PEFA Secretariat Terms of Reference For The Study on the Pattern and Implication of Off-budget items in Financial Accountability (especially with reference to Donor Funded Projects) 1. Background : Over view of Nepalese PFM System A sound public financial management (PFM) system is essential for the effective implementation of policies and achievement of development results. It will also support aggregate fiscal discipline, strategic allocation of resources and efficient service delivery. There is a wider consensus that effective institutions and systems of PFM play constructive role for implementation of national development policies and ultimately helping the overreaching goal of poverty reduction. Recent fiscal reforms include planning for enactment of the fiscal responsibility legislations and the introduction of the new budgetary practices that would map outlays to quantifiable deliverables, outcomes objectives and states the risk profile of Government programs. The ongoing governance and fiscal reforms emphasizes on the enhancement of transparency and accountability. The PEFA initiative has developed a robust tool for measuring PFM performances and providing sound assessment of the quality of PFM for countries of all income levels. Nepal has conducted PEFA assessment based on in 2005/06 data against PEFA indicators ( PEFA assessment Report 2008) and adopted an action plan that serve as the national policy for the overall improvement in PFM system, processes and institutions. Effective implementation of action plan contributes to improve PFM performances that eventually help achieve better service delivery and efficiency in public expenditure. The Government of Nepal (GoN), following the PEFA Assessment Report 2008 decided to establish PEFA Secretariat in 2009 to enhance the overall performance of Public Financial Management 1 (PFM) and accountability in Nepal by coordinating PFM reform activities. PEFA Secretariat is a government agency working under the Ministry of Finance. It works under the overall guidance of PEFA Steering Committee chaired by Finance Secretary. The PEFA Steering Committee is responsible for providing overall leadership, coordination and strategic direction of the PFM reform programme. PEFA Secretariat is coordinating the PFM reform activities of GoN and monitoring the the implementation of the PFM Strategy. The main roles of the PEFA Secretariat are to develop the Overall Framework of the Public Financial Management Reform Programme (PFMRP), development of a capacity building programme, develop measurable milestones for monitoring progress, assessing and reporting progress over time, organizing seminars and workshops on various thematic issues relating to PFM reform, coordinating review meetings of the progress made in various sectors and sharing major outcomes, liaisoning with development partners, disseminating the PFMRP activities within Government/Media/Civil Society based on Communication and Reporting Strategy; and knowledge sharing by awarding the best PFMRP performers, developing PEFA website and publishing PEFA/PFM newsletter and conducting small research on PFM innovation. Presently it is coordinating the repeat PEFA assessment (2014) in Nepal. The PEFA assessment report 2008 has clearly indicated on the lack of vibrant internal audit system which fails in practice to deliver its desired goals. The report has suggested for an improvement in internal audit system. The PFMRP, which is basically developed on the basis of PEFA assessment report 2008, has also had set strategies to improve the internal control system. There are two internal audit related activities as follows under the strategy: i) Develop concept for improving the internal audit system; 2 ii) Implement institutional strengthening program for internal audit system reform. After the implementation of TSA the questions over the independence of internal auditors is raised as the treasury role and internal audit is conducted by the institutions- the DTCOs. The Government of Nepal has received a grant from World Bank managed /administered Multi Donor Trust Fund (MDTF) towards Strengthening Public Financial Management (PFM) Project, and it intends to apply part of the proceeds of this grant to payments under the Contract for this assignment. 2. Current Situation and Problems. 1. Existing legal provision on the Pattern and Implication of Offbudget Items: A) Inclusion of Foreign Aid in Budget Statement: (1) In obtaining any kind of aid in cash or in-kind from any foreign organization, institution, agency or state or making agreement to obtain such assistance, each Office shall consult the National Planning Commission and obtain approval of the Ministry of Finance. (2) The Office shall reflect the assistance obtained, or to be obtained, pursuant to Financial Procedure Rule 2007 Sub-rule 27 (1) in the annual program and budget, and receive income and make expenditure of the same. (3) In reflecting the foreign assistance in the budget pursuant to Financial Procedure Rule 2007 Sub-rule 27 Sub-rule (2), the Ministry of Finance shall include it in the appropriation budget amount. (4) Following the conclusion of an agreement concerning foreign aid, the Ministry of Finance shall send a copy of the agreement each to office of the Auditor General and the Office of the Financial Comptroller General within thirty days. 3 -Financial Procedure Regulation 2064(2007), Rule No.27. 