Showing posts with label bruce jenks. Show all posts
Showing posts with label bruce jenks. Show all posts

Monday, January 11, 2010

U.S. Ignored U.N. Aid Agency's Fraud and Mismanagement


FOXNews.com

Monday , January 11, 2010

By George Russell

FC1

Between 2004 and 2008, the U.S. Agency for International Development (USAID) showered more than $330 million on an obscure United Nations agency known as UNOPS — United Nations Office for Project Services — to carry out development aid projects in Afghanistan. What happened next wasn’t pretty.

Among other things, USAID apparently overlooked a growing stack of U.N. audits and investigations that pointed to fraud, mismanagement and lack of internal financial controls by UNOPS in Afghanistan, even as the U.S. agency continued to shovel money in UNOPS’s direction. So did other branches of the U.S. government, to the tune of an additional $100 million.

In a stunning number of cases, however, USAID also ignored its own oversight procedures and did not even insist that contracts with UNOPS enshrine the agency’s uncontested right to access financial records that would tell how the U.S. government money was spent. Consequently those records were never examined.

In other cases, it looked like legal loopholes were created to make sure UNOPS got to keep its financial records out of USAID’s reach.

Worse, the oversight disaster may still not be fixed—even as UNOPS, claiming that it has changed its ways, may get a bigger role in Afghanistan, financed with dollops of U.S. money, in the months and years ahead. .

U.S. government inspectors who did a 17-month study of the fiasco, however, have reported that they can’t fully assess whether the problems with UNOPS have been solved — partially due to a continuing lack of full cooperation on the part of UNOPS officials, who refused to let the inspectors question UNOPS managers thoroughly about the operations of the U.N. agency’s financial management system.

Along with refusing to allow the inspectors access to significant information about its financial management system, the study reveals that UNOPS had not even begun investigating some aspects of alleged fraud by its employees that has already been uncovered in Afghanistan, and, more importantly for future operations, still does not systematically review the accuracy of the data on its electronic books.

All of those distressing conclusions, and more, are contained in a dense, 68-page report by the Government Accountability Office (GAO), an investigative arm of Congress that examines how U.S. federal public funds are spent, and suggests a few remedies for the administrative lapses it uncovers.

Click here to read the entire report

In the case of UNOPS, GAO has been remarkably discreet. Its report was presented on Nov. 19 to the U.S. Senate Subcommittee on Investigations that originally commissioned it, then kept out of the public eye for another month.

The GAO findings only became public on Dec. 17, just in time to languish without much notice over the Christmas break. They were, however, hailed by UNOPS four days later, as the organization pledged “to continue to implement reforms that strengthen the organization’s management and financial controls.”

Both U.N. Secretary-General Ban Ki-moon and the Obama administration have their own reasons to applaud UNOPS’s attitude, however much it may or may not be grounded in fact. Both have big plans for upping U.S. spending in Afghanistan via the U.N., as part of an expanded military and civilian effort that President Obama inaugurated on Dec. 1, with the announcement that 30,000 additional U.S. troops would go to Afghanistan.

Alongside the military buildup, Secretary-General Ban on Dec. 4 began to tout a “civilian surge” in Afghanistan that would include mammoth infusions of additional development aid, under U.N. supervision, which would likely point to an increased role for UNOPS.

As part of that increase the U.N.’s requested spending this year for its peacekeeping mission in Afghanistan, known as UNAMA, is nearly $242 million, making it one of the fastest-growing — and contentious — big-ticket items in the U.N.’s 2010 budget. The U.S. share of that total would be about $63 million. (The U.S. pays about 22 percent of regular U.N budgets, and about 26 percent of peacekeeping tallies.)

But far more money than that will likely be involved. On Jan. 28, for example, Ban and British Prime Minister Gordon Brown will host a major international conference on Afghanistan that will include a significant pitch for more development aid — much of which will likely also be filtered through U.N. agencies, including UNOPS.

All of which could result in hundreds of millions of dollars worth of contracts churning through UNOPS, a little-known U.N. agency based in Copenhagen, which is the world organization’s chief on-the-ground manager for development projects, as well as a provider of procurement, human resources management, and financial management, services both for the U.N. and for other governments and private organizations.

It is also another U.N. organization swathed in diplomatic immunity and secrecy that has been stained in a series of scandals and administrative lapses in past years. The fallout from those lapses is continuing.

Last April, for example, the Inspector General of USAID issued a separate report on $25 million worth of projects sub-contracted to UNOPS between 2003 and 2006 to build small-scale infrastructure projects throughout Afghanistan. It revealed, among other things, that $10 million of the money was spent on UNOPS work in Haiti, Sudan, Sri Lanka and Dubai; that some of the projects actually completed in Afghanistan were built shoddily or to the wrong specifications and were on the verge of falling apart; that UNOPS officials saw at least one of the projects as a “cash cow,” and that UNOPS officials stonewalled when U.S. inspectors tried to find out what happened.

