What procedures and standards are companies required to have – such as compliance programmes and business conduct programmes – in order to be able to bid for work for the Ministry of Defence or armed forces?
62a. Formal policies
United Arab Emirates score: 25/100
There are no laws or procedures detailing how the government discriminates in its selection of suppliers and sub-contractors, and suppliers or sub-contractors are not required to sign anti-corruption clauses in contracts with the government.
There are no laws or procedures detailing how the government discriminates in its selection of suppliers and sub-contractors, but periodically suppliers or sub-contractors may be required to sign anti-corruption clauses in contracts with the government.
There may be laws and procedures detailing how the government discrminates in its selection of suppliers and sub-contractors. Some anti-corruption standards are included in the main contract or subcontracts throughout the supply chain.
There are laws and procedures detailing how the government discriminates in its selection of suppliers and sub-contractors on the basis of their integrity. Companies may be required to show that they have a formal and publicly declared anti-corruption programme in place, but some minimum standards are not specified. These standards are included in the main contract as well as subcontracts throughout the supply chain.
There are laws and procedures detailing how the government discriminates in its selection of suppliers and sub-contractors on the basis of their integrity. For example, suppliers and sub-contractors are required to show that they have a formal and publicly declared anti-corruption programme in place that adheres to minimum standards established and specified by the procurement authority. The substance of the programme and standards are included in the main contract as well as subcontracts throughout the supply chain.
There are no laws and regulations that describe the procurement mechanisms of the defence sector in relation to the selection of suppliers. It has been established throughout this assessment that Federal Law No. 43 of 2016 for the procurement process does not apply to defence procurement. Concerning defence contracting, Tawazun is considered the only national third party for private military companies and defence development and procurement. According to its mandates, defence contractors, awarded contracts in value of more than $10 million, must invest 60 per cent of the value of their contracts in local businesses or with domestic partners (1), (2), (3), (4). However, beyond this condition, there appear to be very few formal policies available around the minimum requirements for companies about compliance and business conduct. Even though there are no formal policies around the minimum standards for companies bidding for defence contracts, there is evidence of a UAE and US contract agreement that included a clause on corruption (5), (6), (7). As reported in the New York Times, the contract was signed between the Armed Forces GHQ (General Headquarters in Abu Dhabi) and a US-based private military contractor (Reflex Responses Management LLC) (8). The New York Times stated that, “the two parties hereto understand that no commission, remuneration or fees have been or shall be paid by way of tips, gifts, or personal payments granted directly or indirectly or otherwise by [the firm/contractor] to any officer, individual, civilian or UAE Armed Forces member, or any of the UAE governmental employees working within or outside the UAE representing a bribe or commission to ensure the signature of this contract”.
1. “Program overview, Contracting,” Tawazun Economic Council, accessed November 11, 2018. https://tec.tawazun.ae/the-program/.
2. “Tawazun Economic Program Guidelines, 2015/2016 edition,” Tawazun Economic Council accessed November 11, 2018. https://tec.tawazun.ae/wp…/Tawazun-Economic-Program-Guidelines-2015-2016.pdf.
3. “United Arab Emirates,” Office of the US Trade Representative, accessed November 11, 2018. http://www.ustr.gov/sites/default/files/United%20Arab%20Emirates.pdf.
4.“Company Overview of Tawazun Holding L.L.C.,” Bloomberg, accessed November 11, 2018. 5. 5. Researcher, interview by author, April 7-8, 2019, interview U1.
6. UAE Official, interview by author April 11-13, 2019, interview U2.
7. Former UAE army employee, interview by author April 14-16, 2019, interview U3.
8. Mark Mazzetti and Emily B. Hager, “Secret Desert Force Set Up by Blackwater’s Founder.” The New York Times, May 14, 2011, accessed November 11, 2018. http://www.nytimes.com/2011/05/15/world/middleeast/15prince.html?pagewanted=all&_r=0. Contract copy available here: http://graphics8.nytimes.com/packages/pdf/CONTRACT.pdf?ref=middleeast, p13.
62b. Consistent implementation
United Arab Emirates score: NA/100
There is evidence that these policies and laws are not implemented.
There is evidence that these policies and laws are rarely implemented.
There is evidence that these policies and laws are sometimes implemented.
There is evidence that these policies and laws are consistently implemented, but not always i.e. for strategically important suppliers.
There is evidence that these policies and laws are consistently implemented, including for strategically important suppliers.
