

ia c

ampa

igns

thro

ugh

natio

nal

TV, s

hort

clip

s and

bill

boar

ds. T

hese

co

mpa

igns

are

not

con

duct

ed re

gula

rly d

ue

to n

ot h

avin

g en

ough

fund

ii.

Nat

iona

l tel

evisi

on c

hann

els s

uppo

rt a

nti-

corr

uptio

n ef

fort

s by

prov

idin

g ai

r-tim

e fo

r pr

ovid

ing

regu

lar a

nti-c

orru

ptio

n re

late

d pr

ogar

ms,

such

as M

oCIT

pub

lic se

rvic

e an

noun

cem

ents

(15

Dec.

201

3) -

Ther

e is

no a

nti-c

orru

ptio

n pr

ogra

m o

n N

atio

nal T

V no

w, o

nly

som

e irr

egul

ar in

terv

iew

s in

Good

Mor

ning

Pr

ogra

m.

i.

Gove

rnm

ent n

ewsp

aper

s, ga

zett

es, a

nd

mag

azin

es (s

uch

as A

nis,

Hew

ad a

nd K

abul

Ti

mes

) reg

ular

ly in

form

pub

lic o

f cas

es o

f co

rrup

tion

and

anti-

corr

uptio

n ef

fort

s

(15

Dec.

201

3) -

As fa

r as M

EC is

info

rmed

, no

ant

i-cor

rupt

ion

info

rmat

ion

publ

ished

in

new

spap

ers a

nd m

agaz

ines

regu

larly

.

b.An

ti-co

rrup

tion

info

rmat

ion

diss

emin

ated

th

roug

h M

osqu

es a

nd re

ligio

us sc

hola

rs

30.

Coun

tyw

ide

anti-

corr

uptio

n ca

mpa

ign

d.Go

vern

men

t pub

licat

ions

use

d to

di

ssem

inat

e an

ti-co

rrup

tion

info

rmat

ion

a.

Trai

ning

s and

sem

inar

s for

Mul

lahs

and

M

adra

sa te

ache

rs to

sens

itize

them

to a

cts

of c

orru

ptio

n an

d an

ti-co

rrup

tion

mec

hani

sms

c.M

edia

cam

paig

n st

rate

gy d

evel

oped

and

im

plem

ente

d

PUBL

IC A

WAR

ENES

SIn

dica

tor

Targ

etO

utco

me

29.

A co

mpr

ehen

sive

anti-

corr

uptio

n m

odul

e is

incl

uded

in th

e cu

rric

ula

of sc

hool

s and

un

iver

sitie

sa.

Anti-

corr

uptio

n m

odul

e de

velo

ped

and

inco

rpor

ated

into

cur

ricul

a


ii.

Gove

rnm

ent n

ewsp

aper

s, ga

zett

es a

nd

mag

azin

es in

clud

e an

ti-co

rrup

tion

publ

ic

serv

ice

mes

sage

s and

info

rmat

ion

on

repo

rtin

g m

echa

nism

diss

emin

ate

anti-

corr

uptio

n in

form

atio

n


Base

line

Stat

us

i.La

w e

nsur

es p

rovi

sions

incl

uded

in p

ublic

co

ntra

cts e

xplic

itly

limiti

ng su

b-co

ntra

ctin

g sh

are

(15

Dec.

201

3) -

Artic

le 5

4 of

the

draf

t Pr

ocur

emen

t Law

incl

udes

pro

visio

ns th

at

wou

ld re

stric

t sub

cont

ract

ing

to 2

0 pe

rcen

t of

the

tota

l val

ue o

f the

con

trac

t.

ii.La

w e

nsur

es th

at in

form

atio

n ab

out

cont

ract

ors a

nd su

bcon

trac

tors

mad

e pu

blic

ly a

vaila

ble

a.Ap

peal

and

Rev

iew

Com

mitt

ee p

rovi

ded

with

add

ition

al re

sour

ces

i.Ad

ditio

nal f

inan

cial

and

hum

an re

sour

ces

prov

ided

to e

nsur

e th

e ef

fect

ive

func

tioni

ng

of th

e co

mm

ittee

(15

Dec.

201

3) -

The

PPU

has

app

oint

ed fi

ve

initi

al c

omm

ittee

mem

bers

and

pla

ns to

in

crea

se th

e m

embe

rshi

p to

21

expe

rts

thro

ugh

appo

intm

ents

from

oth

er

inst

itutio

ns. F

inan

cial

reso

urce

s unc

lear

.

b.In

crea

sed

inde

pend

ence

of A

ppea

l and

Re

view

Com

mitt

ee

i.

Term

s of a

ppoi

ntm

ent p

rovi

de in

crea

sed

inde

pend

ence

for c

omm

ittee

mem

bers

and

re

stric

t the

ir re

mov

al to

situ

atio

ns o

f gro

ss

misc

ondu

ct b

ased

on

pree

stab

lishe

d ob

ject

ive

crite

ria

(15

Dec.

