Institutionalizing the Prevention of Corruption in Security Forces

Institutionalizing the Prevention of Corruption in Security Forces: Enhancing Preventive Structures International Conference Sofia, Bulgaria March 11 -14, 2002 Organization of Military Security Service activities for the prevention of corruption in the Ministry of Defence and the Bulgarian Armed Forces Lt. col. Nikolay Yordanov

Prevention Concept Effective corruption prevention strategy requires: • Identifying sensitive fields vulnerable to corruption in Mo. D; incisive defining and knowledge of the basic possible forms, trends and indications of violation against Mo. D financial stability; • Organization and smooth performance of anti-corruption measures adapted in line with the risk analysis findings.

Sensitive Fields of Vulnerability • Procurement activity and procedures – bids, contracts, terms; • Restructuring and relocating of military units and assets; • Privatization and selling of Mo. D equipment and assets; • Military enterprises; • Mo. D finance management; • Military scientific and development research activity • Weapon trading.

The Main Potential Trends of Encroachment Against Mo. D Financial and Economic Stability • Violations of the procedure of competitions held under the provisions of the Public Procurement Act committed by officials and aimed at favouring certain companies in order for the official to gain personal advantage; • Realization of illegitimate ‘lobbying’ schemes by officials in favour of certain companies; • Delivery of useless or non-standard spare parts for military equipment and armament; • Contracting and executing unprofitable for Mo. D agreements favouring civilian contractors;

The Main Potential Trends of Encroachment Against Mo. D Financial and Economic Stability (cont. ) • Illegitimate transformation, re-categorization and fictitious write-off of military assets with the purpose of either concealing shortage or registering amounts unaccounted for and their appropriation by the responsible official; • Diversion of financial means from Mo. D budget through schemes for fictitious industrial, construction-assembly and repair-remedial activities in the relevant sites; • Deliberate decreasing in value of Mo. D assets followed by contracting unprofitable for Mo. D agreements;

The Main Potential Trends of Encroachment Against Mo. D Financial and Economic Stability (cont. ) • Permanent impediment of the realization of industrial projects, scientific and developmental research aimed at slumping the price of the trade companies acting under the authority of the Minister of Defence; • Preparation and execution of Mo. D trade contracts for special production either with unlicensed contractors or with unknown final consignees, thus creating opportunities for violating UN restrictions and compromising Mo. D and the Republic of Bulgaria; • Illegitimate transfer of assets between Mo. D-owned trade companies aimed at personal profit in case of privatization; • Realization of production-commercial relations between the Mo. D and civilian companies resulting in damages to the national budget and compromising Mo. D through not paying customs and tax rates.

Organization and Performance of Anticorruption Measures • Prevention activity – based on creating corruption resistant environment fosters uncovering and neutralizing any sign of corruption; • Criminal prosecution and disciplinary measures for committed encroachments.

Prevention activity • Uncovering of signs of prepared illegal acts against Mo. D financial stability; • Neutralizing of occurrence of damaging after-effects; • Permanent monitoring of identified fields, trends, individual vulnerable to corruption; • Regular disclosure of the personnel finance aimed at uncovering disparity between salaries and wealth;

Prevention activity (cont. ) • Systematic administrative supervision for looking out any sign of corruption; • Regularly alert the staff to the risk of corruption; • Notification and action upon suspicion of corruption - starting internal investigation - taking preventive action against concealing the facts;

Prevention activity (cont. ) • Accountability of the decision-making prosess; • Active civilian control - legislative - judicial - administrative; • Clear criteria for development and promotion: - reinforcement of correct conduct - merit-based promotion • Strong leadership –aimed at setting a example; • Involving the military personnel in preventing corruption and anti-corruption training;

Anti-corruption Training Adequately informing the personnel about: • the cost of corruption; • the risk situation; • negative effects of corruption in society in general and in Mo. D in particular; • corruption preventive measures; • consequences in terms of criminal law, civil service law, international legislation in this field.

Criminal Prosecution and Disciplinary Measures MSS activity for detecting and neutralization of committed encroachments on Mo. D security is carried out through the use of all legal means and with the cooperation of the institutions involved with security issues according to the responsibility dividing principle: • Criminal prosecution including the respective military police investigation; • Administrative investigation which is in the authority of the commanders and the chiefs of BAF; • Financial control and audit – exerted by the State Financial Control at the Ministry of Finance and the ‘Financial Control’ Directorate.

Corruption and international terrorism, illegal weapon traffic, organize crime • Comprehensive evaluation and referring the problem of fighting corruption to the process of fighting international terrorism, illegal weapon traffic, organized crime, drug trafficking; • Close cooperation and systematic exchange of the information with partners special services on the above mentioned threats – real contribution to collective security.