sixth six-month report (january 1, 2014 - june …...sixth six-month report (january 1, 2014 - june...
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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
ABBREVIATION OR ACRONYM
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
ABBREVIATION OR ACRONYM
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
ABBREVIATION OR ACRONYM
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).
3 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE3
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
5 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE5
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.
6SIX-MONTH REPORT | SEPTEMBER 7, 2014 6
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
7 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE7
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.
8SIX-MONTH REPORT | SEPTEMBER 7, 2014 8
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.
9 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE9
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.
10SIX-MONTH REPORT | SEPTEMBER 7, 2014 10
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.
11 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE11
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.
12SIX-MONTH REPORT | SEPTEMBER 7, 2014 12
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.
13 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE13
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.
14SIX-MONTH REPORT | SEPTEMBER 7, 2014 14
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.
15 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE15
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.
16SIX-MONTH REPORT | SEPTEMBER 7, 2014 16
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
17 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE17
MONITORING &EVALUATION2
1818SIX-MONTH REPORT | SEPTEMBER 7, 2014
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
Photo on previous page
MEC’s Monitoring & Evaluation Team explains the new Anti-Corruption Monitoring & Evaluation Framework and Tool to members of the international community (July 2014).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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PROVINCIALVISITS3
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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)
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The Herat Citadel in winter.
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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).
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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.
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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
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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.
The Importation of Pharmaceuticals VCA is expected to be published later this year.
PROVINCIAL VISITS
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VULNERABILITYTO CORRUPTIONASSESSMENTS4
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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
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The VCA Team Leader explaining the results of the Pension VCA at MOLSAMD VCA Workshop (November 2013).
41 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE41
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
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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.
The Importation of Pharmaceuticals VCA is expected to be published later this year.
VULNERABILITY TO CORRUPTION ASSESSMENTS
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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.
VULNERABILITY TO CORRUPTION ASSESSMENTS
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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.
VULNERABILITY TO CORRUPTION ASSESSMENTS
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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.
VULNERABILITY TO CORRUPTION ASSESSMENTS
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VULNERABILITY TO CORRUPTION ASSESSMENTS
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.
47 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE47
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.
VULNERABILITY TO CORRUPTION ASSESSMENTS
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LAND USURPATION PUBLIC INQUIRY5
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LAND USURPATION PUBLIC INQUIRY CONTENTS
Summary of the Land Usurpation 50
Public Inquiry Report
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Illegal settlements in Kabul, Afghanistan.
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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
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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.
LAND USURPATION PUBLIC INQUIRY
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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.
LAND USURPATION PUBLIC INQUIRY
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COMMUNICATIONS& OUTREACH6
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COMMUNICATIONS & OUTREACH CONTENTS
Communications 55
Media Events 57
Social Media 58
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Committee members being filmed at the MEC Press Conference on the release of its VCAs (January 2014).
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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).
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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.
COMMUNICATIONS & OUTREACH
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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.
COMMUNICATIONS & OUTREACH
MEC’s Press Conference on the release of the Fifth Six-Month Report (April 2014).
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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.
COMMUNICATIONS & OUTREACH
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ADMINISTRATION7
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ADMINISTRATION CONTENTS
Human Resources 61
Financial Report 62
Photo on previous page
MEC Secretariat staff members.
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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
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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
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APPENDICES8
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APPENDICES
Appendix A: About MEC 65
Appendix B: Anti-Corruption Monitoring and 66
Evaluation Framework
Appendix C: Anti-Corruption Monitoring and 73
Evaluation Tool
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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.
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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
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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
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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
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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
70SIX-MONTH REPORT | SEPTEMBER 7, 2014 70
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
71 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE71
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
72SIX-MONTH REPORT | SEPTEMBER 7, 2014 72
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
73 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE73
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
74SIX-MONTH REPORT | SEPTEMBER 7, 2014 74
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
75 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE75
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
76SIX-MONTH REPORT | SEPTEMBER 7, 2014 76
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
77 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE77
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
78SIX-MONTH REPORT | SEPTEMBER 7, 2014 78
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
79 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE79
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
80SIX-MONTH REPORT | SEPTEMBER 7, 2014 80
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
81 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE81
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
82SIX-MONTH REPORT | SEPTEMBER 7, 2014 82
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
83 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE83
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
84SIX-MONTH REPORT | SEPTEMBER 7, 2014 84
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
85 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE85
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.
86SIX-MONTH REPORT | SEPTEMBER 7, 2014 86
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
87 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE87
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
88SIX-MONTH REPORT | SEPTEMBER 7, 2014 88
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
89 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE89
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
90SIX-MONTH REPORT | SEPTEMBER 7, 2014 90
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
91 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE91
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
92SIX-MONTH REPORT | SEPTEMBER 7, 2014 92
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
93 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE93
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
94SIX-MONTH REPORT | SEPTEMBER 7, 2014 94
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
95 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE95
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
96SIX-MONTH REPORT | SEPTEMBER 7, 2014 96
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
97 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE97
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
.
98SIX-MONTH REPORT | SEPTEMBER 7, 2014 98
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
99 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE99
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
100SIX-MONTH REPORT | SEPTEMBER 7, 2014 100
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
101 INDEPENDENT JOINT ANTI-CORRUPTION MONITORING AND EVALUATION COMMITTEE101
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
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