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Enormous Potential for Nigerian Software Industry

By David South, Development Challenges, South-South Solutions

SOUTH-SOUTH CASE STUDY

Nigeria has an unfortunate global reputation as the home of 419 scams (http://en..wikipedia.org/wiki/Advance-fee_fraud). A typical 419 scam involves sending emails to people around the world in order to extort money from them. Online scams may show an unexpected technical sophistication for a country associated with poverty, but are a sign that some of Nigeria’s plentiful talents are being turned to illegal activities rather than building legitimate businesses.

Many argue that Nigeria is missing its potential to become an African legal software powerhouse. The Institute of Software Practitioners of Nigeria said the country’s annual consumption of software reached US $900 million in 2006, making it possibly Africa’s biggest market.

“Nigeria stands a good chance of dominating both the local and West African diaspora in a thriving global software market,” it argues.

Production of computer software is a major income earner for countries like the United States and India.

Many argue that Nigeria has enormous potential, if it can address some common problems: an absence of software quality assurance, poor investment in software development, poor product standards and a lack of proper documentation. In short: if Nigeria’s software industry takes on board global best practice, then it is sitting on a goldmine of legitimate business opportunities.

Chris Uwaje, president of the Institute of Software Practitioners of Nigeria (ISPON), told Business Day that the country’s software technology, if well retooled and strategically positioned for global competitiveness, could earn about US $10 billion annually from foreign software exchange.

He argued that developing the software industry would have many benefits for the population as a whole.

“Software has … become and will remain one of the fastest growing industries with power to enrich, and sustain national economies,” Uwaje said.

Some estimates put the world software industry and associated markets at US $1,300 billion, with 90 percent of the world’s software exports coming from the United States and Europe. Outside the U.S., U.K., Germany and Japan, the new and emerging countries within the software industry are India and China, and to a lesser extent Singapore and Malaysia.

According to market researcher DataMonitor, the worldwide software industry grew by 6.5 percent between 2007 and 2008.

DataMonitor forecasts that in 2013, the global software market alone will have a value of US $ 457 billion, an increase of 50.5 percent since 2008 (Datamonitor’s Software: Global Industry Guide).

Africa has a high proportion of entrepreneurs because people have next to no social supports to fall back on and need to do business to survive. Nigeria’s large youth population – 43.2 percent of the total – could be the driver of this new economy if used right.

Nigeria mostly imports software solutions despite having an extensive capacity in software development. If developed well, software could surpass oil as a revenue generator for the country.

According to A Profile of Nigeria’s Software Industry by H. Abimbola Soriyan and Richard Heeks, “A typical software company (in Nigeria) had between 11 and 50 customers (the average was 36 though a few firms involved with package installation had several thousand). There was a strong concentration among these customers. Almost all were private sector … There was a surprising lack of government/public sector organizations as customers (reflected above in the limited number of firms found in Abuja).”

Jimson Olufuye, president of the Information Technology Association of Nigeria (ITAN), believes that more needs to be done to support the software developers. And while on paper there is strong support for this sector in information technology policy, “In addition, we need to establish more IT parks with appropriate policies on infrastructure, human resources, incentives and business plan.”

Wahab Sarumi, chief executive officer of Wadof Software Consulting, explains the problem: “Indigenous software developers are an endangered species, abandoned by the government, neglected by its own people and bullied by the poachers from India, to whom Nigerian businesses rush to buy software applications to solve local business problems.”

Already, Nigerian software firms are offering existing off-the-shelf software that they custom package with local services. This recognizes software made in advanced countries isn’t entirely right for developing countries: and this is where business opportunities await for software developers.

But the key to success, at the end of the day, is to be the best solution on offer for the right price. James Agada, managing director of ExpertEdge Limited, believes people buy the best software for the task and don’t care where it comes from.

“If you want to sell software, the buyer does not buy the software alone, he buys the software, buys capacity to support the software, buys your capacity to improve on the software, he buys what he assumes is your mastery of the domain the software … the software must be able to compete favourably with its competitors.”

Published: February 2010

Resources

1) West Africa Trade Hub: A great resource for doing business in West Africa . Website:http://www.watradehub.com/index.php?option=com_content&task=view&id=1439

2) Rogue Economics: A website accompanying the book by Loretta Napoleoni on the illegal economic activities unleashed after the fall of communism. Website: http://www.lorettanapoleoni.com/

3) Towards an African E-Index: SMS e-Access and Usage Across 14 African Countries: A report from 2006 showing how small and medium African businesses increase income with ICTs. Website:http://mobileactive.org/research/towards-african-e-index-sms-e-access-and-usage-across-14-african-countries

4) Changing Dynamics of Global Computer Software and Services Industry: Implications for Developing Countries: A report from UNCTAD on how computer software can become the most internationally dispersed high-tech industry. Website:http://www.unctad.org/templates/webflyer.asp?docid=1913&intitemid=2529&lang=1

5) A Profile of Nigeria’s Software Industry by H. Abimbola Soriyan and Richard Heeks, Paper No 21, 2004, Development Informatics: Working Paper Series. Website: http://tinyurl.com/yh25dpa

6) Institute of Software Practitioners of Nigeria: A great contact point for finding legitimate software developers in Nigeria. Website: http://www.ispon.org/

7) Tech Soup: A great place to meet legitimate software developers and learn more. Website:http://home.techsoup.org/pages/default.aspx

Development Challenges, South-South Solutions was launched as an e-newsletter in 2006 by UNDP’s South-South Cooperation Unit (now the United Nations Office for South-South Cooperation) based in New York, USA. It led on profiling the rise of the global South as an economic powerhouse and was one of the first regular publications to champion the global South’s innovators, entrepreneurs, and pioneers. It tracked the key trends that are now so profoundly reshaping how development is seen and done. This includes the rapid take-up of mobile phones and information technology in the global South (as profiled in the first issue of magazine Southern Innovator), the move to becoming a majority urban world, a growing global innovator culture, and the plethora of solutions being developed in the global South to tackle its problems and improve living conditions and boost human development. The success of the e-newsletter led to the launch of the magazine Southern Innovator.  

