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Diagnosing Corruption in Ethiopia - Ethiomedia

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<strong>Corruption</strong> <strong>in</strong> the Telecommunications Sector <strong>in</strong> <strong>Ethiopia</strong>: A Prelim<strong>in</strong>ary Overview 359<br />

Table 8.1 (cont<strong>in</strong>ued)<br />

Risk Area 3: Appo<strong>in</strong>tment of Equipment Suppliers<br />

International experience Typical <strong>in</strong>ternational risk: High<br />

experience elsewhere, this 2006 vendor f<strong>in</strong>anc<strong>in</strong>g contract appears to be highly unusual and<br />

of extremely high value, grant<strong>in</strong>g one supplier the right to supply all telecoms equipment to<br />

the ETC over a three-year period. Although the ETC claims it <strong>in</strong>vited eight vendors on equal<br />

foot<strong>in</strong>g, this is disputed. There appears to be no clear commercial justification for the award,<br />

no proper competitive tender, and no effective contractual mechanism for price protection<br />

or technical compliance. This prelim<strong>in</strong>ary analysis does not itself constitute an allegation<br />

that corruption has taken place but does raise serious concerns that are expressed and<br />

addressed <strong>in</strong> more detail <strong>in</strong> the “Procurement of Equipment Suppliers” section <strong>in</strong> this chapter.<br />

Risk Area 4: Delivery and Installation of Equipment<br />

International experience Typical <strong>in</strong>ternational risk: High<br />

Internationally, this is an area of high risk. Fulfillment of the orig<strong>in</strong>al contract, subsequent<br />

contract variations requir<strong>in</strong>g additional equipment, undisclosed arrangements, and<br />

<strong>in</strong>adequate monitor<strong>in</strong>g each may provide the context for price manipulation, fraud, and<br />

bribery. Certify<strong>in</strong>g officers may be bribed so that they order or approve these fraudulent<br />

variations.<br />

<strong>Corruption</strong> risks <strong>in</strong> this area <strong>in</strong>crease significantly when the orig<strong>in</strong>al contract itself was a<br />

product of corruption. Government officials and contractors who collude to award a contract<br />

unfairly are likely to cont<strong>in</strong>ue with corrupt activity dur<strong>in</strong>g the execution of the contract,<br />

particularly where there is little prospect that this activity will be detected, reported,<br />

or prosecuted. Typical areas of such risk <strong>in</strong>clude the follow<strong>in</strong>g:<br />

4a. Delivery by supplier of less equipment than required under contract<br />

The supplier should supply 200 kilometers (km) of cable but supplies only 180km. It bribes an<br />

employee of the network operator to overlook the short delivery or relies on the shortfall go<strong>in</strong>g<br />

unnoticed as a result of <strong>in</strong>efficiencies <strong>in</strong> the network operator’s organization.<br />

4b. Delivery by supplier of equipment that is defective or not <strong>in</strong> accordance with the specification<br />

The network operator corruptly refuses to pay the supplier for all or part of the equipment,<br />

claim<strong>in</strong>g either that the equipment was not delivered or that it was defective. This claim could<br />

either be because the network operator wants to negotiate an additional price reduction from<br />

the supplier or because an official of the network operator wishes to receive a bribe from the<br />

supplier to withdraw the claim.<br />

4c. Bribery (by supplier) of network operator employee to approve delivery of defective or<br />

<strong>in</strong>ferior equipment or equipment that is less than required under the contract<br />

4d. Bribery (by supplier) of network operator employee or of senior government officer to<br />

order further unnecessary equipment at <strong>in</strong>flated prices as a variation to the contract<br />

4e. Extortion by network operator employee or government officials aga<strong>in</strong>st suppliers seek<strong>in</strong>g<br />

payments due<br />

4f. Illegal sale by supplier of equipment imported free of customs and import duties.<br />

(cont<strong>in</strong>ued next page)

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