According to the report, UNOPS also drew down $6.7 million worth of U.S. funds from a line of credit months after the project ended, with no apparent justification. One whistleblowing U.N. employee cited in the Inspector General’s report reported that the local director of UNOPS spent about $200,000 of U.S. money on renovating his guesthouse.

At the same time, the agency’s oversight was further hampered by the fact that its 36-nation supervisory Executive Board did not have direct access to the internal audit reports documenting UNOPS’s failings — just as the same Executive Board, which also supervises the United Nations Development Program (UNDP), did not have access to internal audit reports from the same period that pointed to UNDP violations of its own rules in North Korea.

(In September 2008, the GAO report notes, UNOPS rules were altered to give Executive Board members “limited access” to the audits, if formally requested. The same change went into effect for UNDP.)

U.S. prosecutors subsequently were unable to bring civil or criminal charges against anyone involved with misappropriation of funds at UNOPS, because those officials operate under U.N. diplomatic immunity. The USAID Inspector General, however, vowed to set collection agencies on UNOPS to retrieve some of the money. UNOPS has since reported on its own website that it “has reimbursed money owed to its clients as a result of errors or misuse, and will address any new issues if they come to light.”

Click here for the Inspector General's report

The U.S. funds involved in the $25 million scandal are not even part of the bigger ocean of cash examined in the just-released GAO report.

Instead, the document observes in a footnote that UNOPS pulled down $97.8 million in U.S. subcontracting work between 2004 and 2008, over and above the money it received to undertake projects directly.

The litany of management sins uncovered in the U.N.’s own internal audits of UNOPS are the major focus of GAO concern—along with the fact that most of the documentation of those lapses was unavailable to the U.S., even as it funneled huge sums to the U.N. agency.

Since the inception of U.N. peacekeeping in Afghanistan in 2002, the GAO report says, regularly scheduled U.N. internal audits and investigations discovered that UNOPS was spending money it did not have (2002); lacked “valid information” on some of its costs and did not have an “independently validated internal control network” (2004); had “recurring expenditures” beyond its budget, along with inadequate or non-existent supervision by managers (2006), and along with continuing cost overruns, had “deficiencies in managing project budgets and expenditures in the field” (2007)

Some of the undocumented information on costs and spending increased the cost of projects dramatically. The GAO report says that the price-tag on the biggest USAID project in Afghanistan, building secondary roads, increased by a factor of ten through a series of modifications and add-ons—without supporting documentation.

In addition, an external U.N. Board of Auditors report on UNOPS, published in June, 2008, noted “significant weaknesses in the accounting and internal control system,” “inadequate cost control of projects” and other failings. At the same time the auditors declared that UNOPS “has made good progress” in “addressing various weaknesses in its internal control accounting and imprest functions.”

Click here to see a timeline of audit reports against USAID projects carried out by UNOPS

Indeed, during much of that period, UNOPS was in such bad shape that the U.N. comptroller declared in 2005 that the agency was “in a precarious situation,” and it subsequently underwent a substantial management overhaul. On its website, UNOPS claims that the new management (headed by current executive director Jan Mattson) was in the forefront of identifying the organization’s failings.

Significantly, however, the GAO study says that as far as it can determine, UNOPS financial documentation systems are still not up to the task of discovering bad management or wrongdoing. “Without a system in place that can document timely, accurate, and complete information, management’s capacity to ensure effective internal audits is limited.”

The GAO inspectors say that UNOPS’s own director of internal oversight has said that “the accuracy and completeness of data entry remain a concern.” The inspectors added their own important observation that UNOPS management “does not know the extent to which data reliability is a problem because UNOPS has not sought any systematic check on data reliability.”

Nor did UNOPS management apparently want the GAO inspectors to find out certain things on their own. As part of their investigation, the inspectors prepared a questionnaire for UNOPS managers world wide, asking them to assess how well the UNOPS financial management system, known as Atlas, captured data and strengthened internal financial controls.

The report says that UNOPS top management demanded that the inspectors cut out “almost half” of the proposed survey questions, including ones the U.S. officials felt “were important” to discovering the capabilities of Atlas.

The failings found by the inspectors on the part of USAID itself in the UNOPS case are equally grave, starting with the inexplicable lack of concern by the agency in following its own rules regarding oversight.

In dealing with organizations like UNAPS, the report says, USAID can demand a right to audit financial documentation in any contract where it is the sole donor to a project, as it was in five of 11 of the major grants made to UNOPS during the 2004-2008 period. UNAID did not demand the inclusion of that right in the contracts, the report says.

