Theme: Procurement
Responding to reports of new security aid for Ukraine, Josie Stewart, Director of Transparency International Defence and Security, said:
Fresh security assistance for Ukraine is welcome, but history has taught us that aid packages of the size being pledged in recent weeks carry significant risk.
So far there is limited information about the defence companies delivering assistance to Ukraine, what influence they carry, and what measures they are taking to reduce corruption.
There is also always a risk that arms will end up in the wrong hands as the war continues.
Civilian oversight of military assistance is integral to robust defence governance and the strengthening of institutional resilience that is necessary to manage these risks.
This should be a shared responsibility between donor countries and Ukraine.
In response to reports Sweden plans to bring forward a commitment to spending two per cent of its GDP on defence, Josie Stewart, Director of Transparency International Defence and Security, said:
“As NATO countries increase their defence spending in response to the war in Ukraine, Transparency International is calling for equal commitment to strengthening oversight of defence procurement. While Transparency International’s Government Defence Integrity Index (GDI) found corruption risk in Sweden’s defence sector to be only moderate, oversight of defence procurement remains limited and issues around industry influence remain unresolved. As Sweden prepares to join the NATO, these vulnerabilities must be addressed in order to build democratic resilience and safeguard both resources and lives.”
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Michael Ofori-Mensah, Head of Research at Transparency International Defence and Security, describes some of the dangers documented in our latest research paper.
Unaccountable private military and security companies continue to pursue partnerships that in recent years have led indirectly to the assassination of presidents and journalists, land grabs in conflict zones, and even suspected war crimes.
From Haiti to Saudi Arabia to Nigeria, US-based organisations – the firms that dominate the market – have found themselves associated with a string of tragedies, all while their sector has grown ever-more lucrative.
Transparency International Defence and Security’s latest research – ‘Hidden Costs: US private military and security companies and the risks of corruption and conflict – catalogues the harm playing out internationally as countries increasingly seek to outsource national security concerns to soldiers of fortune.
Hidden costs from the trade in national security
While the US and other governments have left the national security industry to grow and operate without proper regulation, the risks of conflict being exploited for monetary gain are growing all the time.
Hidden Costs documents how the former CEO of one major US private military and security company was convicted – following a guilty plea – of bribing Nigerian officials for a US$6bn land grab in the long-plundered Niger Delta.
Our research also highlights that the Saudi operatives responsible for Jamal Khashoggi’s savage murder received combat training from the US security company Tier One Group.
Arguably most damning are the accounts from Haiti, where the country’s president was killed last year by a squad of mercenaries thought to have been trained in the US and Colombia.
Pressing priority
Many governments around the world argue that critical security capability gaps are being filled quickly and with relatively minimal costs through the growing practise of outsourcing.
Spurred on by the US government’s normalisation of the trade, US firms are growing both their services and the number of fragile countries in which they operate.
The private military and security sector has swelled to be worth US$224 billion. That figure is expected to double by 2030.
The value of US services exported is predicted to grow to more than $80 billion in the near future, but the industry and the challenge faced is global.
The risks of corruption and conflict in the pursuit of profits are plain.
These risks are as old as time. But their modern manifestations in warzones must not be left to spill over. The 20-year war in Afghanistan cultivated dynamics that threaten further damage, more than a decade after governments first expressed their concerns.
Required response
International rules and robust regulation are urgently needed. We need measures that ensure mandatory reporting of private military and security company activities. The Montreux Document lacks teeth, operating as it does as guidance that is not legally binding. Code of conduct standards must also become mandatory for accreditation, rather than purely voluntary.
Most private military and security firms are registered in the US. So Transparency International Defence and Security is also calling on Congress to take a leading role in pushing through meaningful reforms under its jurisdiction. There is an opportunity arriving in September, when draft legislation faces review.
Policymakers have long been aware of the corruption risks and the related threats to peace and prosperity posed by this sector. The time for action is well overdue. No more Hidden Costs.
This report examines systemic vulnerabilities and influence pathways through which the Italian defence industry may exert undue influence on the national defence and security agenda.
Compiled by Transparency International Defence and Security with the support of the Italian Coalition for Civil Liberties and Rights (CILD) and Osservatorio Mil€x, this report forms a case study as part of a project to analyse the influence of the arms industry on the defence and security agendas of European countries.