Other stories from Development Challenges, South-South Solutions:

African Digital Laser Breakthrough Promises Future Innovation 

China Looking to Lead on Robot Innovation

Digital Mapping to put Slums on the Map

New Weapon Against Crime in the South

Follow @SouthSouth1

Google Books: https://books.google.co.uk/books?id=I_hcAwAAQBAJ&dq=development+challenges+october+2013&source=gbs_navlinks_s

Slideshare: http://www.slideshare.net/DavidSouth1/development-challenges-october-2013-issue

Southern Innovator Issue 1: https://books.google.co.uk/books?id=Q1O54YSE2BgC&dq=southern+innovator&source=gbs_navlinks_s

Southern Innovator Issue 2: https://books.google.co.uk/books?id=Ty0N969dcssC&dq=southern+innovator&source=gbs_navlinks_s

Southern Innovator Issue 3: https://books.google.co.uk/books?id=AQNt4YmhZagC&dq=southern+innovator&source=gbs_navlinks_s

Southern Innovator Issue 4: https://books.google.co.uk/books?id=9T_n2tA7l4EC&dq=southern+innovator&source=gbs_navlinks_s

Southern Innovator Issue 5: https://books.google.co.uk/books?id=6ILdAgAAQBAJ&dq=southern+innovator&source=gbs_navlinks_s

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ORCID iD: https://orcid.org/0000-0001-5311-1052.

© David South Consulting 2021

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The Ethics Of Soup: Grading Supermarket Shelves – For Profit

By David South

This Magazine (Canada), March-April, 1993

Where social activists have tried and failed to get Canadian corporations to change their behaviour towards the environment, labour, women and minorities, EthicScan Canada – a for-profit consulting and research firm – steps in.

Toronto-based EthicScan acts as a consultant on ethical issues to both government and private businesses and produces a guide for investors. Its latest project hit the bookstores last fall. The Ethical Shopper’s Guide to Supermarket Products rates products according to companies’ ethical performance. “EthicScan is the only company in Canada doing this,” says senior writer Joan Helsen. “Companies respond to us differently because we are – like them – a business. We have a very good reputation for doing strong research and presenting the facts.”

Non-profit groups have produced similar guides. In the US, perhaps the best known is the American Council on Economic Priorities’ Shopping for a Better World. Here in Canada, both Pollution Probe’s Green Consumer Guide and the Ontario Public Interest Research Group’s The Supermarket Tour offer educational information.

But The Ethical Shopper’s Guide is the first guide in Canada to give a product-by-product breakdown, and to detail the web of corporate ownership. It lists more than 1,200 brand-name products from baby food to soft drinks, with the manufacturer’s “grade” for each ethical category. The guide also profiles 87 companies, with an “honour roll” of 37 corporations.

All of this can be confusing. Oxo gets an F for “women’s issues” and F+ for “environmental management,” but scores A+ on “progressive staff policies” and “environmental performance.” (Apparently. “environmental management” has to do with company structures for dealing with environmental issues while “environmental performance” measures how much it actually pollutes.) What aspect of Oxo’s ethical behaviour do you reward or punish?

EthicScan’s approach fits current advertising trends. Nissan tells us it is just trying to build cars we can live with. Loblaws puts “Green” on everything from plastic garbage bags to tubes of shampoo. But once idea-starved ad copywriters move on to the next gimmick, EthicScan may find that the relationship between ethics and profit isn’t as straightforward as its grading system suggests.

“Goods on Groceries” was published in Now Magazine, July 2-8, 1992 (Toronto, Canada).

This work is licensed under a Creative Commons Attribution 4.0 International License.

ORCID iD: https://orcid.org/0000-0001-5311-1052.

© David South Consulting 2021

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Hijacked! | The Taking of the American Order

“We will be asking: is bribery business as usual at the UN?”, US Attorney Preet Bharara, October 2015

“If proven, today’s charges will confirm that the cancer of corruption that plagues too many local and state governments infects the United Nations as well.”, US Attorney Preet Bharara, October 2015

“Corruption at any level of government undermines the rule of law and cannot be tolerated. But corruption is especially corrosive when it occurs at an international body like the United Nations. By paying bribes to two U.N. ambassadors to advance his interest in obtaining formal support for the Macau conference center project, Ng Lap Seng tried to manipulate the functions of the United Nations. The sentence handed down today demonstrates that those who engage in corruption will pay a heavy price and serves as a reminder that no one stands above the law.”, Acting Assistant General John P. Cronan, May 2018

“It is important to send a message, to the people at the UN itself and to other institutions in this country, that perverting the decision-making or attempting to pervert the decision-making through bribes will not be tolerated.”, US District Judge Vernon Broderick, May 2018

It first came to light in 2015. Arrests by the FBI (Federal Bureau of Investigation) in New York – steps away from the headquarters of the United Nations – began a journey of discovery that led to a remarkable story of global order and power upended. Since World War II one country alone reigned supreme over the global economy and the rules and norms that underpinned it: the United States.

