Sanctions Officer
Trasparencia
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Sanction Code

103-04

Project Name
Innovation in School Infrastructure (2734/OC-PN)
Country
Panama
Prohibited Practice(s)
Fraudulent Practice
Nationality
Spain
Year
Type of Sanction
Debarment

Duration

60
Months
Prohibited Practice(s) Text

Fraudulent Practices: The Respondent was found to have submitted false financial information to meet tender requirements. In addition, the Respondent was found to have failed to disclose commissions paid to the agents, as required by the bidding documents.

Synopsis

The Individual Respondent (“Respondent”) was the representative of a company that was a member of consortium participating in multiple bidding processes under the Innovation in School Infrastructure Program in Panama (the “Program”). The Office of Institutional Integrity (“OII”) submitted a Statement of Charges and Evidence against the Respondent for allegedly engaging in fraudulent practices related to the Program. OII’s specific accusation was that the Respondent presented false financial background information to satisfy the bidding requirements for construction contracts under the Program. In addition, OII argued that the Respondent failed to disclose commissions paid to the company’s agents for their assistance in proposal preparation. Consequently, and in accordance with the Sanctions Procedures, the Sanctions Officer (“SO”) issued a Notice of Administrative Action (“Notice”) to the Respondent. The Respondent did not submit a Response to the Notice.

The SO determined that it was more likely than not that the Respondent engaged in fraudulent practices. As a result, the SO imposed a sanction of debarment for a period of five (5) years, during which time the Respondent will be ineligible to participate or be awarded contracts for projects or activities financed by the Bank Group. In determining the sanction, the SO took into account, as an aggravating factor, the Respondent’s repeated pattern of conduct. As a mitigating factor, the SO considered the Respondent’s cooperation during OII’s investigation.

In accordance with the Sanctions Procedures, the sanction imposed entered into force immediately, and the Bank provided notice of this declaration of ineligibility to the other Multilateral Development Banks that are a party to the Agreement for Mutual Enforcement of Debarment Decisions.

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