Zero tolerance policy on corruption
The employees of the Ministry of Mineral Resources and its subordinate institutions in Greenland work not only at a local level in Nuuk but also in international contexts at meetings, conferences, etc. The employees of the Ministry of Mineral Resources and its subordinate institutions work closely with the mineral and oil industry in connection with, for example, marketing activities, negotiation of prospecting, exploration and exploitation licences and supervision of mineral resources activities.
In accordance with international recommendations, the Ministry of Mineral Resources wants to forestall potential corruption risks by implementing a proactive anti-corruption policy. This anti-corruption policy is more than a policy. It also sets out guidelines applying to all employees of the Ministry of Mineral Resources and its subordinate institutions on how to respond to corruption and the risk of corruption. Studies carried out by Transparency International Greenland indicate that the risk of corruption in Greenland is low. However, the risk scenario may be challenged as the level of activity within the mineral resources area increases, which is the scenario witnessed in countries whose mineral resource revenues exceed those of Greenland. According to Transparency International, visibility and openness are decisive factors in the battle against corruption.
Going forward, the Ministry of Mineral Resources will be working for increased visibility, openness and accessibility. This anti-corruption policy provides guidance to employees of the Ministry of Mineral Resources and its subordinate institutions on how to respond when encountering corruption.
It order to avoid corruption, the employees must be able to determine whether a given conduct is corrupt. Through an increased level of information and training, this anti-corruption policy focuses on preparing the employees in the best way possible for encounters with corruption. The aim is to protect the individual employee, the Greenland society, collective interests and the strong democracy.
The Ministry of Mineral Resources will maintain the highest standards of professional ethics and conduct. These anti-corruption guidelines focus on how to deal with specific situations which may involve a risk or suspicion of corruption. The act of corruption itself as well as suspicion of corruption are both detrimental to Greenland’s interests. All employees must uphold high standards of professional conduct in their work and in their dealings with different cooperating partners.
What is corruption?
Corruption is defined as the abuse of entrusted power for personal gain. Entrusted power may be the authority entrusted to an individual person by virtue of his or her position as, for example, a public official or politician. Through his or her position, the individual employee may influence the case administration and decision-making process and thereby abuse his or her power. The concept “for personal gain” means that an incentive is offered with the aim of influencing the recipient to use his or her entrusted power. The offeror is motivated by personal interests. In the context of the above definition, the word “personal” is to be understood in the broad sense of the word. Thus, the concept does not refer to the employee alone but also to other persons or enterprises being connected with the employee.
Corruption is a threat to social stability and undermines public trust in democratic institutions and values. Society depends on the authorities’ work for the collective society. Laws and legal principles lose their meaning if corruption is met with a positive or passive attitude. That would be an insult to all those whose lives depend on the authorities’ integrity.
Corruption takes many forms. The best known forms of corruption are bribery, fraud, embezzlement and extortion. Corruption may for example take the form of transfers of money or gifts. Corruption may also involve favours with the aim of gaining advantages or influence, special treatment, special protection, extra service or favourable treatment in the case administration.
Society places a lot of trust in public authorities. This trust must be defended and safeguarded for the good of tomorrow’s democratic society.
Guidelines for public-sector employees
All employees of the Ministry of Mineral Resources and its subordinate institutions must respect and work to promote the principles of the below anti-corruption guidelines.
In addition to the below guidelines, the employees must also observe:
- Basic principles of good administrative practice in the public sector
- Basic principles of impartiality and duty of notification
- The provisions of part 11 of the Greenland Criminal Code on offences in public function or office
Part 11 of the Greenland Criminal Code provides as follows:
48. Any person who unduly receives, demands or agrees to receive a gift or another benefit in the exercise of a Greenlandic, Danish, Faroese, foreign or international public function or office is guilty of receiving bribery.
49. Any person who in public function or office abuses his position to infringe a right of a private individual or the public is guilty of abuse of public authority.
These anti-corruption policy guidelines repeal and replace all previous gift policy guidelines of the Ministry of Mineral Resources.
1. Conflicts of interest
We intend to avoid conflicts between our personal interests and the interests of the Ministry of Mineral Resources and its subordinate institutions.
A conflict of interest situation is deemed to exist whenever an employee has a personal interest which may affect the impartial and objective examination of a given matter. Personal interests include the personal interests of the employee as well as the interests of the employee’s family, friends and other persons or organisations with whom the employee has commercial, personal or political ties.
In small communities, conflicts of interest may arise very easily between personal interests and the interests of the authority due to the close local networks of people. The prospect of advantages is not necessarily explicitly voiced, but may be seen to implicitly have been so. If the employee becomes aware of a potential or actual conflict of interest, the employee must immediately notify his or her superior.
