1. VII Annual Conference: Government Procurement of the Americas Santo Domingo, Dominican Republic Panel: Regulatory Framework for Procurement The UNCITRAL Model Law and Anti-Corruption: A Case Study
Professor Christopher Yukins
George Washington University Law School
Washington, D.C.
October 2011

2. George Washington University Law School
50+ Years of
Public Procurement Law
Government Procurement Law Program – Est. 1960

3. Procurement Study Centers
Birmingham
Warsaw
Nottingham
Rome
Paris
Washington, D.C.
Aix-en-Provence
Bochum
Beijing
Hawaii
Cape Town
Buenos Aires
Procurement Study Centers

4. Introduction: Aspects of Transparency Under UNCITRAL Model Law
Information on Possible Procurement
Optional
Enhances planning
Communication During Procurement
Must be recordable
Must be constant form
Law Must Be Published
Statutes & regulations
Rulings
Terms of Solicitation Must Be Clearly Stated
Award Process Transparent, To Winner, Losers, and Public 4

5. Why Is Transparency Important in Procurement?
Purchase
Agent
Principal
Bribery?
Gratuity?
Personal conflict of interest?
Organizational conflict of interest?
“Kickback” to vendor?
Fraud?
Collusion?
Other forms of market barriers? 5

6. Principal
Purchase
Agent
Purchase
Principal
Principal 6

7. What Is a Conflict of Interest? Corruption?7
What Is a Conflict of Interest? Corruption?
Agent
Principal
Principal

8. Addressing a Conflict of Interest
Agent
Purchase
Principal
Monitoring
Sanctions 8

9. Addressing a Conflict of Interest - Sanctions
Agent
Purchase
Principal
Monitoring
Sanctions 9

10. Fixing a Conflict of Interest: Transparency = Monitoring10
Agent
Purchase
Principal
Monitoring
Sanctions
Fixing a Conflict of Interest: Transparency = Monitoring

11. Conclusion Christopher Yukins cyukins@law.gwu.edu +1 202 994 9992
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