Project Title

Implementation of the APEC Code of Conduct for Business (Integrity and Transparency Principles for the Private Sector) 

Project Year

2011   

Project Number

ACT 1 

Project Session

Session 2   

Project Type

Standard 

Project Status

Completed Project   
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Project No.

ACT 02 2011A 

Project Title

Implementation of the APEC Code of Conduct for Business (Integrity and Transparency Principles of the Private Sector) 

Project Status

Completed Project 

Publication (if any)

 

Fund Account

APEC Support Fund 

Sub-fund

ASF: General Fund 

Project Year

2011 

Project Session

Session 2 

APEC Funding

95,000 

Co-funding Amount

25,000 

Total Project Value

120,000 

Sponsoring Forum

Anti-Corruption and Transparency Experts Working Group (ACTWG) 

Topics

Anti-Corruption; Transparency 

Committee

SOM Steering Committee on Economic and Technical Cooperation (SCE) 

Other Fora Involved

Not Applicable / Other 

Other Non-APEC Stakeholders Involved

Not Applicable

Proposing Economy(ies)

Philippines 

Co-Sponsoring Economies

Australia; Brunei Darussalam; Chile; Thailand; Viet Nam 

Expected Start Date

08/07/2011 

Expected Completion Date

31/12/2012 

Project Proponent Name 1

Atty. Maricel M. Oquendo 

Job Title 1

Assistant Ombudsman, PACPO 

Organization 1

Office of the Ombudsman 

Postal Address 1

PACPO, G/F, Office of the Ombudsman Bldg., Agham Road, Diliman, Quezon City, Metro Manila, Philippines 

Telephone 1

(+632) 926 87 84          

Fax 1

(+632) 426 77 48 

Email 1

eabaliton@gmail.com, pdnoffice@yahoo.com 

Project Proponent Name 2

Not Applicable 

Job Title 2

Not Applicable 

Organization 2

Not Applicable 

Postal Address 2

Not Applicable 

Telephone 2

Not Applicable 

Fax 2

Not Applicable 

Email 2

Not Applicable 

Declaration

Evelyn A. Baliton 

Project Summary

The purpose of this project is to implement and improve on the APEC Anti-Corruption Code of Conduct for Business. Building on the Pathfinder Project under the leadership of Australia, and other related activities, the project will develop and strengthen the dynamism of Micro, Small, and Medium Enterprises (MSMEs) within a targeted sector. It will implement the Code through the holding of a seminar attended by government, regulatory officials, business sector particularly the business sector, academe, civil society organizations, chambers of commerce. The Seminar will seek to educate these bodies about their responsibilities under domestic law and the code as well as providing assistance for SMEs to implement the code.

Prior to the conduct of the forum, the project will introduce a new baseline tool that will help in qualitatively measuring the operationalization of the Code of Conduct in respective organizational contexts of APEC member economies. Results of the baseline study will be discussed during the seminar.

The project aims to increase awareness among SMEs that corruption is an unacceptable practice according to law and best practice standards. Through increased awareness and capacity-building, participants will be empowered to build a culture of lawfulness and an intolerance of corruption among the private sector. It will also enhance the ability for participants to implement anti-corruption codes of conduct within their organizations. SMEs will be empowered on anti-corruption laws and standards within their own economies. This is specially through the workshop on designing an operationalization programme, which will cover three (3) levels: national, business chambers/industry-wide, and firm level.

The 2-day seminar will be implemented in the Philippines in February 2012.

Relevance

Corruption undermines fair competition, stifles economic growth and political development, and jeopardizes business and investment opportunities. Considered as one of the factors contributing to the global financial crisis, corruption in both the public and private sectors is evidently a major stumbling block towards the achievement of APEC’s goal of regional economic integration through free and open trade and investment.

Corruption truly prevents the efficient allocation of resources devoted to economic and social development by undermining the effectiveness of investment and aid and distorting government expenditure. The implementation of the APEC Code of Conduct for Business is an important step in combating corruption in the public and private spheres. The project aims to focus on the Micro, Small, and Medium Enterprises (MSMEs) acknowledging the importance of effective and transparent governance in this sector. MSMEs figure significantly in both developed and developing economies in the Asia-Pacific region. By training representatives from APEC member economies on the Code of Conduct, stronger business integrity and transparency could be practiced by institutions in APEC member economies.