In this brief taster, I will flesh out what I have learned to date, framing it in the context of the post-WWII global order.

Oh, what a tangled web we weave, when first we practice to deceive!” (Sir Walter Scott, 1808)

“We lead double lives. We deal in sex and beautiful women,” Burke’s Law, ‘Who Killed Alex Debbs?’, Episode aired 25 October 1963

Chapter One

The Strange Saga of ‘South-South News’ https://davidsouthconsulting.org/the-strange-saga-of-south-south-news/

It is a story that has it all: the gambling sin-bin of Macau, human and sex trafficking, bribery, corruption, money laundering, spies, and, if they are to be believed, naive UN officials hiding behind their laissez-passer passports who knew nothing about all of this but were happy to take the money for a five-star conference and a trip to China (and a free iPad). How the UN ended up in this quagmire leaves many puzzled and perplexed. Then there is a so-called “21st century” media service that really is a “conduit” for bribery and money laundering (and possibly fake news), and who to this day is still reporting from the United Nations.

May 2018 saw the ending of one chapter in the ongoing corruption saga surrounding the executives of South-South News and their alleged bribery and money laundering conduit targeting the United Nations (UN). On 11 May 2018 Ng Lap Seng was sentenced to 4 years in prison for being the ring leader of an elaborate, multi-year, multinational scheme to bribe UN officials and launder money into the United States.

On 28 February 2018 Jeff Yin received a seven-month prison sentence related to the corruption scandal that first erupted in September 2015, with the arrests in New York (home of the UN’s global headquarters) of his boss, Macau casino owner and businessman Ng Lap Seng and assistant, Yin, by the FBI (Federal Bureau of Investigation). Foreign Policy called the case one of “The Worst Corruption Scandals of 2015”. Read the US Justice Department Docket here: https://www.justice.gov/criminal-fraud/fcpa/cases/ng-lap-seng-and-jeff-c-yin.

The US Attorney for the Southern District of New York at the time, Preet Bharara, released a flowchart showing how the alleged bribery scheme targeting the United Nations worked. A series of court trials followed for the various co-conspirators, including senior executives and board members for South-South News, culminating in the 27 July 2017 conviction of the alleged ring leader of the scheme, Macau casino billionaire Ng Lap Seng, on six counts “for his role in a scheme to bribe United Nations ambassadors to obtain support to build a conference center in Macau that would host, among other events, the annual United Nations Global South-South Development Expo“. He used the news service South-South News as a “conduit for bribery and money laundering” at the United Nations, according to the FBI, something admitted to by various co-conspirators in court and under oath.

“South-South staff found him to be ‘humble, very happy to host a meeting and become closer to the U.N.,’ said Inyang Ebong-Harstrup, deputy director of the United Nations Office for South-South Cooperation, a division of the U.N., who met Mr. Ng in August when she traveled to Macau.” The Wall Street Journal (9 October 2015)

Foreign Policy called the case one of “The Worst Corruption Scandals of 2015”.

In March 2015 UNOSSC Director Yiping Zhou (left) signed a cooperation agreement with the Sun Kian Ip Group of Macau to “set up a multi-partner trust fund to promote the cause of South-South Cooperation” (https://usanewsonline.com/2015/03/07/south-south-cooperation-and-chinese-sun-kian-ip-group-signs-cooperation-agreement/). In April 2015 UNOSSC Deputy Director Inyang Ebong-Harstrup (middle) met with the Chairman of the Sun Kian Ip Group, Ng Lap Seng, in Macau (https://www.wsj.com/articles/u-n-team-had-cleared-group-at-center-of-bribery-case-1444432560). “Adam Rogers (right), an assistant director at the UN Office for South-South Cooperation [UNOSSC], said Ng made hosting that UN event possible.” (http://www.uniindia.com/us-charges-expected-in-un-corruption-probe-involving-macau-developer-source/international/news/225908.html). Sources: Statement Concerning the United Nations Office for South-South Cooperation, UNDP (May 5, 2016); United Nations Audit Raises Red Flag: Graft. Complimentary travel and free iPads. And moving project goalposts., Macau Business Daily, April 25, 2016.

Subsequent Roles

Yiping Zhou: Special Envoy of Director General of the World Women Organization/Chief Advisor of the WWO

Inyang Ebong-Harstrup: Chief of Partnerships, ID 2020

Adam Rogers: Board Member, ConnectAID

UNDP’s Office of Audit and Investigation (OAI) recently published an Audit of UNOSSC which rated the Office ‘unsatisfactory’. The Audit makes 16 recommendations with the objective of improving UNOSSC’s effectiveness in the areas of: governance; programme and project activities; and operations.

US District Judge Vernon Broderick: “there was substantial damage done to the UN itself and the image of the UN”.

Read more from Canada’s CBC News: UN internal audit uncovers lapses tied to bribery scandal | Report highlights the need for greater transparency within the United Nations, officials say

“The United Nations’ internal investigations office has uncovered serious lapses and due-diligence failures in the world body’s interaction with organizations tied to an alleged bribery scheme involving a former UN General Assembly president.

The 21-page confidential report by the UN Office of Internal Oversight Services’ (OIOS), reviewed by Reuters, outlines the results of an audit ordered by Secretary General Ban Ki-moon in response to charges against John Ashe, General Assembly president in 2013-2014, and six other people. …

It noted “important deficiencies” in the way United Nations and its staff interacted with non-governmental organizations (NGOs) and oversees UN employees.