Even when the aid agency is not the sole contributor, it can negotiate for the same rights, and in four cases chose not to. In three of the four cases, the only other contributor turned out to be UNOPS itself, often in token ways, like adding in-kind landscaping services. Top UNOPS officials told the GAO inspectors that the U.N. agency’s actions were “strange,” because UNOPS is not normally a donor to anything it works on.

Says the report: “They told us these in-kind contributions might have been made to avoid USAID’s regulations.”

When it came to recommendations arising from their work, the GAO inspectors confined themselves to generalities, including the tightening up of USAID procedures to demand audits when the agency’s contributions gave it the right to do so, better training of USAID officials in those rights, and creation of some kind of system to check that the audit rights were actually asked for. All of these were apparently embraced by the State Department, of which USAID is a part.

When it came to UNOPS, the inspectors didn’t say much — presumably because the U.N. agency is immune to strong medicine administered from outside its diplomatic immunity envelope.

Instead, the GAO officials vaguely urged that Secretary of State Hillary Clinton work with other member states to “support” UNOPS’s “continued management reforms,” and to “encourage UNOPS management to assess the effectiveness of the reform effort.”

On the first GAO suggestion, UNOPS on its website has said it “takes note of these comments, and is committed to further strengthening data quality, to completing investigative processes and to implementing necessary reforms.”

But then it added, on the point of assessing the effectiveness of its reforms, that “UNOPS believes reforms have already produced tangible results.” Among other things, the agency said, its external auditors had approved its accounts without qualifications, and UNOPS has been able to sign new operating agreements with various U.N. agencies, the European Commission and the World Bank.

As a result, the agencies revenues and new business have “almost doubled,” the agency reported.

With fresh gushers of cash about to pour into Afghanistan in the near future, those revenues could be on a path to skyrocket much further — regardless how much improvement is actually registered with the way that UNOPS handles the money under its care.

George Russell is executive editor of Fox News

Wednesday, May 28, 2008

UNDP Procurement: A Shambles

Wednesday, May 28, 2008
By George Russell



The multibillion-dollar procurement business of the United Nations Development Program (UNDP), the U.N.’s flagship anti-poverty agency, is a gigantic shambles, according to UNDP’s own investigators.

Moreover, UNDP’s management has privately acknowledged that fact and is scrambling to fix the mess — even as it loudly denied concerns of a procurement scandal that have been raised by FOX News, among others.

In a confidential report obtained by FOX News, UNDP’s auditors have described the UNDP procurement organization that is spending well over $2 billion annually as:

— overwhelmed by its caseload at headquarters and in the field, while procurement ballooned from $800 million in 2003 to $2.5 billion in 2006 and $2.2 billion last year;

— often failing to provide plans to support its buying activities, which the report says causes many purchases of goods and services to be carried out on an "ad hoc basis" (in fact, more than $595 million worth of non-existent purchases were recorded, although the audit notes that they were not paid for);

— wallowing in shoddy paperwork and faulty bidding processes, which contributed to a "high number of waivers of the competitive process and to quality problems in the procurement process in general";

— lacking the expertise to evaluate hundreds of millions of dollars worth of its most expensive and important purchases in civic construction and high-tech communications;

— drastically unqualified: Fully half of the organization’s procurement staff around the world were not certified for the basic requirements of their jobs, while the auditors also found the six-hour course for those who were certified to be "inadequate." Initially, the auditors noted, "there are entire offices without a single certified buyer";

— suffering from an "apparent" conflict of interest at the top, where the people charged with vetting the procurement process for flaws are also members of the procurement office staff.

The same potentials for conflict of interest apparently dog local staffers, who, the report says, had not received official guidelines for disclosing their finances and interests, even though a policy demanding those declarations had been issued a year earlier.

Even more ominously, the same auditors point out that UNDP:

— has no sure way of knowing whether it is doing business with organizations that the U.N. itself has condemned for terrorist ties and says UNDP country offices find the current manual system of cross-checking with U.N. terrorist sanctions lists to be "cumbersome and inefficient";

— has no formal policy for suspending or removing vendors for poor performance or corruption;

— and doesn’t ask new vendors for the identity of their owners or other corporate ties. This raises the possibility that vendors caught out for corruption or poor performance could simply switch names and reapply for approved status.

The auditors also declare that at the time of their report, a staggering 260,000 vendors registered with UNDP were considered "inactive," meaning that the names existed, but the vendors were not seeking UNDP business — at least under those names.

Nor does UNDP policy, the auditors say, require detailed background checks on vendors unless "the contract amount is expected to exceed $1 million."

All of those observations, and many more almost as damning, are contained in a confidential draft audit report prepared by UNDP’s own Office of Audit and Investigations, or OAI, and embellished with comments by UNDP’s top management as of April 18. A redacted version of the draft report was obtained by FOX News.