Objectives

·         implement the APEC Anti-Corruption Code of Conduct for Business Sector through the strengthening of institutional capability of MSMEs ·         increase awareness that corruption is an unacceptable practice according to law, as well as strengthen civil society within the private sectors of APEC member economies. ·         enhance the ability of APEC economies, partner organizations, regulatory bodies, and industry representatives to implement anti-corruption laws and standards within the host economy.

To facilitate the attainment of these objectives the seminar will be have four (4) main components.  It will start with a presentation of the Global Corruption Report 2009 of Transparency International to make a business case for building integrity and adoption of codes of conduct for the private sector.  This will be followed by an overview of international anti-corruption instruments, such as the United Nations Convention Against Corruption, Global Compact, Anti-Bribery Convention of the Organisation for Economic Co-operation and Development, and the APEC Anti-Corruption Plan of Action.  After an overview of the APEC Code of Conduct for Business and Business Integrity and Transparency Principles for the Private Sector, each principle of the Code will be discussed, with sharing of country case studies of pilot economies (Chile, Vietnam, and Australia), baseline reports of participating member economies, implementation recommendations will be formulated by the participants for critiquing by the experts/resource persons.  A final component will introduce participants to designing an operationalization programme which will cover three levels: national, business chambers/industry-wide, and individual firm level.

Alignment

APEC Leaders in their Santiago Commitment declared that “Corruption is a serious threat to good governance and deters investment. Therefore fighting corruption is essential to the development of APEC economies for the benefit of the people.” Through the Code of Conduct for Business, APEC Leaders highlighted that addressing corruption in both the public and private sector is of crucial importance. APEC Ministers reinforced that they ‘attach high priority to fighting corruption...and endorsed a model Code of Conduct for Business’, which they encouraged all economies to implement.

The project directly supports the Action Plan in the APEC Leaders’ Growth Strategy. By targeting the MSME sector, the project will contribute to efforts in the promotion and development of MSMEs. It also impacts the secured growth attribute of the strategy. Leaders declared that in the path towards a secure community, “APEC will continue its efforts to fight corruption and promote transparency,” as well as emphasized that efforts to combat corruption and illicit trade and improve governance should be strengthened.

TILF/ASF Justification

Developing economies will be able to draw lessons learned and best practices from the baseline information and data on current laws and practices which are compliant with the APEC Code of Conduct for Business.

Workshops will be administered during the seminar whereby participants from developing economies will be able to share experiences and obtain advice from resource persons and experts on the implementation of the Code for adaptation and compliance monitoring in their respective economies.

Beneficiaries and Outputs

As member economies have different laws and institutions promoting MSMEs, there will be prior research on the most strategic government ministries or institutions that have the mandate of overseeing the promotion and growth of MSMEs.  This will be set as one of the criterion for the target participants of the seminar.  This means that only those ministries/institutions overseeing MSMEs of the priority sectors will participate.  Overseeing mandates cover promotion, regulation, financing, research and technology development and human resource development.  Consequently, results of the seminar would be immediately beneficial to these ministries and institutions, which are strategically positioned to make policy changes, consolidation of current efforts and effect adaptation of the code by sector.  

The capacity of beneficiaries, including regulatory agencies, industry organizations, business chambers, and civil society organizations, to comply with and operationalize the Code will be enhanced.  This will be done through the workshop on the designing of an operationalization programme, which would cover national policies (e.g. national legal framework, chambers policies and practices at the firm level).  The Operationalization Programme Design (plan of action), which is envisioned as the output of the seminar will be packaged as a knowledge product.  As a knowledge product, the data and information will be properly indexed by provision of the code, sector and by member economy.  This will tailor fit the knowledge product to all potential users, which will be made readily accessible in the internet.

Dissemination

Dissemination of the Project will include at least twenty-one (21) hard copies of the following: (1) Consolidated Baseline Report; (2) Seminar Proceedings; (3) Video documentation; and (4) Evaluation Report. Likewise, the said documents will be made available at the APEC website.  The target audience of the published documents will include the twenty-one (21) member economies, including other interested organizations. At this stage, there is no intention to sell outputs arising from the Project. Finally, media releases within the host economy and sponsoring economies are being considered as part of the dissemination plan.