It is the biggest financial corruption crisis to rock the United Nations since the Oil-for-Food scandal hit the world body during the tenure of Ban’s predecessor Kofi Annan.” 

Chapter Two: Sustainable Bribery Goals

Chapter Three: Mr Rogers’ ‘Neighborhood’

The Networks

Network 1

Source: The Age, NOVEMBER 11, 2018.

Network 2

Source: The Wall Street Journal, Nov. 23, 2018. “Bribery Trial Spotlights China’s ‘Belt and Road’: Justice Department prosecutes pitchman for company key to Beijing’s global program”.

Network 3

Network More?

(Sources: Department of Justice, Federal Bureau of Investigation, Supreme Court of the United States)

Chapter Four: I Spy with My Little Eye

Chapter Five: America’s “Bitch” or China’s “Partner”?

Chapter Nine: Pax Chaotica

Pax Chaotica: A Re-evaluation of Post-WWII Economic and Political Order

Chapter Ten: War, Peace & Development

War, Peace And Development | May 2018

Many books now chronicle the multiple facets of the bribery and money laundering network targeting the United Nations from 2010 via South-South News and other entities. From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft Edited by T. Markus Funk and Andrew S. Boutros, Oxford University Press, 30 May 2019, Chinese Spies: From Chairman Mao to Xi Jinping by Roger Faligot, Hurst, 2019, Historical Dictionary of Chinese Intelligence by I. C. SmithNigel West, Rowman & Littlefield Publishers, 5 February 2021, ONU: la grande imposture by Pauline Liétar, Albin Michel, 4 October 2017, Organized Crime and Corruption Across Borders: Exploring the Belt and Road Initiative Edited ByT. Wing Lo,Dina SiegelSharon Kwok, Routledge, 1 April 2021.
Books covering the 2015 United Nations SDGs bribery scandal: ONU: La Grande Imposture, Organized Crime and Corruption Across Borders, New Humanitarianism and the Crisis of Charity: Good Intensions on the Road to Help, Historical Dictionary of Chinese Intelligence.

Further Reading

Books

From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft Edited by T. Markus Funk and Andrew S. Boutros, Oxford University Press, 30 May 2019

Blood Brothers: The Criminal Underworld of Asia by B. Lintner, Springer, 2016

“From pirates singing Ricky Martin to mob hits carried out with samurai swords, Bertil Lintner offers a fascinating look at organized crime in the Asia Pacific. Both Western and Asian pundits assert that shady deals are an Asian way of life. Some argue that corruption and illicit business ventures – gambling, prostitution, drug trafficking, gun running, oil smuggling – are entrenched parts of the Asian value system. Yet many Asian leaders maintain that their cities are safer than Sydney, Amsterdam, New York, and Los Angeles. Making use of expertise gained from twenty years of living in Asia, Lintner exposes the role crime plays in the countries of the Far East. In Blood Brothers , he takes you inside the criminal fraternities of Asia, examining these networks and their past histories in order to answer one question: How are civil societies all over the world to be protected from the worst excesses of increasingly globalised mobsters?”

Chinese Spies: From Chairman Mao to Xi Jinping by Roger Faligot, Hurst, 2019

Crime and Development in the Global South by Jarrett Blaustein, Graham Ellison, Nathan Pino, The Palgrave Handbook of Criminology and the Global South, January 2018

Criminology and the UN Sustainable Development Goals: The Need for Support and Critique by Jarrett Blaustein, Nathan W Pino, Kate Fitz-Gibbon, Rob White, The British Journal of Criminology, Volume 58, Issue 4, July 2018

Corruption in the Global Era: Causes, Sources and Forms of Manifestation edited by Lorenzo Pasculli and Nicholas Ryder, Taylor & Francis, 2019

“Corruption is a globalising phenomenon. Not only is it rapidly expanding globally but, more significantly, its causes, its means and forms of perpetration and its effects are more and more rooted in the many developments of globalisation. The Panama Papers, the FIFA scandals and the Petrobras case in Brazil are just a few examples of the rapid and alarming globalisation of corrupt practices in recent years. The lack of empirical evidence on corrupt schemes and a still imperfect dialogue between different disciplinary areas and between academic and practitioners hinder our knowledge of corruption as a global phenomenon and slow down the adoption of appropriate policy responses.”

The Foreign Corrupt Practices Act Handbook: A Practical Guide for Multinational General Counsel, Transactional Lawyers and White Collar Criminal Practitioners by Robert W. Tarun, American Bar Association, 2010

Historical Dictionary of Chinese Intelligence by I. C. SmithNigel West, Rowman & Littlefield Publishers, 5 February 2021

The Long Game: China’s Grand Strategy to Displace American Order by Rush Doshi, Oxford University Press, 08 July 2021

This introductory chapter summarizes the book’s argument. It explains that U.S.-China competition is over regional and global order, outlines what Chinese-led order might look like, explores why grand strategy matters and how to study it, and discusses competing views of whether China has a grand strategy. It argues that China has sought to displace America from regional and global order through three sequential “strategies of displacement” pursued at the military, political, and economic levels. The first of these strategies sought to blunt American order regionally, the second sought to build Chinese order regionally, and the third — a strategy of expansion — now seeks to do both globally. The introduction explains that shifts in China’s strategy are profoundly shaped by key events that change its perception of American power.