S. 3 of the Home Rule Government Act of 13 June 1994 on case administration in the public sector (the Case Administration Act) lays down rules governing the situations in which an employee working within the public administration will be disqualified.
Under these rules, an employee will generally be disqualified if the employee has a special personal or financial interest in the outcome of the matter or, if earlier in the same matter, the employee has represented someone with such interest. The same applies if a close family member of the employee has a special personal or financial interest in the outcome of the matter or in the same matter represents someone with such interest. This means, for example, that an employee will generally be disqualified if the matter concerns a mining company in which the employee’s spouse has a shareholding of a certain size.
Moreover, an employee will as a general rule be disqualified from a matter if the employee is a member of the management of or is otherwise closely connected with a company, an association or another private entity with a special interest in the outcome of the matter.
In addition, an employee will generally be disqualified in circumstances which are likely to give rise to doubts as to his or her impartiality. Such special circumstances may for example exist if an employee is a close friend of a senior oil company executive.
However, in spite of the above, an employee will not be disqualified if, as a result of the nature or strength of the interest, the nature of the matter or the employee’s functions in connection with the case administration, no risk can be assumed to exist that the outcome of the matter could be influenced by extraneous considerations.
It follows from s. 3 of the Case Administration Act that if an employee is disqualified from a matter, such employee may not make decisions, participate in the decision of or otherwise contribute to the consideration of the matter.
Due to the structure of the Ministry of Mineral Resources and its subordinate institutions, all matters are in principle subject to the individual employee’s consideration and thus the requirements for impartiality.
This means that employees with the Ministry of Mineral Resources and its subordinate institutions are not allowed to hold shares or other securities in companies which have a direct interest in, among other things, mineral resources exploration and exploitation in Greenland.
If an employee believes that he or she is disqualified in relation to a specific matter or is in doubt as to whether he or she is disqualified, the employee must immediately notify his or her immediate superior.
2. Bribery
Bribery in any form is unacceptable.
Bribery is when an employee is offered, granted or promised or receives, accepts or demands something of value, including advantages, for the purpose of influencing the employee’s actions. Bribery is of special relevance in relation to the actions of an official in the discharge of his or her public or legal duties.
It is essential that the individual employee makes a specific and active assessment of the reason why the employee is offered something of value.
The purpose of the bribe is not necessarily directly voiced. The purpose of the bribe may thus remain unsaid and still be a bribe.
In Greenland, it is illegal and punishable by law to offer, grant or promise a bribe and to receive, accept or demand a bribe.
3. Fraud
We will not use misleading information, deception or breach of trust in order to influence administrative procedures.
Fraud is the use of misleading information with the intention of obtaining an advantage, avoiding an obligation or causing a detriment to another person. Fraud is not necessarily of an economic nature as it may for example also have to do with obtaining advantages or privileges. Apart from wilful dishonesty, deception may also consist of fraudulent actions, misleading information or actions under false pretence.
Fraud is a criminal offence in Greenland.
4. Extortion
We will not seek to influence persons, companies or organisations for personal gain by abusing our official position or by using force or threats.
Extortion means that someone threatens another person for the sake of gain. Extortion may for example include threats of physical harm or damage to property and threats of omissions or rejection of documents or applications filed with a public authority. An employee may not make threats to influence case administration for the purpose of receiving money or other services.
Extortion is a criminal offence in Greenland.
5. Embezzlement
We will not abuse our position to misappropriate assets entrusted to us.
Embezzlement means an employee’s misappropriation or misuse of assets which have legally been entrusted with the authority or the individual employee by virtue of his or her position.
Embezzlement is a criminal offence in Greenland.
6. Gifts and entertainment
We will not, whether directly or indirectly, accept gifts or other benefits which constitute or may be perceived to constitute an attempt to influence case administration.
Corruption in connection with gifts includes situations where the gift is offered for the purpose of receiving a return service or favour. Corruption in connection with gifts is thus a form of bribery.
A distinction is made between direct and indirect gifts. A common feature in bribery involving these types of gifts is the grantor’s aim to receive preferential treatment. The direct gift may be in the form of cash, assets or donations. The indirect gift may include dinner invitations, excursions, entertainment events, etc.
Gifts and hospitality may be sought to be used as bribery or may be perceived by others as bribery.
As a main rule, employees may not accept direct gifts in the course of their work. However, gifts of minor value may be accepted as part of a guest/host relationship or out of common courtesy. However, these gifts do not belong to the recipient but to the Ministry of Mineral Resources or its subordinate institutions and are therefore to be passed on to the relevant authority. Gifts must be reported as part of public openness. For more information, please see the last paragraph on openness.