201

3) -

Leve

l of i

nter

fere

nce

and

coun

ter-

mea

sure

s unc

lear

.

i.Es

tabl

ish d

iscre

et c

omm

ittee

web

site

(15

Dec.

201

3) -

Ther

e ha

ve b

een

no

subs

tant

ive

effo

rts t

o ra

ise a

war

enes

s of

bidd

ers o

f the

PPU

.

ii.

Deve

lop

and

send

circ

ular

to a

ll re

leva

nt

part

ners

incl

udin

g co

ntra

ctor

s, th

e Co

ST

secr

etar

iat,

and

MoC

I out

linin

g th

e co

mm

ittee

's te

rms o

f ref

eren

ce

(15

Dec.

201

3) -

Ther

e ha

ve b

een

no

subs

tant

ive

effo

rts t

o ra

ise a

war

enes

s of

bidd

ers o

f the

PPU

.

i.

Esta

blish

cle

ar te

rms o

f ref

eren

ce a

nd

resp

onsib

ilitie

s for

pro

cure

men

t spe

cial

ists

with

suffi

cien

t ove

rsig

ht ro

le th

at se

para

te

thei

r fun

ctio

ns (i

.e. n

eed

iden

tific

atio

n,

cont

ract

ing,

and

pay

men

t ove

rsig

ht) t

o pr

ovid

e ch

ecks

and

bal

ance

s for

the

proc

urem

ent a

ctiv

ities

of r

elev

ant

gove

rnm

ent i

nstit

utio

ns

(15

Dec.

201

3) -

The

PPU

has

repr

esen

tativ

es

in a

ll m

inist

ries t

o su

ppor

t the

pro

cure

men

t pr

oces

s and

to tr

ain

proc

urem

ent p

erso

nnel

. Th

e PP

U h

as a

lso c

reat

ed a

new

dep

artm

ent

of c

apac

ity b

uild

ing

and

over

5,0

00

empl

oyee

s fro

m v

ario

us g

over

nmen

tal

inst

itutio

ns h

ave

been

trai

ned

so fa

r.Th

ere

cont

inue

s to

be a

lack

of a

cle

ar

sepa

ratio

n be

twee

n th

ose

resp

onsib

le fo

r de

cidi

ng o

n ne

w c

ontr

acts

and

thos

e re

spon

sible

for o

vers

eein

g th

ese

cont

ract

s.

ii.M

oF p

rovi

des r

egul

ar te

chni

cal t

rain

ing

to

dedi

cate

d pr

ocur

emen

t spe

cial

ists

(15

Dec.

201

3) -

The

PPU

has

repr

esen

tativ

es

in a

ll m

inist

ries t

o su

ppor

t the

pro

cure

men

t pr

oces

s and

to tr

ain

proc

urem

ent p

erso

nnel

. Th

e PP

U h

as a

lso c

reat

ed a

new

dep

artm

ent

of c

apac

ity b

uild

ing

and

over

5,0

00

empl

oyee

s fro

m v

ario

us g

over

nmen

tal

inst

itutio

ns h

ave

been

trai

ned

so fa

r.

32.

33.

a.Al

l gov

ernm

ent i

nstit

utio

ns w

ith

proc

urem

ent f

unct

ions

staf

fed

with

de

dica

ted

proc

urem

ent s

peci

alist

s

Stre

ngth

ened

App

eal a

nd R

evie

w C

omm

ittee

fo

r pro

cure

men

t disp

ute

reso

lutio

n

Dedi

cate

d pr

ocur

emen

t spe

cial

ist in

all

gove

rnm

ent i

nstit

utio

ns

c.En

hanc

ed a

war

enes

s of t

he A

ppea

l and

Re

view

Com

mitt

ee a

mon

gst d

omes

tic a

nd

fore

ign

bidd

ers

PRO

CURE

MEN

TIn

dica

tor

Targ

etO

utco

me

31.

Effe

ctiv

e pr

ocur

emen

t fra

mew

ork

for p

ublic

en

titie

s tha

t inc

lude

s lim

itatio

ns o

n su

b-co

ntra

ctin

g to

enh

ance

acc

ount

abili

ty a

nd

tran

spar

ency

a.

Proc

urem

ent L

aw a

men

ded

to e

nsur

e co

nsist

ency

with

inte

rnat

iona

l bes

t pra

ctic

es

and

gove

rnm

ent-w

ide

effe

ctiv

e im

plem

enta

tion


Base

line

Stat

us

i.Au

dit L

aw a

men

ded

to in

clud

e re

port

ing

mec

hani

sm to

iden

tify

non-

com

plia

nt

inst

itutio

ns

(24

Mar

. 201

4) -

The

Audi

t Law

has

not

bee

n

amen

ded

and

pena

lizin

g pe

ople

has

not

m

entio

ned

in th

e Au

dit l

aw

ii. N

on-c

ompl

iant

inst

itutio

ns p

enal

ized

(24

Mar

. 201

4) -

The

SAO

reco

mm

enda

tions

ar

e im

plem

ente

d by

som

e in

stitu

tions

, mos

t of

the

inst

itutio

ns d

o no

t tak

e it

serio

us a

nd

don’

t app

ly it

i.

