The Valencian Anti-Fraud Agency participates in the fifth edition of the University of Valencia’s own Master’s Degree in Public Procurement and Compliance

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On April 9, 2024, the Agency participated in teaching the Master of Public Procurement and Compliance at the University of Valencia, in its fifth edition. It is a Master’s Degree with a multidisciplinary approach in which, in addition to the Agency, different entities and universities collaborate.

The director of the Agency for the Prevention and Fight against Fraud and Corruption of the Valencian Community, Joan Antoni Llinares, gave the presentation “The function developed by anti-fraud agencies in public procurement” during the last session of the program of this fifth edition of the Master.

The objective of this training activity has been to raise awareness about the importance of public integrity and ethics to reduce fraud and corruption, participating in a Master’s degree at the University of Valencia, where students who are specializing in the different particularities of public procurement, both from the private and public perspective.

The Agency’s presentation is based on the focus on knowledge about risk behaviors that may end up constituting a crime in the course of preparing the administrative file, the award or execution of a public contract.

The director of the AVAF, Joan Antoni Llinares, began by contextualizing the anti-corruption policies in the international changes since the 1990s, to continue through the regulatory framework in relation to corruption, both from the international background and from the Valencian public integrity system. To focus on the development of the Agency’s functions and actions, highlighting the importance of prevention for good administration.

During the presentation, we started from the complaints received by different control bodies with an impact on public procurement, to observe the main risks of fraud and corruption that can occur in public procurement, emphasizing situations of conflicts of interest, illustrating his presentation with examples of malpractice.

The last part of the conference focused on prevention as a tool to combat fraud and corruption, from international reference manuals, to the material prepared by the Agency, such as the Integrity Code of the Valencian Community, and the different specific materials prepared in relation to public procurement.

The director of the Valencian Anti-Fraud Agency concluded his speech by thanking the University of Valencia for the invitation and the co-director of the Master, María Ángeles Jareño, and wishing the students much success in their professional future.

12 Tools for Developing a Code of Ethics

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The approval of a code of ethics is one of the essential preventive measures of the well-known “anti-fraud cycle” and also an obligation imposed by Law 1/2022, of 13 April, on Transparency and Good Governance of the Autonomous Community on all public administrations.

Within the framework of an agreement between the Generalitat Valenciana, the Provincial Councils, the Valencian Federation of Municipalities and Provinces, the University of Valencia and this Agency, on March 12, 2024, I gave the presentation “How to develop a code of ethics so that it is a true framework of public integrity”. And the truth is that few are, limiting themselves to being a “copy-paste” of the principles and duties already regulated and imposed by the regulations or the result of an assignment to private entities that ends with their delivery, without worrying about their operation.

I present here the document “12 tools to develop a code of ethics”[1] and I invite you to use it in your “homes” to develop your own code of ethics using this “toolkit” with  references, examples and guidelines to ensure that every public servant exercises the position or performs his or her functions without deviating from the general interest:

1.– Legal references and key concepts of the code: count on our Code of Integrity of the Valencian Community[2], which summarizes and systematizes in a general and specific way (by areas of practice) the aspects related to integrity.

2.– Support to establish specific reinforcement mechanisms in the areas of practice of municipal competence: consult our Manual “The exercise of public office with integrity” [3]to make use of keys, precautions and useful procedures for its design, and the models attached to our AVAF Guide “The Public Integrity Plan: roadmap and facilitating annexes”,  among others.

3.- Limits inherent to the nature of the code as an internal instrument of self-regulation, without being able to innovate sanctions, reserved to the Law.

4.- On the recipients of the code: both senior officials and public employees of any kind, with extension of provisions for contractors and other recipients of public funds. This is the case of our Code, approved by Director’s Resolution No. 82 of 10/02/2022.

5.- Guidelines for activating the participatory and public process of drafting the code that involves all the recipients of the code and best practices on the involvement of governing bodies.

Examples of principles and values for consideration by each institution, with additional materials and references.

7.– The gift policy: general rule of non-acceptance, examples of courtesy uses and financial limits, forbidden gifts, record-keeping models, return policy, recourse to the OECD “GIFT” list.

8.- Elements of the code to detect, prevent and address risks contrary to integrity such as information leaks, conflicts of interest and lack of planning: regulations, examples of procedures, orientation questionnaire for their detection, practical situations of conflict of interest and irregularities, as well as mechanisms to be applied in the code and its extension to third parties (“two don’t argue if one doesn’t want to”). Possible use of the AVAF Visual Didactic Manual “Conflicts of Interest in the Key of Public Integrity”.

9.- Responsibilities for possible irregularities based on participation in decision-making processes. Guidelines and reference to the Code of Integrity cited above.

10.- Necessary provision for training in the code: the use of the AVAF’s YouTube channel.

11.- The ethics committee as an advisory body and receiver of complaints for non-compliance with the code. Examples of its functions and the regulation of the mailbox.

12.- The code as a living instrument: the need to monitor and update it to ensure its application. It’s not enough to “approve it and put it in the drawer.”

From the AVAF we hope that the document will be useful to advance in the important challenge of planning and managing public policies with integrity.

Do not hesitate to contact us if you have any questions at the following email: prevencion@antifraucv.es.

Irene Bravo Rey, Director of Prevention, Training and Documentation at the AVAF.

[1] https://www.antifraucv.es/wp-content/uploads/2024/03/12_herramientas_Codigo_Etico__.pdf

[2] https://www.antifraucv.es/codigo-de-integridad/

[3] https://www.antifraucv.es/recomendaciones-guias-y-manuales/

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