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DG’s POLICY CONFERENCE

5-6 APRIL 2006

NAB APPROVES NEW OPERATIONAL METHODOLOGY
Islamabad, May 4, 2006: Restructuring and reappraisal of operational procedures of NAB were under review for some time. These were discussed in the Director General (DGs) Conference held on 5-6 December 2005. Interim policy decisions taken in the conference were placed on NAB’s website (www.nab.gov.pk) for wider dissemination. Thereafter major restructuring was undertaken and new Operational Methodology evolved, which were discussed and finalized in the subsequent DGs’ Conference held on 5-6 April 2006. Salient features of the new Operational Methodology are hereby released to the media for information of the public.
A. Transparency and Internal Accountability:
Transparency in investigation process: NAB has been putting emphasis on the need for a transparent working environment. The system of video conferencing was introduced in NAB in 2003. To make it more consultative and transparent while keeping the spirit of decentralization, the decisions of the DGs’ Conference held in December 2005 were placed on the Bureau’s website for wider dissemination. The new operational methodology has further focused on this particular aspect of our working. To strike upon the discretions hitherto enjoyed by the investigation officials, the mechanism of complaint verification has been re-engineered, and the concept of Reception Office introduced to minimize personal interaction between the investigator and the accused. To further crystallize the process, interaction with the accused will be conducted, by a team of investigators supervised by the Case Officer, and that too only in designated rooms where the proceedings will be fully recorded. Thorough complaint verifications and probes will be conducted to minimize the incidence of errors. In cases where there is a doubt, the accused would be asked to clarify his position before commencement of formal inquiry. A culture of civilized behaviour and courtesy is being instilled amongst the NAB officials. Timelines for inquiries and investigations have been fixed to ensure internal accountability and control, minimize delays and avoid unnecessary hardships faced by those under investigation. Electronic Monitoring:  Performance of the Bureau’s officials is being monitored centrally through a computerized monitoring system.  Every investigation officer and prosecutor is required to enter regular update/progress of investigation/prosecution into his PC that is hooked up to the central database.  This is further being refined to make it convenient for the supervisors/managers to remain abreast with the current progress of the operations and also monitor the performance of the officials. Intelligence/vigilance cells at NAB HQ and in the regions have been enlarged to provide feedback on the performance of NAB and to assists in complaint verification and inquiries.
B. Capacity Building:
Restructuring: The restructuring exercise was started in May 2004 immediately after approval of the project by the government. The exercise was accomplished with the technical and financial assistance of the ADB and DFID, UK. The study suggests that the success of NAB’s operations depends on public confidence and support, and strongly recommends that NAB must investigate every corruption complaint. To do so, NAB must enhance its existing manpower. Accordingly, a summary was submitted to the government for providing manpower of 4500 personnel but the government did not sanction the proposal due to financial constraints. A review was undertaken in December 2005. A fresh summary has now been submitted for an increase of 1500 personnel, which is the bare minimum. Specialization: is the key to a successful anti corruption strategy. Although professionalism has always been the hallmark of NAB’s functioning, but to attain high standards of professionalism the Bureau has focused on specialization and development of expertise and is honing the skills of its manpower in specific areas. As part of the its human resource development program, NAB’s emphasis is on attaining expertise in the financial and banking sector, procurement and counter money laundering. Besides, human resource management is being done on modern lines and now we have a dedicated human resource division headed by a Director General.
C. Disposal of Workload:
Clearance of Backlog: The number of complaints is way beyond the capacity to handle. In addition to cases inherited from the Ehtesab Bureau, NAB also initiated a large number of cases. The situation was further aggravated due to the merger of FIA resulting into a huge backlog. There was no corresponding increase in the already overburdened manpower. To reduce existing workload, there is an urgent need for guidelines, to cope with the workload, which has been laid down. In accordance with these guidelines, cases under inquiry and investigation for the past three years may be closed, except those pended by the Chairman, and where the accused is at large. Subject to the criteria given for prioritization, cases involving provincial employees up to grade-18 will be sent to concerned provincial Anti corruption Establishments. Cases transferred from FIA will be closed under VR/PB provided the amount involved does not exceed Rs.100, 000/, and where the amount already stands recovered. Prioritization of Cases:  An exercise of prioritization is being undertaken in view of capacity limitation and in order to enable NAB to take cognizance of important cases on a higher priority, avoid random selectivity, and to relieve itself of workload of cases of lesser importance. However, it may be noted that accountability of NAB officials ranks top at the priority list, followed by cases where victim is the general public like cooperative scams. Factors like