Depa

rtm

ents

resp

onsib

le fo

r the

cre

atio

n of

au

dit p

lans

est

ablis

hed

with

cle

ar te

rms o

f re

fere

nce

defin

ing

its sc

ope

of a

ctiv

ities

and

pr

ovid

ing

for r

egul

ar m

eetin

gs

(15

Dec.

201

3) -

Inte

rnal

Aud

it De

part

men

ts

esta

blish

ed w

ithin

all

of m

inist

ries,

but

they

do

n’t h

ave

a co

mph

rens

ive

audi

t pla

ns a

nd

term

s of r

efer

ence

ii.SA

O re

crui

ts a

udit

spec

ialis

ts to

staf

f int

erna

l au

dit a

nd o

vers

ight

dep

artm

ents

and

pr

ovid

es re

gula

r tra

inin

g

(15

Dec.

201

3) -

The

Inte

rnal

Aud

it de

part

men

ts d

oesn

’t ha

ve a

wel

l tra

ined

pe

rson

nel i

n co

nduc

ting

audi

ts, t

hey

are

the

ordi

nary

em

ploy

ees w

orki

ng a

s aud

itors

i.De

taile

d an

d in

-dep

th fi

nanc

ial a

nd

perf

orm

ance

aud

it co

nduc

ted

of A

RDS

(15

Dec.

201

3) -

Fina

ncia

l Aud

it Pe

rfor

man

ce

not c

ondu

cted

due

to la

ck o

f SAO

per

sona

l.

ii.

Deta

iled

and

in-d

epth

fina

ncia

l and

pe

rfor

man

ce a

udit

cond

ucte

d of

MoR

R,

incl

udin

g th

e po

tent

ial m

isuse

of f

unds

for

faci

litie

s, se

cond

ary

acco

unts

, sal

ary

adm

inist

ratio

n, a

nd th

e co

nstr

uctio

n of

sh

elte

rs

(15

Dec.

201

3) -

The

audi

t was

com

plet

ed

but t

he c

ompl

ete

repo

rt h

ave

not b

een

shar

ed w

ith M

EC so

far.

iii.

Deta

iled

and

in-d

epth

fina

ncia

l and

pe

rfor

man

ce a

udit

cond

ucte

d of

CTA

P,

incl

udin

g pe

rson

nel e

mbe

dded

in d

iffer

ent

min

istrie

s and

inst

itutio

ns

(15

Dec.

201

3) -

Fina

ncia

l Aud

it Pe

rfor

man

ce

not c

ondu

cted

due

to la

ck S

AO p

erso

nal

iv.

Deta

iled

and

in-d

epth

fina

ncia

l and

pe

rfor

man

ce a

udit

cond

ucte

d of

AIS

A,

incl

udin

g go

vern

ance

and

ove

rsig

ht

mec

hani

sms

(24

Mar

. 201

4) -

AISA

aud

it is

in p

rogr

ess,

no

t com

plet

ed y

et

v.

Deta

iled

and

in-d

epth

fina

ncia

l and

pe

rfor

man

ce a

udit

cond

ucte

d of

the

gove

rnm

ent f

unds

pro

vide

d to

the

Afgh

anist

an R

ed C

resc

ent S

ocie

ty

(24

Mar

. 201

4) -

Not

pla

nned

and

con

duct

ed

yet

35.

SAO

und

erta

kes d

etai

led

and

in-d

epth

fin

anci

al a

nd p

erfo

rman

ce a

udits

of k

ey

inst

itutio

ns o

n a

regu

lar b

asis

a.In

stitu

tions

are

iden

tifie

d, p

rirot

ized

and

au

dite

d ba

sed

on ri

sk fa

ctor

s

GO

VERN

MEN

T AU

DIT

AND

OVE

RSIG

HTIn

dica

tor

Targ

et

34.

b.Fu

nctio

ning

inte

rnal

aud

it an

d ov

ersig

ht

depa

rtm

ents

of g

over

nmen

t ins

titut

ions

Out

com

e

Enha

nced

inte

rnal

ove

rsig

ht c

apab

ility

a.Au

dite

d in

stitu

tions

follo

w S

AO

reco

mm

enda

tions


Base

line

Stat

us

i.

Mec

hani

sm d

evel

oped

and

impl

emen

ted

by

IEC

to id

entif

y al

l ele

ctio

n st

aff w

ho

part

icip

ated

in il

licit

activ

ities

in p

ast

elec

tions

(15

Dec.

201

3) -

IEC

has d

evel

oped

a

data

base

that

con

tain

s the

mai

n pa

rtic

ular

s of

all

form

er e

mpl

oyee

s and

con

trac

tors

of

IEC

who

wer

e in

volv

ed in

illic

it ac

tiviti

es in

th

e pa

st e

lect

ion.

The

dat

a us

ed to

ens

ure

that

IEC

staf

fs w

ho w

ere

invo

lved

in il

licit

activ

ities

in th

e pa

st e

lect

ion

are

not

recr

uite

d ag

ain.

ii.