Expenses for armaments in Italy continue to increase with a projection of more than 6 billion euro for 2021, presenting a lucrative source of funding for the domestic defence industry. As such, there is an urgent need to identify and scrutinise the possible routes for undue influence in the Italian defence sector.
The report explores some of the most prominent opportunities for exerting influence on policy in Italy – through lobbying, political foundations, think tanks, the ‘revolving door’ and political financing – along with the vulnerabilities in the defence strategy formation and procurement process that expose the Italian system to undue influence.
Questo rapporto esamina le vulnerabilità sistemiche e i possibili percorsi attraverso i quali l’industria italiana della difesa può esercitare un’influenza indebita sull’agenda politica nazionale in materia di difesa e sicurezza. I governi e l’industria dovrebbero mitigare il rischio di influenza indebita, rafforzando l’integrità delle istituzioni e dei processi politici e migliorando il controllo e la trasparenza dell’influenza nel settoredella difesa. Redatto da Transparency International – Difesa e Sicurezza con il supporto della Coalizione Italiana per le Libertà e i Diritti Civili (CILD) e dell’Osservatorio Mil€x, questo rapporto costituisce un case study nell’ambito di un progetto di analisi dell’influenza dell’industria degli armamenti sui programmi di difesa e sicurezza dei paesi europei.
By Ara Marcen Naval, Head of Advocacy – Transparency International Defence & Security
Nearly three-quarters of the world’s largest defence companies show little to no commitment to tackling corruption. That’s the headline finding from our newly published Defence Companies Index on Anti-Corruption and Corporate Transparency (DCI). It assesses 134 of the world’s leading arms companies, ranking their policies and approach to fighting corruption from A to F.
The statistic is deeply concerning, if not altogether surprising to those familiar with the defence industry. Reducing corruption in the defence sector is imperative to guarantee safety and security. Yet, a veil of secrecy, invoked ostensibly in the interests of national security, shrouds the defence sector’s activities making it especially vulnerable. The widespread use of middlemen, whose identities and activities are kept secret, further limits oversight. The impact of corruption in the arms trade is particularly pernicious. The high value of defence contracts means that huge amounts of public money may be wasted, instead of being spent on essential public services. Corruption can encourage the excessive accumulation of arms, increase the circumvention of arms controls and facilitate the diversion of arms consignments to unauthorized recipients, perpetuating conflict and costing lives and undermining democracy.
According to the Stockholm International Peace Research Institute, of the world’s 10 largest importers of major arms between 2015-2019, eight countries – Saudi Arabia, Egypt, Algeria, Iraq and Qatar, UAE, China and India – are at high, very high or critical of corruption in the defence sector as measured by our Government Defence Integrity Index, the DCI’s sister index. Critical risk of defence sector corruption means major arms are sold to countries where they are likely to further fuel corruption, and where appropriate oversight and accountability of defence institutions is virtually non-existent.
The findings of the DCI add to this worrying picture. Nearly two thirds (61%) of the companies assessed show no clear evidence of policies or processes to assess and manage risk in markets they operate in. In addition, only 10% of the companies actively disclose full details of countries in which they and their subsidiaries operate, leaving a major gap in transparency and oversight of corporate activity.
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The DCI has revealed that many companies score well on the quality of their internal anti-corruption measures, such as public commitments to fighting corruption and processes to prevent employees from engaging in bribery. However, because most companies publish no evidence on how these policies work in practice, it is impossible to know whether they are actually effective. Many firms do not publicly acknowledge they face increased risks when doing business in corruption-prone markets nor do they have apparent measures in place to identify and mitigate these risks. Few take measures to prevent corruption in ‘offsets’ – controversial side deals that involve a company reinvesting some of the proceeds of an arms deal into the customer’s economy but are banned in other sectors because of the corruption risks such deals pose – and most do little to counter the high-risk of bribery associated with using agents and intermediaries to broker deals on their behalf.
It is essential that companies have procedures in place to deal with these often opaque and high-risk aspects of the defence sector – including agents and intermediaries, joint ventures, offset contracting and operating in geographies considered at high risk of corruption.
