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Complete Book PDF (4.12MB) - World Bank eLibrary

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394 Diagnosing Corruption in Ethiopia<br />

official may not register the discovery in that person’s name but instead<br />

notify a business colleague and register the discovery in the colleague’s<br />

name. The corrupt official may then falsely inform the discoverer that<br />

someone else had previously discovered the minerals.<br />

• Officials collude with mining companies to grant subcontracts to relatives.<br />

° The licensing authority could, as a condition of the license award or<br />

social development plan, require the mining company to undertake<br />

a large amount of additional infrastructure works at the mining company’s<br />

own cost. For example, the mining company may be obliged<br />

to build or refurbish a road, a school, or a hospital. A government<br />

official could then require the mining company to award one or more<br />

of these infrastructure projects to a contractor secretly owned by a<br />

member of the official’s family.<br />

Existing licensing procedures<br />

Ethiopia has generally good procedures to help to minimize corruption<br />

risk in the license issuing process, including the following:<br />

• Mining laws and regulations are reasonably well written, clear, and<br />

simple. There is a clear process for the issuing of licenses. Application<br />

forms, mining licenses, and mining agreements are in standard format<br />

and are reasonably well written. The regulations specify the documents<br />

and information that a mining company has to provide when<br />

applying for a license. Guidelines help the applicant understand the<br />

requirements for prospecting, exploration, and mining programs as<br />

well as the environmental impact assessment. There are also guidelines<br />

that state the minimum amount and type of equipment a licensee<br />

must provide for different types of licenses. All of these factors help to<br />

minimize uncertainty in procedures.<br />

• MOM requires all license applicants to produce evidence showing<br />

which licensed professional had assisted them in developing the exploration<br />

or mining works program and to confirm that the professional<br />

has no link to the ministry.<br />

• The risk of delay is reduced by the introduction of faster procedures<br />

under the BPR previously mentioned.<br />

• Officials have limited discretion to determine license entitlement. The<br />

law grants the licensee the right to receive a license as long as the<br />

licensee complies with the specified licensing requirements. Although

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