ONU: la grande imposture by Pauline Liétar, Albin Michel, 4 October 2017

“Au terme d’un long travail d’investigation, la journaliste Pauline Liétar en dévoile les pratiques hallucinantes… et courantes : les soutiens politiques s’achètent, les gaspillages sont légion.”

Organized Crime and Corruption Across Borders: Exploring the Belt and Road Initiative Edited byT. Wing Lo,Dina SiegelSharon Kwok, Routledge, 1 April 2021

Chapter: A hard-boiled Belt and Road Backlash to the UN-Bribes-for-OBOR scandals By Daniel Garrett

The Palgrave Handbook of Criminology and the Global South Edited by Kerry CarringtonMáximo SozzoRussell HoggJohn Scott, 12 January 2018

“The first comprehensive collection of its kind, this handbook addresses the problem of knowledge production in criminology, redressing the global imbalance with an original focus on the Global South. Issues of vital criminological research and policy significance abound in the Global South, with important implications for South/North relations as well as global security and justice. In a world of high speed communication technologies and fluid national borders, empire building has shifted from colonising territories to colonising knowledge. The authors of this volume question whose voices, experiences, and theories are reflected in the discipline, and argue that diversity of discourse is more important now than ever before.   Approaching the subject from a range of historical, theoretical, and social perspectives, this collection promotes the Global South not only as a space for the production of knowledge, but crucially, as a source of innovative research and theory on crime and justice. Wide-ranging in scope and authoritative in theory, this study will appeal to scholars, activists, policy-makers, and students from a wide range of social science disciplines from both the Global North and South, including criminal justice, human rights, and penology.”

Who Blunders and How: The Dumb Side of the Corporate World by Robin Banerjee, Sage Publications, 2019

Wilful Blindness: How a Network of Narcos, Tycoons and CCP Agents Infiltrated the West by Sam Cooper, Optimum Publishing International, May 2021

The role of Ng Lap Seng in the “Vancouver Model” in Canada.
Journalists and scholars alike have probed deep into the criminogenic networks across the global South. Crime and Development in the Global South by Jarrett Blaustein, Graham Ellison, Nathan Pino, The Palgrave Handbook of Criminology and the Global South, January 2018, Criminology and the UN Sustainable Development Goals: The Need for Support and Critique by Jarrett Blaustein, Nathan W Pino, Kate Fitz-Gibbon, Rob White, The British Journal of Criminology, Volume 58, Issue 4, July 2018,
Corruption in the Global Era: Causes, Sources and Forms of Manifestation edited by Lorenzo Pasculli and Nicholas Ryder, Taylor & Francis, 2019, Who Blunders and How: The Dumb Side of the Corporate World by Robin Banerjee, Sage Publications, 2019,
Wilful Blindness: How a Network of Narcos, Tycoons and CCP Agents Infiltrated the West by Sam Cooper, Optimum Publishing International, May 2021.

Media Reports by Month and Year

The Strange Saga of ‘South-South News’ https://davidsouthconsulting.org/the-strange-saga-of-south-south-news/

In the Headlines

Legal Documents

What is the FCPA? “The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. (“FCPA”), was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. Specifically, the anti-bribery provisions of the FCPA prohibit the willful use of the mails or any means of instrumentality of interstate commerce corruptly in furtherance of any offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, while knowing that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to a foreign official to influence the foreign official in his or her official capacity, induce the foreign official to do or omit to do an act in violation of his or her lawful duty, or to secure any improper advantage in order to assist in obtaining or retaining business for or with, or directing business to, any person.”

The Docket

“As to §666, the Second Circuit
held that the statutory term “organization” covers not
only private organizations, but also quasi-sovereign
public international bodies like the UN
…”

Navigating the Foreign Corrupt Practices Act: The Increasing Cost of Overseas Bribery

“… corrupt payments to officers and employees of public international organizations are prohibited by the FCPA’s anti-bribery provisions. Public international organizations covered by the FCPA include, among others: the United Nations, International Monetary Fund, World Bank, African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development,Inter-American Development Bank,International Maritime Organizations, International Bank for Reconstruction and Development, International Finance Corporation, Multilateral Investment Guarantee Organization,Organization for African Unity,and the Organization of American States.” (Navigating the Foreign Corrupt Practices Act: The Increasing Cost of Overseas Bribery by Robert C. Blume and J. Taylor McConkie)

FCPA Professor: Bribery Involving The United Nations (December 28, 2017)

“The United Nations has a number of anti-corruption initiatives. For starters, there is the United Nations Convention Against Corruption, it hosts the Conference of the States Parties (COSP) (the main policy-making body of the Convention), and the U.N.’s Global Compact states that “businesses should work against corruption in all its forms, including extortion and bribery.”

Instead of looking outward, perhaps the United Nations should look more inward as several Foreign Corrupt Practices Act enforcement actions … have involved U.N. officials or U.N. programs.”

JDSupra: Court to World: Yes, FCPA Is Still Sweeping

“Compliance officers may have seen news of a recent federal appeals court decision that upheld an expansive view of Foreign Corrupt Practices Act enforcement

One said the ruling might be “the tip of the iceberg” that heralds more individuals challenging FCPA enforcement. 

We rarely get appellate court rulings on the scope of the FCPA, so the case spurred numerous headlines. One said the ruling might be “the tip of the iceberg” that heralds more individuals challenging FCPA enforcement. 

For corporate compliance officers running entire programs, however, the case is just more of the same blizzard you’ve been enduring for years – trying to find a steady path forward. 