We urge defence companies to increase corporate transparency through meaningful disclosures of:
- their corporate political engagement – a particularly high-risk issue in the defence sector -including their political contributions, charitable donations, lobbying and public sector appointments for all jurisdictions in which they are active;
- their procedures and the steps taken to prevent corruption in the highest risk areas, such as their supply chain, agents and intermediaries, joint ventures and offsets;
- procedures for the assessment and mitigation of corruption risks associated with operating in high-risk markets, a major risk for defence companies, as well as acknowledgement of the corruption risks associated with such practices;
- beneficial ownership and advocate for governments to adopt data standards on beneficial ownership transparency;
- all fully consolidated subsidiaries and non-fully consolidated holdings, and to state publicly that they will not work with businesses which operate with deliberately opaque structures; and
- the nature of work, their countries of operation and the countries of incorporation of their fully consolidated subsidiaries and non-fully consolidated holdings.
The DCI provides a roadmap for better practice within the defence industry. It promotes appropriate standards of anti-corruption and transparency of policies and procedures suited to the risks faced in the defence sector. Adopting these will not only reduce corporate risk, but also increase accountability and reduce the risk of corruption in the sector more widely.
The Defence Companies Index on Anti-Corruption and Corporate Transparency (DCI) seeks to assess the levels of commitment to anti-corruption and transparency in the corporate policies and procedures of 134 defence companies worldwide.
This document outlines the key methodological features of the DCI 2020, to provide further insight into the assessment process, scoring and implications of the index. The new formulation of the DCI 2020 reflects the substantial feedback received from a range of stakeholders as part of a comprehensive public consultation, which covered both the question set and the methodology itself. The DCI 2020 represents our commitment to promoting greater openness and transparency in the defence sector to help reduce corruption, build public trust, reassure investors, and build constructive relationships between companies and their employees and customers.
The Defence Companies Index on Anti-Corruption and Corporate Transparency (DCI) seeks to assess the levels of commitment to anti-corruption and transparency in the corporate policies and procedures of 134 defence companies worldwide.
We have identified 10 key areas where increased commitment to anti-corruption and transparency of information could reduce corruption risks in the defence industry. These risk areas form the
main structure of this Questionnaire and Model Answer (QMA) document.
This report examines the quality and effectiveness of defence governance across fifteen countries in Central and Eastern Europe: Albania, Armenia, Azerbaijan, Bosnia & Herzegovina, Estonia, Georgia, Hungary, Kosovo, Latvia, Lithuania, Montenegro, North Macedonia, Poland, Serbia and Ukraine. It analyses vulnerabilities to corruption risk and the strength of institutional safeguards against corruption across national defence sectors, drawing on data collected as part of Transparency International Defence & Security’s (TI-DS) Government Defence Integrity Index (GDI).
It is intended to provide governments and policymakers with an analysis of defence governance standards in the region and supply civil society with an evidence base that will facilitate their engagement with defence establishments and support advocacy for reforms that will enhance the transparency, effectiveness and accountability of these institutions.
This report details good practice guidelines and policy implications that are designed to reduce the opportunities for corruption and improve the quality of defence governance in Central and Eastern Europe. It identifies five key issues of defence governance where improvements are urgently needed in order to mitigate corruption risks: parliamentary oversight, defence procurement, transparency and access to information, whistleblowing, and military operations.
New report warns weak regulations leave door open to undue influence
October 21 – German defence policy risks being influenced by corporate interests, new research by Transparency International – Defence & Security warns.
Released today, Defence Industry Influence in Germany: Analysing Defence Industry Influence on the German Policy Agenda details how defence companies can use their access to policymakers – secured through practices such as secretive lobbying and engagements of former public officials – to exert considerable influence over security and defence decision making.
The report finds that gaps in regulations and under-enforcement of existing rules combined with an over-reliance by the German government on defence industry expertise allows this influence to remain out of the reach of effective public scrutiny. This provides industry actors with the opportunity to align public defence policy with their own private interests.
To address these shortcomings, new controls, oversight mechanisms need to be put in place and sanctions should be applied to regulate third party influence in favour of the common good and national security.
Natalie Hogg, Director of Transparency International – Defence & Security, said:
“Decisions and policy making related to defence and security are at particularly high risk of undue influence by corporate and private interests due to the high financial stakes, topic complexity and close relations between public officials and defence companies. Failing to strengthen safeguards and sanction those who flout the rules raises the risk that defence decision making and public funds are hijacked in favour of private interests.”