Gender

-  The project will ensure that the policy of equal opportunity shall be observed thru the following:

(1) Membership in the Steering Committee shall include women representatives;

(2) Women representatives in participating member economies;

(3)  Project shall identify sex disaggregation data of participants.

       Insofar as benefits are concerned:

(1) The Project shall involve women’s groups in the planning and implementation;

(2) Target beneficiaries include women engaged in MSMEs;

(3) Results of the project shall be made available to women’s groups; and

(4) Design of the operational program shall be culturally and gender sensitive.

Work Plan

The APEC Leaders noted in the Santiago Commitment that corruption is a serious threat to economic growth, and implementing systems to fight corruption is vital to sustained economic development and prosperity.  Corruption prevents the efficient allocation of resources devoted to economic and social development and prosperity.  Corruption prevents the efficient allocation of resources devoted to economic and social development by undermining the effectiveness of investment and aid and distorting government expenditure.  The Leaders have also emphasized the importance of SMEs and urged member economies to make every effort to develop and implement measures to improve their competitiveness, innovativeness and entrepreneurship.  The reduction of corruption in the SME sector is critical to improve the competitiveness, innovativeness, and entrepreneurship of SMEs. 

Through the Code, the APEC leaders highlighted that addressing corruption within the private sector is important.  In a statement from the 2007 APEC Ministerial Meeting, APEC Ministers reinforced that they ‘attach high priority to fighting corruption...’ and ‘endorsed a model Code of Conduct for Business’ which they encouraged all economies to implement.  They welcomed agreement by Australia, Chile, and Viet Nam to pilot the implementation of the Code in their private sectors, particularly within their SMEs.  Further, in the 2007 APEC Leaders Statement, the Leaders reaffirmed their commitment to combating corruption and promoting good governance in order to build prosperity and predictable behaviour in the business environment.  This was reiterated in The APEC Leaders’ Growth Strategy, adopted on 14 November 2010, which seeks to provide secure growth by improving the overall environment for doing business and promoting good governance through combating corruption and promoting transparency in both the public and private sectors. In 2008-2009, Australia, Chile and Vietnam, implemented a pathfinder project for the implementation of the code.  The project’s key objectives include:

i.      Increasing awareness that corruption is an unacceptable practice according to law and strengthen civil society within the private sectors of both developed and developing nations

ii.    Provide education to a targeted group of SMEs on corruption, through seminars based on the

APEC Code of Conduct for Business

iii.   Enhance the ability for economies, partner organisations, law enforcement bodies, and industry representatives to implement anti-corruption laws and standards with the host economy. 

For 2011, a follow up project is proposed to build on the Pathfinder Project under the leadership of Australia, and help further develop and strengthen the dynamism of Micro, Small, and Medium Enterprises (MSMEs) within targeted sectors. It will implement the Code through the holding of an empirical-based seminar attended by government, regulatory officials, business sector, academe, civil society organizations, chambers of commerce. The Seminar will seek to educate these bodies about their responsibilities under domestic law and the code as well as providing assistance for SMEs to implement the code.

Prior to the conduct of the forum, the project will introduce a new baseline tool that will help in qualitatively measuring the operationalization of the Code of Conduct in respective organizational contexts of APEC member economies. Results of the baseline study will be discussed during the seminar.

The baseline tool will serve as an instrument to gather data and information on how the code was implemented by the member economies.  The tool will require specific information on actual progress of its implementation as described in the following format:

Status of Implementation of the Code

By member economies

Member Economy: ____________________

Sector: ________________________________

Provisions of the Code by Section

Domestic Policies, programs, systems and practices introduced

Supporting Documents

(Cite Source/s)

Collated information will be immediately used by seminar participants in order to substantiate discussions on the core provisions of the code.  Discussions then will be brought down to operational level as experienced by member economies.  Also through the interactions, exchange of information among participants representing different economies and sectors will benefit in terms of the best practices that will be generated using the tool.  From among these best practices may be drawn synergistic linkages across sectors and member economies promoting mutually beneficial practices and bolstering complementary efforts in the expanded implementation of the code toward achieving domestically viable and internationally competitive MSMEs among the member economies. 