All a

pplic

ants

(tem

pora

ry, p

erm

anen

t, an

d/or

vol

unta

ry) v

ette

d ag

ains

t list

of

indi

vidu

als w

ho a

llege

dly

part

icip

ated

in

illic

it ac

tiviti

es in

pas

t ele

ctio

ns

(15

Dec.

201

3) -

IEC

has d

evel

oped

a

data

base

that

con

tain

s the

mai

n pa

rtic

ular

s of

all

form

er e

mpl

oyee

s and

con

trac

tors

of

IEC

who

wer

e in

volv

ed in

illic

it ac

tiviti

es in

th

e pa

st e

lect

ion.

The

dat

a us

ed to

ens

ure

that

IEC

staf

fs w

ho w

ere

invo

lved

in il

licit

activ

ities

in th

e pa

st e

lect

ion

are

not

recr

uite

d ag

ain.

i.Tr

aini

ng p

lan

deve

lopd

and

impl

emen

ted

that

incl

udes

dire

ct tr

aini

ng b

y IE

C fo

r all

dist

rict l

evel

pol

ling

staf

f

(15

Dec.

201

3) -

The

key

staf

f mem

bers

of

the

polli

ng st

atio

ns a

re g

oing

to b

e tr

aine

d di

rect

ly b

y th

e fie

ld c

oord

inat

ors a

t the

di

stric

t lev

el w

hile

the

supp

ortin

g st

affs

of

the

polli

ng st

atio

ns a

re g

oing

to b

e tr

aine

d in

ea

ch p

ollin

g st

atio

n. T

o en

sure

that

the

elec

tion

staf

fs p

rope

rly u

nder

stan

d th

e el

ectio

n pr

oced

ures

and

eno

ugh

time

allo

cate

d fo

r pra

ctic

al w

ork,

par

ticul

arly

for

appr

opria

te u

se o

f ele

ctio

n fo

rms,

an e

xtra

da

y ad

ded

to a

ll tr

aini

ngs c

ompa

ring

to

prev

ious

ele

ctio

n.

ii.

Mon

itorin

g un

it es

tabl

ished

with

in th

e IE

C an

d a

mon

itorin

g pl

an c

reat

ed a

nd

impl

emen

ted

to o

bser

ve tr

aini

ngs a

nd

cond

uct s

pot c

heck

s

(15

Dec.

201

3) -

Effe

ctiv

e m

onito

ring

plan

pr

epar

ed a

nd im

plem

ente

d by

IEC.

Apa

rt

from

the

mon

itorin

g of

the

trai

ning

s by

field

co

ordi

nato

rs, t

he IE

C es

tabl

ished

a

mon

itorin

g un

it at

IEC’

s HQ

whi

ch is

re

spon

sible

for t

he m

onito

ring

of IE

C’s

trai

ning

pro

gram

s. M

ore

over

IEC

will

re

ques

t the

civ

il so

ciet

y an

d th

e H

uman

Ri

ghts

Com

miss

ion

to o

bser

ve th

e tr

aini

ng

proc

ess.

ELEC

TIO

NS

Indi

cato

rTa

rget

36.

a.Al

l per

man

ent a

nd te

mpo

rary

ele

ctio

n st

aff

are

vett

ed

b.Ef

fect

ive

polli

ng st

aff t

rain

ing

plan

cre

ated

an

d im

plem

ente

d

Out

com

e

Effe

ctiv

e ve

ttin

g an

d tr

aini

ng o

f ele

ctio

n st

aff


a.Ca

ndid

ates

regi

ster

thei

r cam

paig

n fu

nds,

asse

ts, a

nd e

xpen

ditu

res,

incl

udin

g th

eir

sour

cei.

Mec

hani

sm d

evel

oped

and

impl

emen

ted

by

MoF

and

IEC

to e

nfor

ce th

e le

gal

requ

irem

ent o

n re

gist

erin

g in

form

atio

n th

at

incl

udes

the

sour

ce o

f cam

paig

n fu

nds a

nd

asse

ts

(15

Dec.

201

3) -

Elec

tion

law

obl

iges

the

cand

idat

es to

regi

ster

thei

r mov

able

and

im

mov

able

ass

ets u

pon

issui

ng th

eir r

eque

st

for n

omin

atio

n in

the

elec

tion.

To

ensu

re th

e im

plem

enta

tion

of th

is pr

ovisi

on, t

he IE

C de

man

ded

the

cand

idat

es to

regi

ster

thei

r as

sets

usin

g th

e as

set r

egist

ratio

n fo

rm

prep

ared

by

IEC.

