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Construction Sector Corruption in Ethiopia 257<br />

Table 6.6 Corruption Risks in Payment and Settlement of Certificates in the<br />

Construction Sector in Ethiopia<br />

Value chain stages<br />

Corruption risks at<br />

each stage of the<br />

construction value chain<br />

1. Policy making and regulation<br />

2. Planning and budgeting<br />

3. Management and performance<br />

monitoring<br />

4. Tendering and procurement<br />

5. Construction and operations<br />

6. Payment and settlement of<br />

certificates<br />

Perceived corruption risk at this stage<br />

of the value chain<br />

Now (international<br />

comparison)<br />

High Low<br />

Med<br />

Low<br />

Trend (without<br />

corrective measures)<br />

High<br />

Med<br />

Low<br />

Medium<br />

Facilitation payments are common but not<br />

necessary, and they are generally small when<br />

they do occur<br />

Typical risks as experienced internationally<br />

Three main categories of risk are typically related to the settlement of payment certificates:<br />

(a) Because of the ease with which a client can fabricate a justification for refusing payment,<br />

the withholding of payment can be used as a means of punishing companies that have<br />

refused to honor understandings (whether formally agreed to or not) entered into at earlier<br />

stages in the value chain. Such agreements typically entail the corrupt reallocation of an<br />

agreed-on percentage of each payment received. (b) Individuals may seek to extract small<br />

facilitation payments from those wishing to avoid undue administrative delays in payment.<br />

(c) Often in parallel with one or both of the first two categories, the party to whom the<br />

payment is due may be guilty of fraud for having submitted falsified documentation in<br />

support of reported progress or associated claims. These risks can be particularly acute<br />

when there is no realistic means of complaining, as typically occurs when one client<br />

dominates the market or when there is no outside body to which a complainant can refer<br />

the matter and expect a fair hearing.<br />

The above three categories relate to clients, consultants, and contractors. Connected to<br />

these are further forms of corruption related to legal advisers, including in dispute resolution.<br />

Such advisers may be implicated in the submission of incorrect claims, concealment<br />

of documents, the supply of false witness statements, bribery or blackmail of witnesses, or<br />

excess billing, all of which contribute to overall levels of corruption in the project.<br />

Indicators of such risks as perceived in Ethiopia<br />

Specific<br />

General<br />

• It is commonly (though not universally) reported<br />

that facilitation payments may be required to<br />

speed up settlement of certificates.<br />

• Contractors sometimes curtail progress because<br />

cash flow problems arise as a result of late payments.<br />

• Difficult for public to obtain<br />

information<br />

Examples reported by stakeholders as having recently occurred in Ethiopia a<br />

• Consultant or contractor perceives that payments are being withheld unfairly but has no<br />

realistic means of complaining or appealing to an independent body.<br />

(continued next page)

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