Brought to you by The Memory Hole www.thememoryhole.org/state/future_of_iraq/ UNCLASSIFIED RELEASED IN FULL pM The Future Of Iraq Project Transparency and Anti-Corruption Measures Working Group UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD DATE/CASE 1D: 22 SUN 2005200304121 UNCLASSIFIEDUNCLASSIFIED The Future Of Iraq Project Transparency and Anti-Corruption Measures Working Group UNCLASSIFIEDSs TTT TT UNCLASSIFIED Transparency and Anti-Corruption Measures Working Group ‘TABLE OF CONTENTS, Tabi: ‘Compliance Tab 2: * Legal Standards ‘Tab 3: * Legal Standards (Arabic) Tab 4: * Outline Tab 5: * Task Force and Anti-Corruption Commission Tab 6: * Iraqi Code of Ethics Tab 7: * Anti-Corruption Suggestions Tab 8: Monitoring and Investigation Tab 9: Role of Media Tab 10: Media and Information (Arabic) Corruption and Transparency Tab12: Current State of Corruption Tab 13: How to Stop Corruption Tab14: Corruption as a Cancer Tab 18: _Antl-Corruption Strategies Tab 16: Administrative Corruption (Arabic) . ‘Tab17: _Ant+Corruption Recommendations (Arabic) UNCLASSIFIEDUNCLASSIFIED Transparency and Anti-Corruption Measures Working Group Tab 18: Tab 19: Tab 20: Tab 21: Tab 22: Tab 23: Tab 24: Tab 25: Tab 26: Tab 27: TABLE OF CONTENTS CONTINUED Iraqi Laws Regarding Public Funds (Arabic) Program to Combat Administrative Corruption (Arabic) Corruption in fraq Future Impediments and Ways to Reform Institutions (Arabic) Iraqi Government Anti-Corruption and Ethics Program (video script) Iraqi Goverament Anti-Corruption and Ethies Program (programs guidetines) ‘Trainer's Guide for the Introduction of the Iraqi Government Anti-Corruption and Ethics Program Public Awareness Media Subcommittee Presentation Organized Crime in Iraq & Starting a Police Force State Building (Arebic) (*) Reflects consensus of the participants in the working group. Other papers reflect the views of their authors. UNCLASSIFIED—$————— $a UNCLASSIFIED Description of Anti-Corruption Compliance program ‘There is a need to refocus the pre-existing Iraqi Anti-Corruption Laws for public officials, employees and representatives through an Anti-Corruption Compliance Program. This is fundamental to reshaping the way that the Iraqi people regard their government. This requires that transparency and integrity be instilled in public officials, employces and representatives. The Working Group on Transparency and Anti- Corruption proposes the following program: 1. Create the standards and anti-corruption procedures for public officials based on the following: a. The Model Code of Conduct (see Attachment A), b, The Code of Conduct for Doing Business with the Iraqi Government Offcits, Employees and Representatives (see Attachment B), and c. The existing penal code (see Attachment C), 2. Create an oversight group to be called the Anti-Corruption Task Force to oversee the Anti-Corruption compliance program according to the guidelines for operation of the Task Fores (Attachment D). The Task Force shall be authorized by the interim government, 3, Use care inthe delegation of authority to members ofthe Anti-Corruption Task ‘Force choosing members known for integrity and honesty; 4, Create a communications and training program for all public officials, employees and representatives that includes # video, « train the trainer guide and a hotline; 5. Implement procedures for monitoring, auditing and reporting including using ‘auditors as part of the anti-corruption task force; and auditing and monitoring the hotline complaints, 6. Consistently enforcing the recommendations of the Anti-Corruption Task Force ‘through investigations leading to referrals of cases to the investigating judge who can then refer the case to the competent court or close the file; and 7. Continuously improving the compliance program through feedback and monitoring. UNCLASSIFIED——————— $e UNCLASSIFIED ‘Anc-Corraption Compliance Program Proposal Purpose: The Transpareacy and Anti-Coruption Working Group proposes to create an ‘ani-correption compliance program forthe training ofall public officals, employees and representatives. Deliverable 1. Workplan 2. Spirit ofthe Code Anti-Comuption Brochure 3. AModel Code of Conduct for public officials, employees and representatives ‘aligned with existing law 4, Training materials ‘8. Video (including a script) b. Overheads ©. Hardcopy presentation ‘Trin the Trainer Guide Hotline Brochure or Wallet Card Guidelines for the Anti-Corruption Task Foroe Operation ‘Cartification Form for signing by all public officals, employees and representatives: ‘A Code of Conduct for those doing business with the Iraqi Government public officials, employees and represematives. UNCLASSIFIEDUNCLASSIFIED Budget 12-15 mimute video in Arabic (including three vignettes on 20,000 the use of goverament propery, bribery and confidentiality jn government contracting and bidding process) English and Kurdish subtitles $3,000 Cost of the Secretarial Assistance in laying out prototype $500 ‘brochures Total Cost $23, 500 UNCLASSIFIEDTT TTT UNCLASSIFIED Transparency and Anti-Corruption Working Group Legal & Standard Committee T have received many reports from members of the Legal and Standards Committee dealing with the proposed code of conduct for Iraqi Public officials. 