The case itself, U.S. v. Ng Lap Seng, is straightforward. A Chinese national, David Ng, was a wealthy real estate developer in Macau. In the early 2010s he bribed two United Nations officials by giving them sham consulting contracts worth hundreds of thousands of dollars, in exchange for them trying to convince other U.N. officials to declare one of Ng’s convention centers the permanent home for a lucrative annual development conference. 

Eventually the scheme unraveled, and in 2017 a jury convicted Ng in federal district court of violating the FCPA. 

Ng appealed. He argued that any bribery prosecution must meet the high standards of an “official act” as spelled out in McDonnell v. U.S. — a U.S. Supreme Court ruling from 2016 that addresses cases of domestic bribery of U.S. government officials. Ng wanted that same standard to apply to FCPA cases involving bribery of foreign government officials.

Um, no. The 2nd Circuit Court of Appeals ruled against Ng on Aug. 9, noting that the text of the FCPA defines the quid pro quo of bribery much more expansively than other parts of U.S. law that address domestic bribery. Therefore, the narrow standards of McDonnell don’t apply for FCPA prosecution.”

How to Report Corruption and Bribery at UNDP (United Nations Development Programme)

The Office of Audit and Investigations (OAI) “provides UNDP with effective independent and objective internal oversight that is designed to improve the effectiveness and efficiency of UNDP’s operations in achieving its development goals and objectives through the provision of internal audit and related advisory services, and investigation services.”  

They can be directly emailed here: reportmisconduct@undp.org

Ethics @UNDP

“UNDP’s ethical culture demands that we all hold each other to the same standards of behavior. We expect that if integrity pervades the organization and those who commit misconduct are called to task, the message will become ingrained. The UN is looked upon as the standard bearer for ethical and humanitarian behavior. Our personnel have an obligation to uphold that legacy because individual actions affect UNDP’s image, credibility and reputation.

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What is the UN doing with your data?

If you allow another country to gain access to really critical data about your society, over time that will erode your sovereignty, you no longer have control over that data.

MI6 chief Richard Moore to BBC News (30 November 2021).

Are the Chinese secret services now the most powerful in the world?

Roger Faligot, Chinese Spies: From Chairman Mao to Xi Jinping (2019).
In 2015 the Federal Bureau of Investigation (FBI) busted UN-based South-South News for being a “conduit” for bribery and money laundering at the United Nations. It participated in an audacious scheme to build a new UN centre in Macau, China for the United Nations Office for South-South Cooperation’s (UNOSSC) GSSD Expo.

Introduction

Data. The United Nations (UN) has always gathered data and published it. But since the advent of the digital revolution, data collection has taken on new forms. It is now gathered 24/7 and sits in databases – or on somebody’s smartphone. It flows in, and flows out. Some call it a ‘data deluge’. Since 2000, despite various initiatives (irritating ‘cookies’ warnings before you can interact with a web page, or the more legalistic General Data Protection Regulation (GDPR) – a regulation in EU law on data protection and privacy in the European Union and the European Economic Area) data has become incontinent: it leaks out everywhere.

An orgy of cross-border data collection and harvesting has only increased in its intensity in the past 20 years. And the UN and other international organisations have played their part.

But what most of us do not want to think about is this: that data is power and when it is parsed and sifted by algorithms and AI (artificial intelligence), it allows the entity doing this to engage in event-shaping. How much of our lives is being shaped by digital ‘voodoo dolls’ in a cyber centre somewhere?

And, as the head of the UK’s MI6 intelligence service says, “over time that will erode your sovereignty, you no longer have control over that data.” In short, you’ve been hacked.

2011

France24: UN among victims of massive cyber-spying campaign

“Cyber-security experts have unveiled one of the biggest computer hacking campaigns to date, releasing a list of 72 organisations whose networks were attacked over a five-year period. Victims include the UN and several governments.

REUTERS – Security experts have discovered the biggest series of cyber attacks to date, involving the infiltration of the networks of 72 organizations including the United Nations, governments and companies around the world. … 

In the case of the United Nations, the hackers broke into the computer system of its secretariat in Geneva in 2008, hid there for nearly two years, and quietly combed through reams of secret data, according to McAfee.”

2017

June

BBC: Accenture and Microsoft plan digital IDs for millions of refugees

Guardian: Secret aid worker: we don’t take data protection of vulnerable people seriously

“Personal information leaked in sensitive contexts can spark violence, discrimination, exclusionary policies. Yet my NGO shares confidential data freely.”

December

UNHCR: ID2020 and UNHCR Host Joint Workshop on Digital Identity

2019

June

Xinhua: China, UN to build big data research institute in Hangzhou

2020

January

The New Humanitarian: EXCLUSIVE: The cyber attack the UN tried to keep under wraps

“If there are no consequences for the [UN] agencies for failures like these … there will be more breaches.”

About this investigation:
While researching cybersecurity last November, we came across a confidential report about the UN. Networks and databases had been severely compromised – and almost no one we spoke to had heard about it. This article about that attack adds to The New Humanitarian’s previous coverage on humanitarian data. We look at how the UN got hacked and how it handled this breach, raising questions about the UN’s responsibilities in data protection and its diplomatic privileges.

https://www.forbes.com/sites/daveywinder/2020/01/30/united-nations-confirms-serious-cyberattack-with-42-core-servers-compromised/?sh=4cb9c05d633d

UN confirms it suffered a ‘serious’ hack, but didn’t inform employees

Approximately 4,000 employees may have had their data compromised.