Acc

ordi

ng to

IEC,

all

cand

idat

es h

ave

info

rmed

the

IEC

of th

eir

asse

ts b

ut th

e re

al v

erifi

catio

n ha

s nev

er

happ

ened

. Acc

ordi

ng to

a n

ew L

ayeh

a, e

ach

cand

idat

e ha

s int

rodu

ced

a fin

anci

al

repr

esen

tativ

e to

IEC

and

open

ed a

ban

k ac

coun

t whi

ch c

an b

e us

ed fo

r his/

her

cam

paig

n ex

pend

iture

s as w

ell a

s for

the

rest

of

fina

ncia

l act

iviti

es d

urin

g th

e ca

mpa

ign.

b.Re

gist

ered

cam

paig

n fu

nds,

asse

ts, a

nd

expe

nditu

res a

re v

erifi

ed, i

nclu

ding

the

so

urce

i.

IEC

verif

ies c

ampa

ign

finan

ces i

n co

oper

atio

n w

ith H

OO

, FIN

TRAC

A, A

GO

, Sup

rem

e Co

urt,

MoI

(Maj

or C

rime

Task

For

ce; A

nti-

Corr

uptio

n U

nit;

and

Inte

rpol

Afg

hani

stan

), N

DS, R

egist

ratio

n De

part

men

t of P

rope

rtie

s (M

unic

ipal

ities

), M

AIL

(Dep

artm

ent o

f Pr

oper

ties)

, M

OFA

, MoJ

(Dep

artm

ent o

f Go

vern

men

t Cas

es),

MoF

(Dep

artm

ents

of

Taxe

s; S

alar

ies;

Pub

lic P

rocu

rem

ent;

and

Cont

ract

s), a

nd A

ISA.

(15

Dec.

201

3) -

The

sour

ces o

f inc

ome

and

asse

ts a

re n

ot v

erifi

ed y

et

c.Ef

fect

ive

over

sight

of p

oliti

cal p

arty

fina

ncin

gi.

Long

term

ove

rsig

ht a

nd a

udit

prog

ram

de

velo

ped

and

impl

emen

ted

for t

he

regi

stra

tion

and

verif

icat

ion

of in

com

e,

asse

ts, a

nd e

xpen

ditu

res o

f pol

itica

l par

ties

(15

Dec.

201

3) -

The

over

sight

and

aud

it pr

ogra

m h

as n

ot b

een

deve

lope

d.

The

regi

stra

tion

enfo

rced

but

the

verif

icat

ion

not

happ

ened

i.Ca

ndid

ates

mak

e an

ti-co

rrup

tion

pled

ges

(20

Apr.

2014

) - 2

014

pres

iden

tial c

andi

date

s la

rgel

y in

clud

ed a

nti-c

orru

ptio

n ag

enda

in

thei

r cam

paig

ns.

ii.El

ecte

d ca

ndid

ates

com

ply

with

the

anti-

corr

uptio

n co

mm

itmen

ts m

ade

in th

eir

cam

paig

n pl

atfo

rms

d.Ca

mpa

ign

com

mitm

ents

to a

nti-c

orru

ptio

n ar

e m

et

Polit

ical

cam

paig

ns a

re c

ondu

cted

tr

ansp

aren

tly a

ccor

ding

to th

e la

w37

.


Base

line

Stat

us

i.Co

mm

issio

n m

anda

te a

sses

sed

to id

entif

y ap

prop

riate

ness

of p

ublic

serv

ant

appo

intm

ents

man

agem

ent

(15

Dec.

201

3) -

IARC

SC re

form

pla

n un

der

revi

ew b

y O

AA.

ii.

Stra

tegy

for r

efor

m b

ased

on

asse

ssm

ent t

o en

hanc

e tr

ansp

aren

cy b

y pu

blish

ing

mee

ting

min

utes

and

ens

urin

g ap

poin

tmen

ts a

re

base

d on

mer

it

(15

Dec.

201

3) -

IARC

SC re

form

pla

n un

der

revi

ew b

y O

AA; u

ncle

ar to

wha

t ext

ent

targ

et m

et

i.IA

RCSC

ass

esse

s sta

ffing

pro

cedu

res i

n al

l in

stitu

tions

to c

heck

con

form

ity w

ith

recr

uitin

g pr

inci

ples

(15

Dec.

201

3) -

IARC

SC re

form

pla

n un

der

revi

ew b

y O

AA.

ii.

IARC

SC d

evel

ops m

echa

nism

to c

ondu

ct

audi

ts o

f sta

ffing

pro

cedu

res i

n pu

blic

in

stitu

tions

that

incl

udes

an

inve

stig

atio

n of

re

latio

nshi

ps o

f app

oint

ed o

ffici

als

(15

Dec.

201

3) -

IARC

SC re

form

pla

n un

der

revi

ew b

y O

AA.

iii.

Audi

t prio

ritiza

tion

incl

udes

app

oint

men

t of

dipl

omat

s, de

puty

gov

erno

rs, t

each

ers,

AGO

st

aff,

HOO

staf

f, AC

D st

aff,

and

all f

inan

cial

an

d pr

ocur

emen

t offi

cial

s

(15

Dec.