The wider replication of the seminar across sectors of member economies, will result to further development of the code over time.  The continuous use of the tool will ascertain an empirical-based development of the code.  The outcome of the continuous use of the tool would enrich standards of the code, which could be applicable and relevant across sectors and across member economies.  

The process of amending the code could be set off based from the results and analysis of information and data gathered from the use of the tool.  Thus, it is suggested that the member economies that piloted the seminar adopt the use of the tool as a prerequisite for the conduct of similar seminars in the future. 

Initial sectors to be covered by the seminar are MSMEs involved in agribusiness, industry, services, and consumer products, which have the strong potential and capability to grow and expand globally into competitive enterprises.  Strategic MSMEs representing these sectors will be identified by business chambers of member economies.  During the seminar, the workshops will be aimed at interpreting the provisions of the code and identifying their applicability and relevance to each of these priority sectors taking into consideration the variable social, economic and legal-political environments of each sector.  As earlier mentioned, the practical meaning of each provision of the code will be substantiated and supported by the status and progress of the Code Implementation in member economies that will be gathered through the use of the baseline tool.  The workshops will be designed specifically to persuade sectors represented by member economies to adopt/adapt the code sector by sector.  Proceedings of the workshops on the feedback, reactions, insights and comments of the participants on the code would help in further assessing and further developing the code.

Indeed, there will be general discussions on responsibilities under domestic laws governing the priority sectors that will be raised both in the baseline tool and the workshops.  The purpose is to draw up some common learning, insights and best practices that are promoting and bolstering the code implementation and compliance. 

TIMELINE

ACTIVITY

PARTICIPATION OF MEMBER ECONOMIES, BENEFICIARIES, ETC.

EXPECTED OUTPUTS

June, July, August 2011

Full blown project proposal Development and Approval Process by APEC. Full-blown proposal is circulated to ACTWG for comments, which can be done inter-sessionally or during SOM 2.

Member economies to accomplish Quality Assessment Framework (QAF)

QAF Assessment

Approved full blown project proposal

Notification of Approval from Secretariat

Signed Letter of Acceptance by Project Proponent

September 2011

Set-up Host Economy Steering Committee

-Office of the Ombudsman

-Department of Foreign Affairs

-Securities and Exchange Commission

-Department of Trade and Industry

-business groups representing the Private Sector in the National Competitiveness Council

-civil society (academe, women’s group)

Memorandum of Understanding

September 2011

Send out tender for service provider

Short list of possible service providers approved by the Steering Committee

September, October, November 2011

Disseminate invitations and baseline tool (measuring operationalization [laws, current practices] of the code of conduct to participants from APEC member economies)

Note: For APEC Code of Conduct for Business pilot economies Chile, Vietnam, and Australia, invitees will consist of one (1) expert/resource person, and one (1) participant per economy

Participants from member economies to accomplish, as pre-registration requirement, the baseline tool

Confirmed list of invitees

Accomplished  baseline tool

October, November 2011

Approve and contract Service Provider

Recommended Service provider with supporting documents such justification for the choice, CV and Terms of Reference

Approved Service Provider by the APEC Secretariat

Contract of Service Provider from APEC Secretariat

November 2011

Service Provider to consolidate baseline data and prepare  report

Consolidated baseline report

November 2011

Service Provider, in coordination with APEC Secretariat, to identify and confirm venue

Service Provider, in coordination with APEC Secretariat, to arrange travel and accommodations of participants

Venue provider contracted

Accommodations and travel arranged

November 2011

Prepare and disseminate Seminar Programme, plenary and workshop guides

Participants from member economies to comment on the Seminar Programme

Approved Final Seminar Programme by the Steering Committee

Plenary and Workshop Guides

November, December 2011

Steering Committee to identify and invite resource persons/experts

e.g.