XDR Report: UN hacked: Attackers got in via SharePoint vulnerability

“In summer 2019, hackers broke into over 40 (and possibly more) UN servers in offices in Geneva and Vienna and downloaded “sensitive data that could have far-reaching repercussions for staff, individuals, and organizations communicating with and doing business with the UN,” The New Humanitarian reported on Wednesday.”

Oz Alashe, CEO of CybSafe, says that the unintentional disclosure of this cyber attack on such an important institution last year is concerning.

“This delay, and the fact that the UN did not report this attack to any governing authority – or even their own staff – may have put victims at unnecessary risk. Not only were staff passwords stolen, system controls and security firewalls were compromised too which could have led to the critical confidential reports falling into criminal hands,” he pointed out.

This attack could end up undermining trust in the UN – trust that they are able to keep sensitive information safe and trust that they will notify affected individuals when they fail.”

April

Quartz: The UN is partnering with China’s biggest surveillance software company

Foreign Policy: EXCLUSIVE U.N.: Backs Down on Partnership With Chinese Firm for 75th Anniversary: The decision comes after U.S. officials and human rights advocates complained that Tencent aids Beijing in surveillance.

October

WSJ Opinion: China Uses the U.N. to Expand Its Surveillance Reach | In the name of ‘sustainable development,’ Beijing takes the lead in data collection efforts.

December

United Nations: Inauguration Ceremony Regional Hub for Big Data in China in support of the United Nations Global Platform

“I am very honoured to join you today in this inauguration ceremony of the Regional Hub for Big Data in China, in support of the United Nations Global Platform. The inauguration of this Regional Hub is most important, and timely. 

The demand for data, especially during the COVID-19 pandemic, is greater than ever.  Governments are in need of detailed data on the spread of the virus and its impacts on society. Under these challenging circumstances, statistical institutes have had to respond urgently to the demand for data, and to present innovative solutions. Consequently, in these times of need, the statistical community is now able to effectively use Big Data and advanced technologies. 

For example, census data – together with detailed geospatial information – can help identify the most vulnerable populations during the pandemic. And, real-time data on the position and movement of ships, for example, can estimate the volume of cargo being transported, and thus help produce estimates on the state of the economy. These real-time shipping data are available as a global data set on the United Nations Global Platform, and can be accessed by the whole statistical community.”

Foreign Policy: CHINA USED STOLEN DATA TO EXPOSE CIA OPERATIVES IN AFRICA AND EUROPE: The discovery of U.S. spy networks in China fueled a decadelong global war over data between Beijing and Washington.

“Around 2013, U.S. intelligence began noticing an alarming pattern: Undercover CIA personnel, flying into countries in Africa and Europe for sensitive work, were being rapidly and successfully identified by Chinese intelligence, according to three former U.S. officials. The surveillance by Chinese operatives began in some cases as soon as the CIA officers had cleared passport control. Sometimes, the surveillance was so overt that U.S. intelligence officials speculated that the Chinese wanted the U.S. side to know they had identified the CIA operatives, disrupting their missions; other times, however, it was much more subtle and only detected through U.S. spy agencies’ own sophisticated technical countersurveillance capabilities.”

2021

January

ITPro: United Nations suffers potential data breach: Hackers could have breached the database long before the UN applied a patch

Japan Forward: China Strengthens Influence on the U.N. Through Big Data Collection

A United Nations research institute is being set up in China that will amass and analyze huge amounts of data from around the world on sustainable development goals. Chinese researchers are expressing the need for data in order to analyze human behavior.

“China’s influence is undoubtedly growing in the United Nations, with four of the 15 specialized agencies of the intergovernmental organization being led by Chinese nationals. Beijing seized the “absence” of the United States, accelerated by the Trump administration’s disdain for the U.N., to extend its tentacles to unexpected places.

A plan to set up the first U.N. big data research institute is underway in Hangzhou, Zhejiang Province, China. Officially, it would facilitate U.N. operations by amassing and analyzing huge amounts of data from around the world on sustainable development goals (SDGs) to tackle global issues such as starvation and climate change.

One cause for concern is that Chinese researchers are expressing the need for data in order to analyze human behavior. The United States, which is wary of any data leaks to China, is raising alarms against the plan. In an October 7, 2020, article in The Wall Street Journal,Hudson Institute fellow Claudia Rosett warned that the plan would enable China to collect data from U.N. member states and set the standards for data collection.” 

March

Financial Times: Opinion Technology sector: As digital trade grows, so does western distrust of Beijing: China is moving to the forefront of global innovation but governments fear privacy breaches

April

Nikkei Asia: Comment: Data suspicions threaten to tear China and west apart: Applications by Chinese companies see 200-fold increase since 1999

May

UNHCR: Government of Pakistan delivers first new biometric identity smartcards to Afghan refugees

July

ODI: Although shocking, the Rohingya biometrics scandal is not surprising and could have been prevented

“The data privacy and security of Rohingya refugees in Bangladesh has reportedly been jeopardised by the UN Refugee Agency. In an exposé published on 15 June by Human Rights Watch (HRW), UNHCR stands accused of improperly collecting the Rohingya’s biometric information and later sharing it with the Myanmar government without the Rohingya’s consent. Refugees said they had been told to register to receive aid, but the risks of sharing their biometrics had not been discussed, and the possibility this information would be shared with Myanmar was not mentioned.

The potential harm of sharing information with a regime that has a long history of manipulating registration systems to exclude and marginalise Rohingya populations is obvious. That biometrics are involved makes it worse. Unlike names or other personal information, biometrics are sticky – it’s not something you can change or escape.”

