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Bribery Awareness … and the Tax Examiner
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Economic and Social Effects of Corruption Important to remember it isn’t a vicitmless crime. Can take place at the highest levels of government. World Economic Forum estimates cost of corruption at $2.6 trillion. World Bank suggests more than $1 trillion is paid in bribes per annum... Corruption – the problem
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The Global response – UN Convention against Corruption Promote and strengthen measures to prevent and combat corruption. Promote international cooperation. Promote integrity and accountability. Signed Dec 2005 by 140 countries Corruption – the problem
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Bribery – undue pecuniary or other advantage to alter behaviour/performance. Kickback: individual receives payment to secure a benefit. Secret commission: agent receives payment to influence contract. Facilitation payment: encouraging or ensuring official performs normal duties. Categories of corruption
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For next 15 minutes... Identify some typical methods and means of bribery Categories of corruption
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Embezzlement – an official appropriating money or other assets. Extortion – forcefully demanding payment in return for using influence. Categories of corruption(2)
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Bribery Awareness … Indicators and the role of the Tax Auditor / Examiner
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Again about recognising key indicators. Performing two key roles: - Ensuring tax compliance and taxing proceeds of corruption, - Secondly, if identified it is referred to appropriate investigative body. As such, does it need referring to Financial Intelligence Unit for possible ML??? Role of tax auditor
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OECD has identified six key thematic areas. 1.External risk environment Nature of business and opportunities for bribery – Public works Review of documents Oil and Gas Banking records Mining International structures Utilities Use of agents/consultants Military/Defence Compliance/risk process Role of tax auditor
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2.Parties linked to a transaction Use of unusual or unexpected companies or service providers. Involvement of family / other close relatives. Lack of contract confirming terms of reference or service level agreement. Unusual or excessively generous renumeration package – contract issues. Role of tax auditor
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3.Unusual transactional activity Comparisons with industry norms. Lack of transparency about recipients / destination of transactions. Suspicious or unnecessarily complex transactional process. High value / intangible goods linked to transactions – can it be traced? Role of tax auditor
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4.The income statement Actions taken outside terms of any contract in place – e.g. Payments or goods. Invoices from unexpected or unusual suppliers. Inconsistent financial records. Lack of transparent tendering process – contracts, negotiations, lack of competition. Role of tax auditor
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4.The balance sheet A substantial and unexplained increase in capital. Disposal of assets at less than market value. Existence of loans – poorly explained, badly evidenced and/or difficult to trace. No possibility of verifying receipt or value of any assets supposedly acquired. Role of tax auditor
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4.Payments and money flows Use of a notary’s third party account for no obvious need. Volume, value and throughput of transactions in client/business accounts. Evidence of flows to/through high risk jurisdictions. Other types of third party settlement. Role of tax auditor
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