positions of the public office holders and the amount of corruption money involved will also be kept in view while prioritizing the cases. At the same time, it is clarified that the scheme of prioritization does not mean that other cases of corruption will be ignored. Complaint Verification Cells will be established in each regional bureau for the purpose of receiving, sifting and verifying complaints. The complaints will be logged immediately on receipt, acknowledged to the complainants, and processed for approval of the executive board according to the laid down parameters that provide for, among other things, confidentiality of identity of the complainants and whistle blowers. Those complaints that do not fall within the ambit of NAO will be forwarded to the relevant agencies and those of frivolous nature will be simply disregarded, and the complainants will be proceeded against in case of malicious complaints. Timeframe for complaint verification is eight weeks. Thereafter, the complaint will either be converted into an inquiry or recommended for closure by the Executive Boards. PB & VR: The primary focus of NAB’s operations will be aimed at convictions and the practice of plea bargain and voluntary return is being discouraged as a policy, particularly where holders of public office are involved.  However, such arrangements will be acceptable generally where large recovery of state money is involved or members of the public are victims of corrupt practices.
D. Decision- making:
Executive Boards: NAB has been functioning in a consultative and participatory manner through a well-placed committee system. The process of decision-making is being made more inclusive based on wider participation. The newly established Executive Boards at the HQ level will function under the supervision of the Chairman, its decisions will be based on extensive consultation involving the Deputy Chairman NAB, the Prosecutor General Accountability, Deputy Prosecutor General Accountability, Director General Awareness and Prevention, Director General Human Resource & Finance, and representatives of the Investigation, Prosecution, and experts, as and when required. Composition of Executive Boards envisaged for the Regional Bureaus will be identical to that at the HQ, but will function under the chairmanship of the respective Directors General. Functions of the Executive Boards: Under the new operational methodology, the Executive Boards will be responsible for clearance of backlog, handling of complaints, prioritization of cases, authorization of inquiry/investigation, closure of inquiry/investigation, preparation/signing of references, and deciding upon Voluntary Return and Plea Bargain. 
E.  Awareness and Prevention:
Awareness Measures: NAB is the first anti corruption agency to depart from the traditional approach.  Alongside strict enforcement, campaign for public awareness regarding the ill effects of corruption is under implementation through media, both print and electronic, for quite some time with a view to transform the societal attitude from acceptance to abhorrence against the menace.  We are also going to educational institutes to engage youth in the anti-corruption drive.  For this, NAB is striving to incorporate anti-corruption themes in the syllabi as well.  Special Preventive Measures: Departmental Prevention:  Instead of waiting for incidence of corruption to happen, there is a need to nip the evil in the bud. Towards this, NAB plans to start interacting with the government departments to identify loopholes, leakage areas in the procedures and irregularities in the flow of money.  Special Inspection Teams: Special inspection teams will be activated to carry out raids and sting operations.  On-spot inspections of areas vulnerable to corruption will also be carried out. Evaluation of public contracts:  Arrangements for evaluation of public sector contracts involving amounts over Rs. 50 million have also been worked out. Leading cases of corruption are being studied to ascertain trends in corrupt practices in order to suggest corrective measures.
F. Miscellaneous:
Reward Policy:  We are shortly announcing a reward policy for the ‘whistle blowers/informers. Those who will provide information with evidence about indulgence of the Bureau’s officers in corruption will be given reward up to Rupees one million. NAB is also contemplating formulation of policy for encouraging investigative reporting and rewarding those who provide evidence that leads to prosecution. Arrest policy: Arrest policy adopted by NAB has been under review for some time.  NAB feels it necessary to fine-tune its approach. It has been decided that no arrest will be made during inquiry, investigation and even at the stage of reference filing, except in cases where there are apprehensions that the accused may abscond or if not arrested the investigation/prosecution will be jeopardized. Arrest of women, minors and senior citizens will be avoided as far as possible. ECL Policy:  The ECL functions are governed by Section 2 of the Exit from Pakistan (Control) Ordinance, 1981.  To ensure that an accused does not abscond, NAB may place on the ECL and remove from it, names of such accused persons, through the Ministry of Interior.  NAB gives due considerations to the ECL cases, and may recommend one time permission for visit abroad for medial treatment, performance of Umra and Hajj and even for business purposes. Such requests are however, finally approved by the Ministry of Interior. Non-Cooperation by the Departments/Individuals:  NAB is also formulating a policy to tackle non-cooperative departments / entities and actions will be taken under the relevant provisions of NAO against those who withhold information or cause hindrances in the investigative and preventive operations of NAB.

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