August

Reuters: ANALYSIS-Afghan panic over digital footprints spurs call for data collection rethink

Biometric Update: Concerns over Taliban accessing aid agency biometric data

“People in Afghanistan are fearful of the Taliban accessing personal information captured and stored by aid agencies including biometric data which could be used to identify individuals. Experts have raised concern that approaches used by security firms and United Nations development agencies could prove problematic for refugees and vulnerable groups, reports the Thomson Reuters Foundation, the charitable trust of Thomson Reuters.

The Intercept reported that equipment used by the U.S. army for biometric collection has already been seized by the Taliban. Biometric data on Afghans who assisted the U.S. were widely collected, making anybody identified vulnerable to persecution from the Taliban.

Sources told the Intercept that there was little planning for such an event, while the U.S. Army plans to continue to spend another $11 million on biometrics capture equipment including 95 more devices.

The UNHCR has been using biometrics in the region since 2002 when it tested iris recognition technology on Afghan refugees in the Pakistani city of Peshawar. Aid agencies praise biometric technology’s anti fraud and contactless capabilities.”

September

Bloomberg: Cybersecurity

UN Computer Networks Breached by Hackers Earlier This Year

“Hackers breached the United Nations’ computer networks earlier this year and made off with a trove of data that could be used to target agencies within the intergovernmental organization. 

The hackers’ method for gaining access to the UN network appears to be unsophisticated: They likely got in using the stolen username and password of a UN employee purchased off the dark web.”

“Organizations like the UN are a high-value target for cyber-espionage activity,” Resecurity Chief Executive Officer Gene Yoo said. “The actor conducted the intrusion with the goal of compromising large numbers of users within the UN network for further long-term intelligence gathering.”

CPO Magazine: United Nations Data Breach: Hackers Obtained Employee Login From Dark Web, Are Executing Ongoing Attacks on UN Agencies

“A spokesperson for the United Nations has confirmed that the organization was breached by hackers in early 2021, and that attacks tied to that breach on various branches of the UN are ongoing. The data breach appears to stem from an employee login that was sold on the dark web. The attackers used this entry point to move farther into the UN’s networks and conducted reconnaissance between April and August. Information gleaned from this activity appears to have been put to use in further attacks, with attempts made on at least 53 accounts.”

UN data breach creates long-term havoc for organization

“The UN has a unique need for cutting-edge cybersecurity given that it is one of the world’s prime targets for hackers, and that it fields regular attacks from advanced operators. Many of these go unrecorded, but the organization has weathered some high-profile attacks in recent years.”

2022

January

The Hub: China’s influence at the UN is growing—how, why, and what it means with Rosemary Foot

ABC News: Security scanners across Europe tied to China govt, military

At some of the world’s most sensitive spots, authorities have installed security screening devices made by a single Chinese company with deep ties to China’s military and the highest levels of the ruling Communist Party

The Diplomat:

China’s Espionage Plans for the 2022 Winter Olympics: What Athletes Should Expect

Yes, China is going to spy on the Olympic athletes. Its mandatory app is just the tip of the iceberg.

Why the US Must Take China’s Disinformation Operations Seriously

China has barely scratched the surface of its potential to carry out a “people’s war” on global public opinion.

“China’s propaganda machine also has over 1 million journalists and reporters tasked with the mission to “tell China’s story well.” Armed with AI and bots, China’s huge internet army could hobble global social media platforms with a large-scale flooding attack to win the CCP’s public opinion war.”

February

FBI Director Wray says scale of Chinese spying in the U.S. ‘blew me away’

The FBI opens a new China-related counterintelligence investigation every 12 hours on average, and it now has over 2,000 such cases.

“Unique Identity for All”: Biometric identity is being rolled out across the planet. HSB is one of the many players in this fast-growing data collection sector. Companies such as HSB collect data on behalf of international organisations.

Facial recognition AI software triangulates facial features to produce a recognition match.

This story is from 1992 and is a rare glimpse into Canada’s data sharing agreements with the US and other countries.

Data integrity and cross-border data sharing have been concerns for a very long time. False Data Makes Border Screening Corruptible

Further Reading:

There’s a War Going On But No One Can See It by Huib Modderkolk, Bloomsbury, 02 Sept. 2021

“Based on the cases he investigated over a period of six years, award-winning Dutch journalist Huib Modderkolk takes the reader on a tour of the corridors and back doors of the globalised digital world. He reconstructs British-American espionage operations and reveals how the power relationships between countries enable intelligence services to share and withhold data from each other.”  

The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power by Shoshana Zuboff, Profile Books, 2019

“Surveillance Capitalism: A new phase in economic history in which private companies and governments track your every move with the goal of predicting and controlling your behaviour. Under surveillance capitalism you are not the customer or even the product: you are the raw material.”

BBC News: MI6 boss warns of China ‘debt traps and data traps’

“In a wide-ranging interview ahead of his first major public speech since taking on the role as head of MI6, Mr Moore:

  • warned China has the capability to “harvest data from around the world” and uses money to “get people on the hook” …

“Speaking about the threat posed by China, Mr Moore described its use of “debt traps and data traps”.

He said Beijing is “trying to use influence through its economic policies to try and sometimes, I think, get people on the hook”.

Explaining the “data trap”, he said: “If you allow another country to gain access to really critical data about your society, over time that will erode your sovereignty, you no longer have control over that data.

“That’s something which, I think, in the UK we are very alive to and we’ve taken measures to defend against.”

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© David South Consulting 2021