Click here to see the draft audit.

According to its authors, the report contains some 21 "high priority" recommendations, where action is "imperative" and "failure to take action could result in major consequences and issues." All of these and other, less "imperative" recommendations were blacked out in the copy obtained by FOX News.

In several cases, where disagreement existed, it mainly appeared that top managers did not think UNDP could afford the changes or cited bureaucratic obstacles to full compliance.

The gaping holes and lack of competencies revealed by the report in the safeguards surrounding UNDP procurement have implications not only for the flagship anti-poverty agency but conceivably for many other U.N. agencies.

UNDP does business in 160 countries, where it designs all kinds of development programs in close collaboration with local governments, including a variety of radical dictatorships and many nations with abysmal corruption records.

UNDP has touted itself as a safeguard for the honesty and transparency of procurement exercises carried out on behalf of those governments — a view of UNDP probity and efficiency that the audit report essentially explodes.

Moreover, UNDP often conducts its procurement exercises to further the programs of other U.N. agencies among its far-flung constituencies, and the UNDP resident representative in each country is empowered as the U.N. secretary-general’s envoy.

UNDP is also taking the lead in an eight-country U.N. experiment known as "One U.N.," which will make the anti-poverty agency even more a conduit of all U.N. business in each nation, especially as "One U.N." rolls out further in the years ahead.

Among other things, the audit report gives grounds for questioning the wisdom of that process as it has been practiced.

The report includes a mini-digest of procurement cases with suspicious, unsatisfactory or unjustified results ranging from Ukraine ("the procurement process was unfair and non-transparent") to Colombia ("the soundness and effectiveness of the procurement process were questionable") to Somalia ("donor had requested a specific international company to be considered even though the solicitation process was local").

The importance of UNDP in the U.N. scheme of things and the controversy that has surrounded some of its recent actions are likely reasons for the apparent management scramble to meet its auditors’ concerns, especially as a key meeting of UNDP’s 36-nation supervisory executive board is scheduled to take place mid-June in Geneva.

On some issues examined in the report — notably, on the need to run background checks on vendors — management declares it will have a new system in place in June. Terrorist cross-checks, however, will take at least until July. So will the need to demonstrate planning along with "demonstrated capacity and performance," especially at the level of individual countries.

(Among other things, the audit report notes that some countries "have a rejection of 50 percent or more" on their first attempts at procurement submissions, while the overall rejection rates for Africa as a whole are "more than 40 percent.")

In April, UNDP took strong exception to a FOX News report that cited the development organization's own internal documents to show that over the past three years, UNDP had waived competitive bidding procedures for goods and services worth $879 million, roughly 58 percent of the total disbursed by UNDP headquarters during that time.

Some of the largest volumes of waivers went to countries such as the Democratic Republic of Congo, where official corruption has reached shocking levels.

In its response to the FOX report, UNDP claimed that procurement during the three-year period was $6.96 billion and claimed that waivers of competition amounted to only 7 percent of the total. That percentage, however, amounted to a redefinition of the term "waiver of competitive bidding" as used on the UNDP documents obtained by FOX.

The same month, after FOX questioned the existence of a $2.3 million UNDP procurement of U.S.-made airport scanners on behalf of the radical Chavez government in Venezuela, UNDP posted a purchase order whose date and number did not match earlier documents that the agency had said were used to ship the equipment — three weeks before the later documents attested that the deal had been done.

International anti-corruption watchdogs rank Venezuela as being on the same level as the Democratic Republic of Congo.

UNDP practices in its client countries have been controversial since January 2007, when then-U.S. ambassador to the U.N. Mark Wallace raised questions about the agency’s use of cash payments to North Koreans who were employees of the Kim Jong-Il regime and who also occupied sensitive UNDP local posts. Subsequent investigation revealed that the Kim regime had also used UNDP bank accounts to funnel money to its nuclear weapons program.

UNDP subsequently fired a member of its staff who blew the whistle on the North Korean practices and declared it was not bound by U.N. rules when the U.N.'s newly appointed ethics officer declared he had found "prima facie evidence" of retaliation against the whistleblower. An ostensibly independent report on the whistleblower’s status, written by three panelists chosen by UNDP, is expected shortly.

How successful UNDP will be at fixing the mess described in the April draft audit report remains to be seen.

Among other things, top management agreed with the auditors that greater regional supervision of UNDP country procurement decisions is required. (The auditors suggested that for waivers of competition where "exigency for the requirement" is cited as justification, "the Regional Bureau concerned should be requested to confirm that there is indeed a ‘genuine exigency.’")

But management also said that the changes in supervision would not be implemented before the end of this year.

George Russell is executive editor of FOX News.