This sub-indicator is marked Not Applicalbe, as there is no evidence to suggest that there are procedures and standards companies are required to have, such as compliance programmes and business conduct programmes, to be able to bid for contracts for the Ministry of Defence or armed forces. Although evidence suggests that some contracts explicitly include anti-corruption clauses, these do not amount to procedures or standards (1), (2), (3).
1. Researcher, interview by author, April 7-8, 2019, interview U1.
2. UAE Official, interview by author April 11-13, 2019, interview U2.
3. Former UAE army employee, interview by author April 14-16, 2019, interview U3.
Compare scores by country
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|Country||62a. Formal policies||62b. Consistent implementation|
|Albania||0 / 100||NA|
|Algeria||0 / 100||NA|
|Angola||0 / 100||0 / 100|
|Argentina||0 / 100||NA|
|Armenia||50 / 100||75 / 100|
|Australia||75 / 100||50 / 100|
|Azerbaijan||0 / 100||NA|
|Bahrain||0 / 100||NA|
|Bangladesh||0 / 100||NA|
|Belgium||75 / 100||NEI|
|Bosnia and Herzegovina||25 / 100||50 / 100|
|Botswana||0 / 100||NA|
|Brazil||25 / 100||75 / 100|
|Burkina Faso||0 / 100||NA|
|Cameroon||0 / 100||NA|
|Canada||0 / 100||NA|
|Chile||0 / 100||NA|
|China||0 / 100||50 / 100|
|Colombia||0 / 100||NA|
|Cote d'Ivoire||50 / 100||50 / 100|
|Denmark||50 / 100||75 / 100|
|Egypt||0 / 100||NA|
|Estonia||25 / 100||50 / 100|
|Finland||25 / 100||NEI|
|France||25 / 100||50 / 100|
|Germany||50 / 100||50 / 100|
|Ghana||25 / 100||25 / 100|
|Greece||50 / 100||75 / 100|
|Hungary||0 / 100||NA|
|India||50 / 100||50 / 100|
|Indonesia||75 / 100||75 / 100|
|Iran||0 / 100||NA|
|Iraq||0 / 100||0 / 100|
|Israel||50 / 100||NEI|
|Italy||75 / 100||100 / 100|
|Japan||75 / 100||100 / 100|
|Jordan||0 / 100||NA|
|Kenya||50 / 100||25 / 100|
|Kosovo||25 / 100||50 / 100|
|Kuwait||0 / 100||NA|
|Latvia||50 / 100||75 / 100|
|Lebanon||50 / 100||50 / 100|
|Lithuania||25 / 100||25 / 100|
|Malaysia||25 / 100||NA|
|Mali||0 / 100||25 / 100|
|Mexico||0 / 100||NA|
|Montenegro||50 / 100||0 / 100|
|Morocco||0 / 100||NA|
|Myanmar||0 / 100||NA|
|Netherlands||25 / 100||75 / 100|
|New Zealand||50 / 100||100 / 100|
|Niger||50 / 100||0 / 100|
|Nigeria||0 / 100||NA|
|North Macedonia||50 / 100||100 / 100|
|Norway||75 / 100||100 / 100|
|Oman||0 / 100||NA|
|Palestine||0 / 100||NA|
|Philippines||25 / 100||50 / 100|
|Poland||50 / 100||25 / 100|
|Portugal||0 / 100||NA|
|Qatar||0 / 100||NA|
|Russia||0 / 100||NA|
|Saudi Arabia||0 / 100||NA|
|Serbia||0 / 100||NA|
|Singapore||50 / 100||75 / 100|
|South Africa||50 / 100||NEI|
|South Korea||100 / 100||50 / 100|
|South Sudan||0 / 100||NA|
|Spain||25 / 100||25 / 100|
|Sudan||0 / 100||NA|
|Sweden||25 / 100||75 / 100|
|Switzerland||75 / 100||NEI|
|Taiwan||50 / 100||50 / 100|
|Tanzania||50 / 100||NEI|
|Thailand||0 / 100||0 / 100|
|Tunisia||25 / 100||100 / 100|
|Turkey||0 / 100||NA|
|Uganda||0 / 100||NA|
|Ukraine||50 / 100||75 / 100|
|United Arab Emirates||25 / 100||NA|
|United Kingdom||50 / 100||25 / 100|
|United States||100 / 100||75 / 100|
|Venezuela||0 / 100||NA|
|Zimbabwe||25 / 100||NEI|