ECOWAS Tenders Code Part V: Provisions Related to Ethics and Sanctions Article 86: Ethics Infringements and Sanctions of ECOWAS Staff and Officials 1. Each ECOWAS staff or official shall declare any interest that he/she may have in any supplier, contractor or service provider, and shall take no part in, nor seek to influence in any way, procurement proceedings in which that supplier, contractor or service provider is involved or liable to become involved in. 2. Each ECOWAS staff or official having participated directly or indirectly in procurement proceedings or in the contract execution in violation of the provisions of this Code shall incur the sanctions provided for in the ECOWAS Staff Regulations and Financial Regulations and shall in any event be prohibited from participating in any further procurement proceedings. Article 87: Infringements by Candidates, Bidders and Awardees 1. Where a procuring entity is, after appropriate investigations, satisfied that a person or firm has provided false allegation or falsification of the content of the certificates or documents contained in its bid or proposal, or has engaged in corrupt or fraudulent practices in competing for or executing a contract, it shall: a) reject the proposal for qualification or award of such a contract; and b) submit the content of its investigations to the Sanctions Committee established under Article 13 of this Code. 2. Where the Sanctions Committee is convinced that the alleged practices were committed, it may: a) declare any person or firm ineligible for a maximum period of ten years to be awarded a Community contract; b) decide to pronounce the termination of the awarded contract; cancel any registration or certificate of qualification or classification that were granted to the said person; c) impose a fine on the said person to a level defined in the procurement manual d) in case the investigations conducted revealed any criminal offence committed in the course of the procurement proceedings, refer the matter to the appropriate competent authorities. 3. The Sanctions Committee shall make its decision within Fifteen (15) working days starting from the date of the relevant application, stating the reasons for its decision, which shall be immediately binding and published without prejudice to any recourse before competent authorities or courts. 4. The Community shall keep and update continuously the record of the persons barred from participating in public contracting. Final Page 41