201

3) -

Audi

ts y

et to

be

cond

ucte

d,

but i

rreg

ular

ities

app

aren

t in

all a

reas

i.IA

RCSC

con

duct

s aw

aren

ess c

ampa

ing

amon

g ci

vil s

erva

nts t

o hi

ghlig

ht e

xist

ence

of

IARC

SC C

ompl

aint

s Boa

rd

ii.IA

RCSC

Com

plai

nts B

oard

pub

lishe

s and

di

ssem

inat

es it

s dec

ision

s and

repo

rts o

n in

vest

igat

ion

resu

lts o

nlin

e

iii.

All s

enio

r man

agem

ent m

ust i

nclu

de

impl

emen

tatio

n of

IARC

SC/C

ompl

aint

s Boa

rd

orde

rs in

ann

ual p

erfo

rman

ce p

lans

of s

taff

i.St

rate

gy d

evel

oped

and

impl

emen

ted

to

prov

ide

empl

oyee

s suf

ficie

nt sa

larie

s and

be

nefit

s to

sust

ain

them

selv

es

(15

Dec.

201

3) -

The

MO

F an

d IA

RCSC

hav

e de

velo

ped

a pl

an fo

r the

equ

aliza

tion

of

sala

ries f

or c

ivil

serv

ants

that

has

bee

n ap

prov

ed b

y th

e ca

bine

t and

the

MO

F is

plan

ning

to im

plem

ent i

t soo

n. T

he A

CD

subm

itted

a sa

lary

incr

ease

requ

est f

or it

s st

aff t

o th

e Pr

esid

ent i

n 20

12. U

ncle

ar

whe

ther

refo

rmed

sala

ries s

uffic

ient

or

appl

ied

univ

ersa

lly.

ii.

Stra

tegy

ens

ures

sim

ilar f

unct

ions

acr

oss

gove

rnm

ent r

ecei

ve si

mila

r sal

arie

s (ta

king

in

to c

onsid

erat

ion

leve

l of e

duca

tion,

wor

k ex

perie

nce,

skill

sets

, etc

.) to

redu

ce th

e pe

rcen

t of s

taff

paid

out

side

of g

over

nmen

t st

ruct

ures

(i.e

. non

-tash

kil s

taff)

(15

Dec.

201

3) -

The

MO

F an

d IA

RCSC

hav

e de

velo

ped

a pl

an fo

r the

equ

aliza

tion

of

sala

ries f

or c

ivil

serv

ants

that

has

bee

n ap

prov

ed b

y th

e ca

bine

t and

the

MO

F is

plan

ning

to im

plem

ent i

t soo

n. T

he A

CD

subm

itted

a sa

lary

incr

ease

requ

est f

or it

s st

aff t

o th

e Pr

esid

ent i

n 20

12. U

ncle

ar

whe

ther

refo

rmed

sala

ries c

ompa

rabl

e.

CIVI

L SE

RVIC

E AD

MIN

ISTR

ATIO

NIn

dica

tor

Targ

et

38.

b.Re

crui

tmen

t and

app

oint

men

t pro

cess

es

impl

emen

ted

base

d on

mer

it, fa

irnes

s and

tr

ansp

aren

cy

c.Ci

vil s

erva

nt m

iscon

duct

ass

esse

d ap

prop

riate

ly a

nd a

vaila

ble

disc

iplin

ary

mea

sure

s put

to u

se

d.Sa

lary

and

ben

efits

for c

ivil

serv

ants

ap

prop

riate

and

con

siste

nt

Out

com

e

Tran

spar

ent a

nd m

erit

base

d ci

vil s

ervi

ce

appo

intm

ents

and

per

form

ance

m

anag

emen

t

a.

Stru

ctur

e of

the

Civi

l Ser

vice

Com

miss

ion

revi

ewed

and

refo

rmed

to e

nsur

e tr

ansp

aren

cy, a

ccou

ntab

ility

and

effe

ctiv

e m

anag

emen

t


i.Ke

y go

vern

men

t pro

cess

es id

entif

ied

and

prio

ritize

d fo

r sim

plifi

catio

n

(15

Dec.

201

3) -

356

adm

inist

rativ

e pr

oced

ures

in si

x m

inist

ries h

ave

been

sim

plifi

ed, a

nd 5

0 m

ore

are

set t

o be

sim

plifi

ed in

201

4.

ii.

Sim

plifi

catio

n of

pro

cedu

res p

riorit

ized

for

build

ing

perm

its, p

ensio

ns, l

and

dist

ribut

ion

for r

epat

riate

s, id

entit

y ca

rds,

driv

er's

licen

ses,

exam

inat

ion

and

grad

uatio

n ce

rtifi

cate

s, an

d ad

dres

sing

publ

ic

com

plai

nts,

part

icul

arly

with

rega

rds t

o es

cala

ting

com

plai

nts t

o th

e at

tent

ion

of a

re

leva

nt m

inist

er

(15

Dec.