The report shows how lax rules around policymakers declaring conflicts of interest, and lack of adequate penalties for failing to disclose them, leaves the door open to MPs wishing to take up lucrative side-jobs. Frequent and prominent cases of job switches between the public and private defence sector compound issues of conflicts of interest and close personal relationships with inadequate oversight.
And, due to a lack of internal capacity, Germany’s defence institutions are increasingly outsourcing key competencies to industry, allowing defence companies crucial access to defence policy. The procurement of these external advisory services is not subject to appropriate oversight.
While the German constitution requires a strict control over excessive corporate influence in public sectors, too often this is not sufficiently exercised due to a lack of technical and human resources within government and parliament. In addition, insufficiently enforced legal regulations and a lack of transparency of lobbying activities enables undue influence to occur in the shadows outside of public scrutiny.
Greater transparency is necessary to ensure accountability
National security exemptions are common in the defence sector and enable institutions to override transparency obligations in favour of secrecy. However, protecting national security and ensuring the public’s right to information can both be achieved by striking the right balance where information is only classified based on a clear justification for secrecy. Transparency in defence is crucial to ensuring effective scrutiny in identifying and controlling undue influence.
“Despite the justification for secrecy in this policy area the greatest possible transparency must be created to ensure control by parliament and the public. If, in addition, human resources and expertise are lacking, advice from corporate lobbyists receive easy access,” said Peter Conze, security and defence expert at Transparency International Germany.
New lobbying register does not go far enough: we need a legislative footprint
The lack of transparency around lobbying in Germany allows industry actors to exert exceptional influence over public policy.
While Germany’s proposed new lobbying register provides a positive step towards transparency, it does not go far enough to allow effective scrutiny. External influence on legislative processes and important procurement decisions remains unaccountable without the publication of a legislative or decision-making footprint, which details the time, person and subject of a legislator’s contact with a stakeholder and documents external inputs into draft legislation or key procurement decisions.
Transparency International – Defence & Security is calling on the German government to:
- Expand the remit of the proposed lobbying register to cover the federal ministries and industry actors.
- Include requirements for a ‘legislative footprint’ that covers procurement decisions in addition to laws. The legislative footprint should outline the inputs and advice that have contributed to the drafting of laws or key policies, and substantially increase transparency in public sector lobbying.
- Introduce an effective and well-resourced permanent outsourcing review board within the Ministry of Defence to verify the necessity of external services and their appropriate oversight.
- Strengthen the defence expertise and capacity within the independent scientific service of the Bundestag, or to create a dedicated parliamentary body responsible for providing MPs with expertise and analysis on defence issues.
Notes to editors:
- The report “Analysis of the influence of the arms industry on politics in Germany” was prepared by Transparency International – Defence & Security with the support of Transparency International Germany.
- The report examined structures, processes and legal regulations designed to ensure transparency and control based on 30 expert interviews. The report is part of a comprehensive study of the influence of the defence industry on politics in several European countries.
Contact:
Harvey Gavin
harvey.gavin@transparency.org.uk
+44 (0)20 3096 7695
This report examines systemic vulnerabilities and influence pathways through which the German defence industry may exert inappropriate influence on the national defence and security agenda. Governments and industry should mitigate the risk of undue influence by strengthening the integrity of institutions and policy processes and improving the control and transparency of influence in the defence sector. Compiled by Transparency International Defence and Security with the support of Transparency International Germany, this report forms a case study as part of a broader project to analyse the influence of the arms industry on the defence and security agendas of European countries. Alongside Italy, Germany was selected as a case study due to its defence industry characteristics, industry-state relations, lobbying regulations and defence governance characteristics. The information, analysis and recommendations presented in this report are based on extensive research that has been honed during more than 30 interviews with a broad range of stakeholders and experts.
Despite promising initiatives, tackling corruption in the Nigerien security sector is still hindered by secrecy
By Flora Stevens, Project Officer – Global Advocacy
Africa’s Sahel has been plagued with conflict and insecurity for more than a decade, and the recent ramping up of violence in the region is putting already weakened armed forces under increased strain. Defence sectors across the region suffer from low levels of civilian democratic control, weak institutional oversight and are struggling to fulfil their mission to improve security in the face of a sharp uptick in attacks from non-state armed groups.