Transparency International (Germany)

UN Office on Drugs and Crime

Organisation for Economic Co-operation and Development

UN Industrial Development Organization

(Paper: Corruption prevention to foster small and medium-sized enterprise development, Vienna 2007)

Asia Pacific Economic Cooperation

Philippine Chamber of Commerce and Industry – Global Compact Principle 10

Country Cases from APEC Code of Conduct for Business pilot (co-sponsoring) economies (Chile/Vietnam/Australia)

List of confirmed resource persons/experts

December 2011 -  January 2012

Coordinate with resource persons/experts for paper/presentation preparation

Papers/Presentations submitted

January 2012

Develop, reproduce, and package seminar kits

Seminar Kits

January 2012

Prepare and disseminate press release and info packs on the seminar

Press release, info packs disseminated

February 16-17, 2012

Conduct seminar

Participants from member economies to share baseline results

Participants from member economies to accomplish post seminar evaluation form

Participants from member economies prepare re-entry plans

Seminar conducted

Video documentation

Accomplished Post Seminar Evaluation Forms

Operationalization Program Design  (national, chamber, and firm level)

February –March 2012

Prepare evaluation report by Service Provider

Submit evaluation report to APEC Secretariat for feedback and further evaluation

Final Evaluation Report approved by the Steering Committee

Acknowledgment and feedback report from the APEC Secretariat

Evaluated Report, pictures, and video documentation posted at APEC website

March 2012

Develop, polish and package terminal report and knowledge products (Consolidated Baseline Report, Seminar Proceedings, Video documentation and Evaluation Report)

Establish e-group of participants, resource persons, and experts

Participants from member economies send acknowledgment and feedback

Published terminal report and knowledge products

Functional E-group

Risks

Risks

Degree of Impact

Mitigating measures

1.  Poor quality of outputs of Service provider

High

Clear standards and well-defined requirements in the terms of reference

Providing adequate time in the tendering process

Multi-stakeholders’ participation in the Steering Committee in the vetting process for Service provider

2.  Low turnout of participants

Medium

Providing ample time in inviting participants

Contracting a Service Provider to follow up on the attendees, as part of his/her deliverables

3.  Relevance of the seminar to the participants

Low

Rationalized identification of participants

Designing a more focused programme

Consulting participants  on  current  frameworks and practices to establish baseline for discussion of the Code of Conduct

Monitoring and Evaluation

Indicators

Means of Verification

Mode of Collection

1.  Number of confirmed participants and their distribution as to economic status and gender

-   Confirmation slips

Retrieval of confirmation slips from the email

Review of distribution

2.  Number of submitted accomplished baseline form;

-   Accomplished baseline form

Retrieval of accomplished baseline form from the email

3.   Number of country/agency papers submitted;

-   Submitted papers

Retrieval of country/agency papers from the email

4.   Operationalization Programme Design

-   Document of operationalization programme design

Collation of recommended operationalization program design for national, chamber, and firm-level

5.   Positive feedback from participants;

Accomplished evaluation form

Review of accomplished evaluation forms

Linkages

Representatives  of other international organizations, such as the United Nations Office on Drugs and Crime, Organisation for Economic Co-operation and Development, UN Office on Drugs and Crime, UN Industrial Development Organization, will be invited to participate as resource persons/experts during the seminar. 

Members of the APEC Business Advisory Council and the Small and Medium Enterprises Group, who were actively involved in the pathfinder project on the Code, will be invited to participate in the seminar. 

The beneficiaries will be government agencies, industry organizations, MSMEs, chambers of commerce, regulatory agencies, academe and civil society organizations, local community and business groups of APEC member economies.

The proposed project builds on the learnings and activities from the Pathfinder Project launched by Australia, and localization activities in Chile and Viet Nam. It will also build on the learnings from the Singapore project implemented under the ACT entitled Governance in Public and Private Sector & Impact on Anti-corruption.

The APEC is most appropriate organization to fund this project because the Code of Conduct for Business is its very own product and it has a stake in its promotion and operationalization in member economies in order to push forward its agenda for secure growth.

Sustainability

Built into the seminar design is the development of knowledge products, such as the operationalization program designs at three levels (national, chamber, firm), which will facilitate further operationalization and compliance monitoring and evaluation of the Code in member economies.

Dissemination of the knowledge products and posting in the APEC website for all to access, specially member economies, will help carry forward the results and lessons learned from the project. The e-group, which includes not just participants but resource persons and experts as well, will further enhance information exchange.

Through the operationalization program design, the Code will be cascaded to member economies.  In the future, the APEC Policy Support Unit may perhaps develop a handbook for voluntary review on the implementation of the operationalization program design.