Gifts may for example be exchanged at meetings with interested parties from the East, including e.g. China and Korea, where it is considered impolite not to exchange gifts.
Indirect gifts may be difficult to define. The individual employee must consider the purpose of the gift and whether the gift seems reasonable in relation to local customs, value and the circumstances in general.
Participation in dinner and other events during as well as outside ordinary office hours is always subject to the consent of a superior. As a general rule, a superior must always be present at such events and no dinner invitations etc. may be accepted if a licence application or other major approval is pending.
Sponsorships and donations to the authority’s public events or activities must always be announced to the public.
Employees may not accept reimbursements of expenses from parties other than the authorities in connection with an authority’s participation in an event (travel, accommodation and meals, attendance fee, etc.).
However, the employee is allowed to accept gifts which may be considered gift items or merchandise worth less than DKK 50.
7. Nepotism
We will not give preferential treatment to persons with relations to us in connection with case administration, recruitment, procurement, provision of assistance, services, etc.
Nepotism is the favouring of family, friends or acquaintances on the basis of the employee’s personal relations with such persons. Nepotism is a manifestation of decisions not being taken on the basis of a qualitative, professional and objective assessment of the skills and competences of the person in question, but on the basis of the employee’s personal relations with the person in question. Nepotism may consist of the extension of advantages in the form of recruitment, faster processing or some other favourable treatment.
Especially in small communities it may be difficult or unavoidable to fill jobs with persons who are not part of an employee’s circle of acquaintances. However, taken in isolation, this is not a problem. Nepotism only arises when the person in question is employed or favoured on account of his or her personal relations with one or more employees.
The purpose of openness and transparency is to ensure that case administration, decisions and recruitment are effected according to objective standards without subjective favouritism.
8. Reporting of corruption
We will report any form of actual or attempted corruption.
All employees must observe the guidelines and principles provided herein. All employees must notify their superior on suspicion or proof of corruption, attempted corruption or any other violation of the guidelines or principles provided herein.
Openness is much more than public visibility
The Ministry of Mineral Resources works to promote openness and transparency towards the public and its cooperating partners. Openness and information are key to preventing and combating corruption.
As a result of openness in public administration:
- This anti-corruption policy will be posted on the Intranet and www.govmin.gl
- Information on initiatives will be published
- Information on gifts and other donations to the authorities will be published
- Information on co-operation with organisations will be published
- An annual report on the current corruption scenario will be prepared. The annual report may contain information on:
- Gifts received by the authorities and employees
- Alleged instances of corruption reported
- Identification of risks of corruption
- Procedure for handling suspicions of corruption
- Initiatives to inform and train employees
- Status assessment of the effects of this anti-corruption policy
- Any new political initiatives
- Through increased information and instruction, we aim for our employees to obtain the skills required to assess and act when encountering corrupt behaviour.
Within the Ministry of Mineral Resources we aim for all of our employees to become familiar with this anti-corruption policy as an integral part of our staff policy by:
- Posting this anti-corruption policy on the Intranet and on www.govmin.gl
- Informing all new employees on this policy both in writing and as part of the general induction and training programme provided to employees of the Ministry of Mineral Resources or its subordinate institutions
- Providing regular training and education to the employees, e.g. through participation in course
Assessment of corruption is not necessarily black or white
Going forward, openness is what strengthens common prevention.
Our zero tolerance policy on corruption means that any employee who suspects or becomes aware of corruption must notify his or her superior. Reporting a reasonable suspicion of corruption is just as important as reporting a direct knowledge of corruption. Openness is essential to future preventive initiatives. This is not only the responsibility of management but a shared responsibility.
A given matter is not necessarily black or white, but that is not to result in it not being verbalised. Addressing the grey areas and all of the risks is what strengthens future prevention and handling of corruption.
Anti-corruption code of conduct
If in doubt – you are not in doubt.
- We intend to avoid conflicts between our personal interests and the interests of the Ministry of Mineral Resources and its subordinate institutions.
- Bribery in any form is unacceptable.
- We will not use misleading information, deception or breach of trust in order to influence administrative procedures.
- We will not seek to influence persons, companies or organisations for personal gain by abusing our official position or by using force or threats.
- We will not abuse our position to misappropriate assets entrusted to us.
- We will not, whether directly or indirectly, accept gifts or other benefits which constitute or may be perceived to constitute an attempt to influence case administration.
- We will not give preferential treatment to persons with relations to us in connection with case administration, recruitment, procurement, provision of assistance, services, etc.
- We will report any form of actual or attempted corruption.
March 2015