1 prefer to give definition of public official and then divide the subject into following categories:- 1) Definition of Public Official 2) The Crime Committed by Public Officials provided by the Iraq! Penal Code No. 111 of 1969 aud its amendments. 3) Aral code of purity of the public Authority No. 106 of 1967 and its amendments. 4) Model Code of Conduct for Iraqi Publlc Officials 5) Task Force and Anti-Corruption Commissions. 1) Definition of Public Officials. Iragi penal code defines Public Official in Article (19) para (2) as follows;- “any official, officer or employee to whom a Public Service is assigned to work with the government and its public and semi public offices and anybody belongs to or works under its supervision including Prime Minister, his deputies, ministers, members of parliament, Administration and: Municipality and including also the Arbitrators, experts, creditors’ agents, liquidators, receivers, Directors, and managing, directors and employees of establishments, companies, societies, and any groups and establishments being the govemment participates in any share in its capital and in ‘general any paid or unpaid person to whom a public service is assigned to him”. 2) The crimes committed by Public Officials provided by Imqi Penal Code No. 111 of 1969 and its amendments; | divided the crimes committed by public officials provided by Iraqi penal code into ‘two categories as follows:~ 8) Thecrimes against the National Economy. The igi Penal Code deals with the crimes against the National Economy in section five Article 304-306 and considers such crimes commited by Public Officials as an aggravating circumstances and punishes them by imprisonment for not more than seven years pursuant to Article 304 of Iraqi Penal Code. UNCLASSIFIEDUNCLASSIFIED ¢ Crimes against the Public Administration ‘The Tragi Penal Code deals with the crimes against the Public Administration in chapter six consists of three sections from Article 307 to 341. 1) Section one deals with the crimes of Bribery from Article 307-314 of Iraqi Penal Code and defines the Bribery in Article 307 as follows:- “any public official or any person to whom a public service is assigned who solicits cor accepts for himself/herself or for another person, a donation, an advantage of any kind or a promise or anything of the like inorder to commit or omit an actin violation of the duties of his/her function...” 2) Section two deals with Embezzlement from Article 315-321 and defines the Embezzlement in Article 315 as follows:- any public official or any person to whom a public service is assigned and who embezzles funds or goods and title document or any thing in his/her possession”. 3) Section three deals with the Abuse the Public Officials their authorities from Article 322-341 of Iraqi Penal Code in which the said Code defines many cases of abusing of Function and Authority such as;- 1. Arrests any person or imprisons hinvher without any authority provided in the law (Article 322). 2. punishes any person or orders to punish such person with severer than the punishment that he was sentenced or a punishment to which he was not sentenced at all with hig/her knowledge that such sction is against the law (Article 323). 3. _ imprisons any person without warrant issued by the competent authority or to refrain from executing the order of releasing him or to hold the said person therein after expiry of the sentences' period (Article 324). 4. employs unpaid person in works are not related to public benefit designated by the law, regulation or the necessity of the relevant circumstances (Article 325), 5. enters any person's house or shop without the consent of the concemed person in cases other than those provided for by the law or without complying with the procedures stipulated therein (Article 326), 6. discloses any information acquired by him /her in the course of his/her employment to any person should not pass such information to him and the punishment shall be imprisonment if such information being disclosed by the contractor, employers, agents or its employees who made the contracting with the government (Article 327). 7. opens, destroys or hides a letter or a telegram which was entrusted to the said administrations, or who facilitates that for another person, or who discloses a sccret that was included in said letter, telegram or telephone conversation. (Article 328). UNCLASSIFIED