Sandwiched between jihadi militants operating in Mali and Burkina Faso to the west, Boko Haram and affiliated groups continuing to launch devastating attacks in Nigeria to the south and war-torn Libya to the north, Niger has found itself drawn into these conflicts. The complex operational requirements of bringing security to the country, with the huge distances between major settlements, porous borders and hundreds of thousands of displaced people, would pose a challenge for any armed force. But Niger, like its neighbours in the region, is also grappling with the debilitating issue of corruption in its defence sector.
Transparency International Niger has been part of the fight against corruption since 2001. The chapter works to raise public awareness of corruption issues and offers anti-corruption training to citizens. “This has enabled us to mobilise and engage citizens in the fight against corruption in our country,” said Hassane Amadou Diallo, head of the organisation. Transparency International Niger has recorded a series of major successes in its work, including a long-running advocacy campaign which culminated with Niger ratifying the United Nations Convention against Corruption in 2006, and a separate effort to abolish the ‘entrance exam’ to the civil service, a highly competitive processes which on two occasions was marred by fraud and corruption.
More recently, working with Transparency International – Defence & Security, the chapter has been involved in tackling the pernicious issue of defence corruption. Despite recent promising initiatives at national level, efforts designed to fight corruption and improve defence governance have been hindered by a high level of secrecy. It was recently revealed that almost 40% of the $312 million Niger spent on defence procurement contracts over the last three years was lost through inflated costs or materiel that was not delivered, according to a government audit of military contracts. “More than 90% of the contracts awarded to the Ministry of Defence were negotiated by direct agreement, which favoured corruptive practices and overbilling”, said Hassane Amadou. “The competition is unfair, fictitious and sometimes non-existent.” These findings came as the crisis in the Sahel continues to worsen, with hundreds of Nigerien security forces killed in fighting. At the same time, troops on the front line have complained about a lack of kit or being provided with inadequate equipment. Hassane Amadou said the audit that uncovered the extent of the procurement mismanagement would now be subject to a lengthy legal challenge. “TI Niger is hoping a fair trial will take place and that those responsible will be punished in accordance with the law,” he said.
While the findings of the audit are shocking, they unfortunately do not come as a surprise. Transparency International – Defence and Security’s Government Defence Integrity Index (GDI) recently found that while government procurement regulations are clearly spelled out in law, there is a long-standing exemption for defence procurement. The 2016 Code of Public Procurements omits goods, equipment, supplies and services related to defence and security, which effectively leaves the door open to the sort of corrupt practices uncovered by the audit.
Hassane Amadou said that TI Niger has shared the main conclusions of the GDI findings with those in charge of the defence and security forces in the country. “On the basis of the GDI, we then developed an action plan targeting various stakeholders, namely the Ministry of Defence, the parliament, defence and security officials, technical and financial partners, the media and civil society,” he said.
But while there have been signs that Niger is striving to improve its security sector governance as a key pillar for future development and long-term peace and stability, the lack of emphasis on the issue of corruption could critically undermine the effectiveness and sustainability of the whole process.
Despite the impressive reform efforts of the past few years, including the 2016-2021 Renaissance Programme, the 2016 Anti-Corruption Bill, and the 2018 National Strategy to Fight Corruption, Niger is struggling to ensure their effective implementation. The Nigerien government should primarily focus on closing this gap and on rectifying loopholes that allow for corruption in the defence procurement sector to thrive. This could include revising relevant legislation to ensure it effectively applies to all defence acquisitions, with no exceptions.
It is fundamental for the Nigerien military to fully grasp the intrinsic link between corruption and operational efficiency. An important focus area must be the deployment of trained professionals to monitor corruption risks in the field. There is unfortunately currently little evidence of this. There is no pre-deployment corruption-specific training for personnel and no guidelines on addressing corruption risks during operations.
To tackle the security threats Niger is facing, mitigating corruption risks in the defence sector is paramount and requires a robust, disciplined and integrated approach on the part of the Niger government. It needs to ensure civilian oversight is strengthened through well-functioning oversight mechanisms, while making sure corruption is approached in a systemic or comprehensive manner during troop deployment.