2. Current Pattern and Implication of Off-budget Items Foreign aid is channeled through the International Economic Cooperation Coordination Division of MOF. In principle, all foreign loan assistance is within the purview of the budget. Foreign grant assistance, to a large extent, does not fall under the purview of the budget and is mostly provided directly by donors to concerned line ministries or agencies. In case of loan assistance, donors provide information to MOF. In case of grant assistance, except for a very small proportion of aid that is channeled through the Government budget, however an aid management portal is established in Ministry of Finance, there is a very weak system to track how much of grant aid outside the budget, around 1.3 dollars operates outside the system flows. When financial information is required MOF has to obtain information from concerned line agencies. Monitoring of foreign aid flow (both within the budgetary framework and outside) is a major challenge to the system. Some of the key issues are (i) absence of data on expenditures made directly by donors (most donors focus on disbursements from their own account to the implementing agency), (ii) absence of standard formats for reporting for grant financed projects (except reimbursable grants), (iii) concerns about the accuracy and consistency of expenditure data (in case of budget information it is monitored), and (iv) delays in providing information to the Government on grant assistance that operates outside the budgetary framework (lag time of six months for direct payments). All major donors, primarily bilateral, do really provide forecasts for disbursement of project aid for coming fiscal year and at least three months prior to its start. With regard to reporting system, except for a few loan-financing donors, most do not provide quarterly reports within two months of the end-ofquarter on the disbursements made for at least 50% of the externally-financed project estimates in the budget. 4 3. Extract of 50th Annual Report of the Office of the Auditor General Of the total public spending of NRs. 260 billion during FY 2009/010, NRs.50 billion (about 19.23 %) was donor financed. Of the total spending during FY2009/010, about 80.79% of total public spending was Government financed. Similarly of the total spending of 295 billion and 339 billion during FY 2010/011 and 2011/012, NRs.58 billion (about 19.66 %) and NRs.52 billion (about 15.34 %) was donor financed. Out of the total spending during FY 2010/011 and 2011/012, (about 80.34 % and 84.66 %) of the total public spending was Government financed. The trend has been similar for several years, except in FY2003/04, when the percentage of donor-financed expenditure was about 25% and that was due to the first budget support provided by the World Bank. The Auditor General’s annual reports of 2004 and 2005 have reported that a large amount of grant financing remains outside the Government’s budgetary framework. They also reported the absence of reliable statistics to capture the volume of aid flowing outside the budgetary framework. The Interim Constitution requires all types of assistance to be obtained by the Government to be included in the budget and the Financial Procedure Act, 1999 has directed to bring all types of assistance inside the budgetary framework and central income and expenditure account. But the Auditor General’s reports specify that there is lack of transparency in foreign grant assistance which are not within the budgetary framework and are not audited. During the FY 2068/069 (2011/012) there is no inclusion of about NRs. 1.5 billion received from Asian Development Bank, IDA, and SDC, Norwegian Government etc in the financial statement of consolidated fund and central income and expenditure, which was submitted by the Office of the Financial Comptroller general Office. Similarly the statement 5 covering the amount of income and expenditure of additional statement of technical and other assistance which are submitted by the Finance Minister in the legislative assembly along with the Budget Speech is not incorporated into the financial statement of GoN. The provision of performing audit from the Office of the Auditor General is not fully complied /followed (sometimes there is misunderstanding with the donor partners) with the agreement signed with the Ministry of Finance. As a result, there is lack of a system for tracking all the aid in-flows. 3. Objectives of the Consulting Service : The main objective of the study is as follows: To find out the pattern and implication of off-budget items in financial accountability (especially with reference to donor funded projects). The other objectives of the study are as follows: To find out the pattern / structure of Off-budget items of foreign aid along with the extent /percentage of offbudget items in terms of volume/quantity; To find out the consistency and linkage between the operational development strategies of the development partners and national development priorities of the Government of Nepal in relation to off-budget; To recommend a strong system of networking linkage established between the development partners and International Economic Cooperation Coordination Division (IECCD) of Ministry of Finance (MoF) / line ministries as regards to off-budget items for coordinating, monitoring and evaluating effectively the public expenditure of GON; To suggest necessary measures to reduce the volume of off-budget items of public expenditure in quantity and in number/sector; 6 To suggest for appropriate institutional arrangements, organizational and operational modalities and legal framework to reduce off-budget items of public finance. 4. Scope of Services The scope of study / research is to identify the volume of off-budget items of public expenditure for a transparent PFM system in Nepal. The research work covers to identify quantity and number and /sector so that there will be greater consistency and strong linkage between the operational development strategies of the development partners and national development priorities of the Government of Nepal. 5. Suggested Methodology: 1. Review of literature 2. Questionnaire-Develop questionnaire to find out the pattern and implication of off-budget items in financial accountability and carry out survey based on the set questionnaire of at least 5 government ministries consisting 2 project/programmes each based on the set questionnaire. 3. Analysis of survey data/outcomes to draw conclusion and recommendation for improvement. 6. Specific Duties and Responsibilities to be performed by the consultant (consulting firms/ individuals) : The researcher shall be responsible to perform the following tasks and responsibilities under the technical direction and supervision of PEFA Secretariat by considering the given objectives of the study: 7 Conduct Study / Research to identify the pattern and implication of off-budget items in financial accountability based on the following format : 1. Background of the Study; 2. Statement of the Problem; 3. Significance of the Study; 4. Objectives of the Study; 5. Limitation of the Study; 6. Methodology; 7. Analysis and Findings; 8. Summary, Conclusions and Recommendation; 9. References; 10. Appendix; 11. Acronyms. 12. Glossary Prepare a study report by identifying the pattern and implication of off-budget items in financial accountability. Find out the volume and quantity of off budget operations of donors funded programmes. Find out the off-budget operations of GoN (the central government). To suggest necessary measures to reduce and regulate the volume of off-budget in quantity and in number/sector for greater consistency and strong linkage between the operational development strategies of the development partners and national development priorities of the Government of Nepal. Submit a study report to PEFA Secretariat on the pattern and implication of off-budget items in financial accountability. The consultant will work under direct supervision of PEFA Coordinator. Furthermore, s/He should work together with the 8 Member Secretary and other staffs of PEFA Secretariat. The workstation will be located at the PEFA Secretariat Kathmandu, Nepal. 7. Availability of other support(Related Information : The consultant shall be made available the following supports for the accomplishing the obligations under the assignment: IEC materials published by PEFA Secretariat and its Resource Center. Other reports/documents produce by the PEFA Secretariat. Publications of FCGO. 8. Output: The key output of the consulting service will be as follows: Research & Study Report on the pattern and implication of off-budget items in financial accountability. 9. Consultant's Qualifications and Experience: The consultant should have the following qualification and experience to carry out the assignment: 9.1 Academic Qualification: At least Master's Degree in Management/ Economics/Finance/Public Financial Management or Development Management related Discipline. Advance study in Management/ Economics/Finance/Public Financial Management or Development Management related Discipline will be an extra advantage. 9 9.2 Experience General Experience: Should have a minimum 1 (one) year or more experience in the field of Public Financial Management with good knowledge in the following areas (at least one): Planning, Budgeting, accounting and foreign aid management. Specific Experience: Study/Research in PFM area will be an extra advantage. 9.3 Special Requirement: Excellent IT knowledge; and communication skills both in English and Nepali; proven skills in project proposals/concept notes/reports writing, and monitoring & supervision of programs/projects. 10. Duration of Services: The service period of the consultant shall start from ….., 2014 and end after 3 months. Subject to satisfactory performance and mutual acceptance, the services of the consultant may be further extended. 11. Reporting Requirements and Deliverables: The Researcher / consultant should report, during or at the completion of the assignment, the following reports and deliver the outputs as mentioned below: 11.1 Reporting Requirements: The Consultant shall prepare and submit the following reports/documents in hard copies (two) and soft copies within the given time schedule: Inception Report: The consultant should submit the Inception Report within one month after the date of the signing of the contract agreement. 10 Draft Final Report: The consultant should also submit draft final report within forty five days after the date of the signing of the contract agreement. Final Report: The consultant should also submit final report within two months after the date of the signing of the contract agreement. 11