201

3) -

Step

s for

obt

aini

ng

resid

entia

l and

com

mer

cial

bui

ldin

g pe

rmits

as

wel

l as f

or th

e di

strib

utio

n of

com

mer

cial

la

nd h

ave

been

redu

ced,

but

im

plem

enta

tion

rem

ains

slow

. The

Pen

sion

Depa

rtm

ent o

f MO

LSAM

D ha

s aut

omat

ed

som

e pr

oced

ures

thro

ugh

a W

B-fu

nded

pr

ojec

t to

refo

rm th

e pe

nsio

n ap

plic

atio

n an

d pa

ymen

t pro

cedu

res.

Dist

ribut

ion

of

land

to re

turn

ees h

ampe

red

by b

urea

ucra

cy

and

illeg

al in

terf

eren

ce, i

nclu

ding

brib

ery

and

land

usu

rpat

ion.

50

adm

inist

rativ

e pr

oced

ures

are

set t

o be

sim

plifi

ed in

201

4,

incl

udin

g th

ose

for o

btai

ning

a d

river

's lic

ense

. Obt

aini

ng a

gra

duat

ion

cert

ifica

te

from

MoH

E ha

s bee

n sim

plifi

ed a

nd sh

ould

ta

ke tw

o to

thre

e da

ys, i

n pr

actic

e it

take

s m

uch

long

er.

i.

Map

adm

inist

rativ

e pr

oces

ses t

o id

entif

y un

nece

ssar

y pr

oced

ures

and

poi

nts o

f co

ntac

t tha

t offe

r vul

nera

bilit

ies t

o co

rrup

tion

(15

Dec.

201

3) -

356

adm

inist

rativ

e pr

oced

ures

in si

x m

inist

ries h

ave

been

sim

plifi

ed, a

nd 5

0 m

ore

are

set t

o be

sim

plifi

ed in

201

4.

ii.

Desig

n ne

w p

roce

sses

in c

lose

con

sulta

tion

with

affe

cted

inst

itutio

ns th

at e

limin

ate

the

iden

tifie

d de

ffici

enci

es a

nd u

tilize

mod

ern

tech

nolo

gy to

the

grea

test

ext

ent p

ossib

le

i.De

velo

p w

ritte

n pr

actic

es a

nd p

roce

dure

s an

d di

strib

ute

them

am

ong

civi

l ser

vant

s

(15

Dec.

201

3) -

The

IARC

SC h

as d

evel

oped

an

“Ad

min

istra

tive

Proc

edur

es S

impl

ifica

tion

Man

ual”

and

shar

ed a

cop

y w

ith M

EC th

at

incl

udes

det

aile

d st

eps o

n ho

w to

sim

plify

an

adm

inist

rativ

e pr

oces

s and

the

use

of n

eeds

as

sess

men

ts. U

ncle

ar w

heth

er th

ese

mea

sure

s are

spec

ific

enou

gh to

hig

hlig

ht

new

pro

cedu

res.

ii.Tr

aini

ng fo

r civ

il se

rvan

ts c

ondu

cted

(15

Dec.

201

3) -

The

IARC

SC h

as re

port

ed

that

it h

as a

pla

n fo

r pro

vidi

ng tr

aini

ng o

n ne

w p

roce

dure

s to

the

empl

oyee

s inv

olve

d in

pro

vidi

ng se

rvic

es to

the

peop

le a

nd w

ill

shar

e th

e ne

w p

roce

dure

s with

rele

vant

in

stitu

tions

.

a.Pr

iorit

y go

vern

men

t pro

cess

es id

entif

ied

for

simpl

ifica

tion

39.

c.En

hanc

ed u

nder

stan

ding

and

aw

aren

ess o

f ne

w p

roce

dure

s am

ongs

t civ

il se

rvan

ts

b.Ad

min

istra

tive

proc

esse

s sim

plifi

ed b

ased

on

prio

ritiza

tion

Sim

plifi

ed a

dmin

istra

tive

proc

edur

es th

at

redu

ce v

ulne

rabi

litie

s to

corr

uptio

n


i.Si

mpl

ified

pro

cedu

res d

epic

ted

in e

asily

un

ders

tand

able

man

ner

(15

Dec.

201

3) -

To d

ate,

all

legi

slatio

n ha

s be

en p

ublis

hed

on th

e M

OJ w

ebsit

e or

in th

e O

ffici

al G

azet

te (J

arid

a Ra

smi).

The

Di

rect

orat

e of

Pub

licat

ion

(Nas

hara

t) pr

ints

2,

000

– 5,

000

copi

es o

f new

legi

slatio

n ba

sed

on th

e ne

ed a

nd im

port

ance

of t

he

legi

slatio

n. T

hey

send

thes

e pu

blic

atio

ns to

al

l pub

lic in

stitu

tions

thro

ugho

ut th

e co

untr

y th

roug

h th

e M

OCI

T as

wel

l as p

rivat

e co

mpa

nies

.

ii.

Proc

edur

es fo

r mos

t im

port

ant p

ublic

se

rvic

es c

olle

cted

and

pub

lishe

d in

boo

k (e

.g.

gove

rnm

ent d

irect

ory)

, dist

ribut

ed fr

eely

an

d w

idel

y, a

nd re

gula

rly u

pdat

ed

e.Im

plem

enta

tion

of n

ew p

roce

dure

s m

onito

red

and

eval

uate

d fo

r effe

ctiv

enes

si.