Project Overseers

Assistant Ombudsman Evelyn Almogela-Baliton rose from the ranks and is at present the Assistant Ombudsman of Public Assistance Corruption and Prevention Office (PACPO) under the Office of the Ombudsman.  As such, she is at the helm of managing the public assistance function of said constitutional body.   Atty. Baliton is currently supervising four (4) bureaus under her watch, namely the Public Assistance Bureau (PAB), Community Coordination Bureau, (CCB), Bureau of Resident Ombudsman (BRO) and Research and Special Studies Bureau (RSSB).

In addition to such responsibility, Atty. Baliton also devotes her knowledge and skill in promoting the National Anti-Corruption Program of Action (NACPA) as Chairman of its Secretariat.  The NACPA is a collective response of the different sectors of the Philippine society to address corruption problems in the country.  It was conceived as early as 2005 to fight corruption in support of the achievement of the government commitment and targets in both the Medium Term Philippine Development Plan (MTPDP 2008-2012) and the Millenium Development Goals (MDGs 2000).  At present, the NACPA is progressively being synergized through a self-assessment of the country’s anti-corruption initiatives as to their compliance with the United Nations Convention Against Corruption (UNCAC).

Atty. Baliton was also tasked to participate actively in the implementation of several projects being undertaken by the Office of the Ombudsman through the generous assistance of some foreign donors.  Among her involvement are as Co-chair of the Millennium Challenge Account (MCA) Project  Task Force under the MCA Threshold Program; as Co-Chair of OMB Technical Working Group (TWG) for Compact Development in line with the Medium Term Philippine Development Plan 2004-2010 and Key Millenium Challenge Corporation principles of country ownership, inclusiveness, accountability, and emphasis on results; and as Project Director of the European Commission-Office of the Ombudsman Corruption Prevention Project, just to name a few.

Thus in her 30 years of extensive government service she has become proficient both in the areas of investigation and corruption prevention having previously handled the Administrative Adjudication Bureau and the Bureau of Resident Ombudsman, both as Director before she assumed her current post.

Her achievements include the Recognition Award for Performance while with the Evaluation and Preliminary Investigation Bureau on May 9, 1996 as well as commendation as Team A Leader in the 5th Conference of the Asian Ombudsman Association on August 4, 2000.

Cost Efficiency

Strict adherence to the APEC Projects Guidebook on contracting, travel requirements, and APEC rules on publication will ensure maximum value for money.  Extensive documentation, specific outputs and knowledge products assures project sustainability and replication. Baseline results determining the extent of compliance by member economies, workshop discussions and recommendations for operationalization program designs at three levels (national, chamber, firm) will facilitate further operationalization of the Code in member economies.

Drawdown Timetable

Not Applicable

Direct Labour

Not Applicable

Waivers

Not Applicable

Are there any supporting document attached?

No 
Attachments
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Version HistoryVersion History

Project No.

Project Title

Project Status

Publication (if any)

Fund Account

Sub-fund

Project Year

Project Session

APEC Funding

Co-funding Amount

Total Project Value

Sponsoring Forum

Topics

Committee

Other Fora Involved

Other Non-APEC Stakeholders Involved

Proposing Economy(ies)

Co-Sponsoring Economies

Expected Start Date

Expected Completion Date

Project Proponent Name 1

Job Title 1

Organization 1

Postal Address 1

Telephone 1

Fax 1

Email 1

Project Proponent Name 2

Job Title 2

Organization 2

Postal Address 2

Telephone 2

Fax 2

Email 2

Declaration

Project Summary

Relevance

Objectives

Alignment

TILF/ASF Justification

Beneficiaries and Outputs

Dissemination

Gender

Work Plan

Risks

Monitoring and Evaluation

Linkages

Sustainability

Project Overseers

Cost Efficiency

Drawdown Timetable

Direct Labour

Waivers

Are there any supporting document attached?

hdFldAdmin

Project Number

Previous Fora

Secretariat Comments

Reprogramming Notes

Consolidated QAF

Endorsement By Fora

PD Sign Off

Batch

Forum Priority

Committee Ranking Category

Committee Priority

PDM Priority

Priority Within Funding Category

Monitoring Report Received

Completion Report Received

PMU Field 1

PMU Field 2

PMU Field 3

On Behalf Of

Proposal Status

Originating Sub-Forum

Approval Status
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