Deve

lop

audi

t mec

hani

sm to

mon

itor

impl

emen

tatio

n of

new

pro

cedu

res

(15

Dec.

201

3) -

Disc

iplin

ary

mea

sure

s yet

to

be d

evel

oped

and

enf

orce

d.

40.

Proh

ibiti

on a

nd re

port

ing

of il

lega

l in

terf

eren

cea.

Inte

rfer

ence

in th

e w

ork

of p

ublic

bod

ies a

nd

offic

ials

expl

icitl

y pr

ohib

ited

thro

ugh

legi

slatio

ni.

IARC

SC a

nd O

AA d

evel

op le

gisla

tion

defin

ing

type

s of a

ctiv

ities

that

are

con

sider

ed

inap

prop

riate

inte

rven

tions

in p

ublic

ad

min

istra

tive

proc

esse

s

(15

Dec.

201

3) -

OAA

has

dra

fted

an o

rder

fo

r the

Pre

siden

t tha

t pro

hibi

ts th

e ill

egal

in

terf

eren

ce o

f all

inst

itutio

ns a

nd

indi

vidu

als,

but

the

orde

r was

nev

er si

gned

du

e to

the

incl

usio

n of

art

icle

s 1(7

), 1(

9) a

nd

1(15

) in

PD 4

5. H

owev

er, i

nter

fere

nce

cont

inue

s to

be ra

mpa

nt a

nd is

rare

ly

puni

shed

.

d.Aw

aren

ess o

f new

adm

inist

rativ

e pr

oced

ures

ra

ised

amon

g en

d us

ers


Base

line

Stat

us

i.

Prov

inci

al B

udge

ting

Polic

y dr

afte

d by

MoF

w

ith c

lose

coo

pera

tion

of M

OEC

and

IDLG

th

at in

corp

orat

es a

n ex

plic

it ro

le fo

r PDC

s in

the

prio

ritiza

tion

of b

udge

t ite

ms

(01

Feb.

201

4) -

PBP

deve

lope

d by

MoF

with

cl

ose

coop

erat

ion

of M

oEC

and

IDLG

and

af

ter c

onsu

ltatio

n w

ith M

EC th

e co

mm

ents

of

MEC

incl

uded

in th

e po

licy

ii.

Cros

s-re

port

ing

over

sight

mec

hani

sm

deve

lope

d th

at re

quire

s MoF

to re

port

on

the

rate

s of b

udge

t exe

cutio

n to

the

prov

ince

s and

pro

vinc

es to

pro

vide

the

MoF

w

ith a

sses

smen

ts o

f the

bud

get e

xecu

tion

iii.

Prov

inci

al B

udge

ting

Polic

y ap

prov

ed b

y th

e co

unci

l of t

he m

inist

ers

(19

Mar

. 201

4) -

The

polic

y ha

s not

bee

n ap

prov

ed b

y th

e Co

unci

l of M

inist

ers y

et

b.

Stre

ngth

ened

cap

acity

of p

rovi

ncia

l de

velo

pmen

t com

mitt

ees t

o ac

tivel

y pa

rtic

ipat

e in

the

budg

etin

g pr

oces

s and

ov

ersig

ht

i.

MO

F an

d ID

LG d

eliv

er a

nnua

l bud

getin

g

proc

cess

trai

nigs

in th

e le

ad u

p to

the

budg

etin

g pr

oces

s for

the

prov

inci

al p

artn

ers

iden

tifie

d in

the

Prov

inci

al B

udge

ting

Polic

y

(15

Dec.

201

3) -

Acco

rdin

g to

MO

F, th

ey

have

con

tinuo

usly

pro

vide

d re

quire

d tr

aini

ngs f

or p

rovi

nces

on

the

budg

etin

g pr

oces

s and

acc

ordi

ng to

bud

get d

irect

orat

e of

MoF

A, th

e PD

Cs d

o ha

ve th

e ca

paci

ty to

fu

lfill

thei

r res

pons

ibili

ties i

n th

is re

gard

BUDG

ET A

CCO

UN

TABI

LITY

Indi

cato

rTa

rget

41.

a.Pr

ovin

cial

Bud

getin

g Po

licy

deve

lope

d an

d ro

adm

ap fo

r its

impl

emen

tatio

n ag

reed

Out

com

e

Stre

ngth

ened

ove

rsig

ht a

nd a

ccou

ntab

ility

th

roug

h pr

ovin

cial

eng

agem

ent i

n th

e bu

dget

ing

deve

lopm

ent p

roce

ss a

nd

impl

emen

tatio

n

MEC

Independent Joint Anti-Corruption

Monitoring and Evaluation Committee

www.mec.af

www.twitter.com/IJAMEC

www.facebook.com/mec.afghanistan

Documents

SIXTH SIX-MONTH REPORT (January 1, 2014 - June …...SIXTH SIX-MONTH REPORT (January 1, 2014 - June 30, 2014) September 7, 2014 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION