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Baseline Study of Good Regulatory Practices (GRPs) in APEC Member Economies
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Supporting the TBT Agreement with Good Regulatory Practices
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USTR (US Office of the Trade Representative) wished to emphasize good regulatory practice when the U.S. chaired the 2011 APEC meetings. It contracted with Jacobs, Cordova & Associates to prepare the documents for APEC discussions. Based on the 2005 APEC-OECD Integrated Checklist on Regulatory Reform, which lays out a voluntary GRP framework for self-assessment on regulatory quality, competition policy, and market openness, Jacobs, Cordova & Associates reviewed the application of selected GRPs across the 21 APEC member economies, producing a review for each country and a summary report. The Checklist and our report focused on several procedures that promote regulatory quality standards particularly important to trade and investment such as accountability, consultation, efficiency, and transparency. Our study will be updated in three years to provide a baseline of progress over time. The bound Baseline Study was given to APEC Ministers, who then produced an unprecedented statement on GRP and regulatory cooperation. President Obama hosted a luncheon discussion among Leaders on "Regulatory Reform and Economic Growth" based in part on our study.
In a second document, to be published in 2012, we explored more systematically the linkages between the TBT Agreement and GRPs, and laid out these linkages in a more operational approach than the previous APEC documents. Our document linked more substantively the TBT obligations with actual good regulatory practices that might be considered by APEC members. Our work fully integrated the GRPs used by the regulatory reform community and those recommended by the trade community.
USAID, 2011-2012
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| OECD Regulatory Oversight Bodies |
Jacobs, Cordova & Associates prepared an analytical paper on how OECD countries have approached the challenges of ensuring the quality of regulation through institutional and organizational settings. The overall aim was to identify different approaches across OECD countries and examine critical success factors including the different role and functions of Regulatory Oversight Bodies (ROBs); their budgetary allocations; staffing; communication strategies; and the interplay with the political administration. In particular, the study provides comparative analysis of the role of RQBs and how they operate within the executive branch of government and other State institutions, including with other levels of government. It also identified the trends, common issues, and typical problems and challenges encountered by Member countries. It also aimed to assess success factors and design features that should be considered when establishing or revising approaches to oversight, to ensure the sustainability of regulatory quality.
OECD, 2010.
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| Bulgaria - Better Public Management: Institutionalization of the Process of Impact Assessment in Public Administration |
The Council of Ministers of Bulgaria engaged Jacobs, Cordova & Associates, partnering with IME in Sofia, to assist the Government in mainstreaming impact analysis (IA) into domestic policy processes at national and local levels. JC&A carried out diagnostic work to determine the level of skills and capacities in the Bulgarian administration to carry out impact assessment and, on that basis, designed an impact assessment process for implementation throughout the national ministries, and eventually in municipal governments. JC&A also designed and interactive Web portal and an IA manual. The impact assessment program is based on good European practice and recommendations of the European Commission under the Lisbon agenda. JC&A and IME also designed a stakeholder consultation process with a consultation manual, as well as a consultation portal for the use of the government. Finally, a national program of training was carried out, and JC&A and IME trained almost 400 civil servants and stakeholders around Bulgaria over 18 training courses.
Bulgaria, Government of Bulgaria (co-financed by the European Social Fund of the European Union), 2009.
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| Ontario Regulatory Reform |
For the province of Ontario, we assessed the main components of the Open for Business program, and provided snapshots of 15 “good practice” reforms from other OECD countries that might be useful in designing and implementing an effective business-oriented program of regulatory reform.
Canada, Minister of Economic Development Ontario, Canada, 2009.
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| Measuring and Reporting the Impacts of “Better Regulation” Reforms: Recommendations for Canada |
Treasury Board wished to develop broad-based indicators that measure the Government’s success in implementing its regulatory reform agenda. Much has been invested in Canada’s regulatory reform. We suggested several steps to develop options for developing indicators over time. Our paper clarified aspects of the Canadian reforms that are relevant to the selection of indicators, reviewed international experience with indicators, and recommended an expanding program of regulatory performance indicators based on criteria of relevance and practicality.
Canada, Policy Research Initiative, 2009.
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| Albania - Supporting Regulatory Reform Program |
The objectives of this high-level project were to assist the Prime Minister of Albania to assess the results of Albania’s business environment reforms and map out the policy options for the next government. As a first step, we analyzed and took stock of the work done on licensing and inspections in Albania over the past 5 years (including but not limited to understanding the reasons behind the poor ranking of Albania’s World Bank Doing Business indicators). Based on this diagnostic, we advised the Prime Minister on the best way to define the next steps in the reform process in line with the proposed work done by the donors on these reforms, and to monitor progress on this reform. One of the key recommendations was the design of a methodological approach – based on impact assessment techniques – to discuss, evaluate, and decide on a inspection reform policy for the country.
Albania, Ministry of Economy, Trade and Energy (METE), 2008.
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| Measuring Impacts: Monitoring and Evaluation of the Government of Kenya's Business Licensing Reform |
Jacobs, Cordova & Associates conducted monitoring and evaluation of the Government of Kenya’s Business Licensing Reform Program. As part of the project, a variation of the Standard Cost Model was used to measure the administrative burden reductions on key licenses because of the Business Licensing Reform. Based on the evaluation, we gave recommendations to the Government of Kenya, on how to improve results the reform work.
Kenya, The World Bank/FIAS, 2008.
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| European Network on Better Regulation |
European Network for Better Regulation is a pan-European network of 21 partner institutions, which aims at improving and disseminating the current knowledge on regulatory processes as well as the degree and mode of implementation of impact assessment procedures in EU member states. The ENBR was awarded funding by the European Commission under the Sixth Framework Programme (FP6) for the period 2006-2008 Jacobs, Cordova & Associates worked with a consortium of European regulatory experts, under a European Commission project, to develop a Europe-wide database on RIA practices, as part of the 6th Framework Programme, Citizens & Governance in a Knowledge-based Society. Scott Jacobs served on the ENBR Steering Committee and assisted in the development of the indicators to be contained in the Database on Impact Assessment Development in European Member states (DIADEM). See the ENBR website at http://www.enbr.org/diadem.php
EU-Wide, European Commission, 2005-2008.
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| Vietnam - Scoring the Quality of Regulatory Text: A Text-based Rapid Diagnostic for Regulatory Quality |
Jacobs, Cordova & Associates worked with the Central Institute for Economic Management (CIEM) in the Ministry of Planning and Investment (MPI) to create an evaluation tool that can be used to identify regulatory text that is of low quality and that creates unnecessary costs and risks for economic actors. This tool, in the form of a Checklist, consists of simple quality tests that can be used to score a legal normative document article by article. Using an Excel tool, articles that are unacceptably low in quality can be identified, the nature of the problem can be diagnosed, and corrective action can be taken. It can be used by drafters, reviewers, and stakeholders.
Vietnam, UNDP, 2008.
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| UK - Training Course on Legal and Regulatory Reform to Enhance Private Sector Development |
This intensive course was part of the UK DFID Private Sector Development Retreat 2008. Its objective was to present and discuss different approaches and tools for regulatory reform to PSD Advisors in DFID. In addition to regulatory management topics, the course dealt with competition issues, corporate governance, dispute resolution, and judicial reform initiatives.
UK, DIFD, 2008.
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| Study/Dialogue Project on Labour Laws, the Business ENVIRONMENT, and the Growth of MSEs in South Asia. |
Jacobs, Cordova & Associates assisted the ILO to assess through a large-scale business survey the regulatory burdens on entrepreneurship of labor laws and regulations in Bangladesh, India, Nepal and Sri Lanka.
South Asia, ILO, 2007.
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| Global Review of Business Registry Reforms |
Jacobs, Cordova & Associates prepared a series of case studies from around the world on the management of stakeholders in the reform of business registries. Using case studies from 10 countries, this report examines how diverse interests (classified into groups called “stakeholders”) participated in reforms aimed at reducing the costs, delays, and corruption associated with the business registration functions of government. The analysis identifies how reformers can purposefully “manage” stakeholders to expand and sustain the capacity for change within the political economy. The report was published by the World Bank in 2009. Download the report here: http://www.ifc.org/ifcext/fias.nsf/AttachmentsByTitle/PublicationORP_StakeholderManagement/$FILE/StakeholderManagement_.pdf
Worldwide, World Bank/FIAS, 2007.
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| Good Practices for Business Inspections: Guidelines for Reformers |
Good Practices for Business Inspections: Guidelines for Reformers, prepared by Scott Jacobs and Cesar Cordova, was published by the World Bank Group in its influential series of toolkits for better business environments. In this State of the art report Jacobs, Cordova & Associates examined key practices of effective inspections for the protection of human health and safety and the environment. The report presents a checklist of good practices for such inspections. Finally, it analyses the best practices for inspection training, accountability, and administrative procedures using the experience of Mexico and the U.S. Download Report Here: http://www.ifc.org/ifcext/sme.nsf/Content/BEE+Toolkits
Multi-Country, World Bank/IFC, 2006.
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| Regulatory Impact Analysis in Regulatory Processes, Methods, and Cooperation: Lessons for Canada from International Trends. |
Jacobs, Cordova & Associates prepared for the Canadian government an evaluation of current trends in the process and methods of RIA by Canada’s peers and competitors in global markets. Our report assessed the most recent trends in the most advanced RIA countries, and identified lessons to enable Canada to stay at the forefront of good regulation practices. Our report, Regulatory Impact Analysis in Regulatory Process, Method, and Co-operation Lessons for Canada from International Trends, was published in 2007. The report can be downloaded at http://www.bibliotheque.assnat.qc.ca/01/mono/2007/04/933268.pdf
Canada, Privy Council Office, Government of Canada, 2006.
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| PSD Strategy Guide for Asia |
Jacobs, Cordova & Associates assisted the Asian Development Bank in writing a PSD Strategy Guide that helps Asian governments diagnose market problems, involve stakeholders, coordinate among government bodies, and increase accountability. This guide draws from a wide range of reform experiences in different Asian countries, and from good international practices as identified by ADB, other multilateral development banks, the OECD, and the WTO. The workshop introducing the guide can be found: http://www.adb.org/Documents/Events/2005/Achieving-Results-PSD/default.asp
Asia, ADB, 2006.
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| Alternatives to Public Sector Inspections: Public-Private Partnerships And CSR |
The aim of this report prepared for FIAS was to explore how governments in developing countries can draw on examples of public-private inspection partnerships to develop effective and credible alternative inspection approaches for ensuring compliance with voluntary and mandatory standards, using experience gained from public-private sector corporate social responsibility (CSR) experiences, and from innovative public-private inspection innovations outside the CSR context. Download Report here: http://www.ifc.org/ifcext/economics.nsf/AttachmentsByTitle/CSR-Alternatives+to+Public+Sector+Insepctions+June+30/$FILE/Alternatives+to+Public+Sector+Insepctions+June+30.pdf
Multi-Country, World Bank/IFC, 2005.
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| Market Access for Zambian Horticulture Exports |
Jacobs, Cordova & Associates wrote the 2004 report Market Access for Zambian Horticulture Exports: Developing an Institutional and Regulatory Framework for Testing and Certification Services, Background Study, prepared for the World Bank’s Zambia Diagnostic Trade Integration Study. Looking at successful examples from other African countries, we recommended that Zambia clarify the roles of the public and private sectors in testing and certification by properly regulating a private market for testing and related services such as certification, quality control, and training. Published as part of the Zambia Trade Integration Study. Download Report here: http://www.integratedframework.org/files/Zambia_DTIS_10-10-05.pdf
Zambia, World Bank, 2005.
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| Paraguay Improving the Regulatory Institutional Capacity |
Jacobs, Cordova & Associates assessed the existing regulatory institutions, procedures and tools in charge of the quality of the stock and flow of new regulations, and proposed an institutional framework to increase the quality, transparency, accountability, and efficiency of laws and regulations.
Paraguay, IDB, 2005.
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| Evaluation of RIA Trends |
Jacobs, Cordova & Associates continually monitors the use of Regulatory Impact Analysis (RIA) around the world. In our 2006 report, Current Trends in Regulatory Impact Analysis: The Challenges of Mainstreaming RIA into Policy-making, Jacobs, Cordova & Associates examines global trends in RIA. We find that RIA is being mainstreamed into policy processes, but that new issues and tensions are emerging as result. Our conclusion is that, to reach a sustainable level of RIA quality, governments need a clear strategy aimed at the institutionalization of capacities and incentives within the machinery of government. Such a strategy rests on a series of good RIA practices: clearer targeting strategies, development of multi-level consultation strategies, more attention to data collection and data quality issues, more investment in training, effective quality control through central RIA units and ministerial accountability, better use of scarce scientific resources, and better technical RIA manuals. Available at: http://www.regulatoryreform.com/pdfs/Current%20Trends%20and%20Processes%20in% 20RIA%20-%20May%202006%20Jacobs%20and% 20Associates.pdf
World Wide, 2006,
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| The Role of Regulatory Reform in Export Diversification in Ghana Exports |
Jacobs, Cordova & Associates carried out a country diagnostic and prepared a report, The Role Of Regulatory Reform In Export Diversification In Ghana. We concluded that “… to succeed against increasing competition in all of Ghana’s export markets, Ghana must embark on deeper and faster reform to reduce factor costs, relieve emerging bottlenecks that impede exports, and provide a supportive business environment for entrepreneurs as they develop new products and new markets.” The report contained a series of detailed recommendations for reform of regulatory regimes in various sectors.
Ghana, World Bank, 2004.
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| Regulatory Management and Administrative Simplification in Belgium and Flanders |
Jacobs, Cordova & Associates carried out an extensive diagnostic and assessment titled Regulatory management and administrative simplification in Belgium and Flanders. We detailed a set of recommendations for improving regulatory management through better use of tools such as RIA.
Belgium and Flanders, Governments of Belgium and Flanders, 2004.
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| Asia - APEC Regulators Network Evaluation |
Jacobs, Cordova & Associates assessed the capacities and training needs of Asia’s utility regulators for APEC. Our report, Regulatory Governance in Asia: Training Needs Assessment of Potential Members of the East Asian Utility Regulators Network, concluded that “While a few Asian countries have succeeded in creating credible independent regulators that are able to challenge powerful vested interests, the performance to date of independent utility regulators in Asia is not very promising. The main reason for this is that the external environment of structural, policy, and governance reforms remains extremely difficult.” We published a shorter version in the April 2004 ADB Governance Brief as Governance of Asian utilities: New regulators struggle in difficult environments. Download report here http://www.adb.org/Documents/Periodicals/GB/GovernanceBrief10.pdf
Asia, APEC, 2004.
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| Regulatory Reform, Market Performance and Poverty Reduction in Mauritania |
Jacobs, Cordova & Associates prepared a major diagnostic, Regulatory Reform, Market Performance and Poverty Reduction in Mauritania with a full set of recommendations for action. Jacobs, Cordova & Associates analyzed regulatory reform, market performance, and poverty reduction in Mauritania, reported the results to the Mauritanian government in October 2002 and participated in a two-day government seminar in Nouakchott in June 2003. The reports, “REGULATORY REFORM, MARKET PERFORMANCE, AND POVERTY REDUCTION IN SENEGAL AND MAURITANIA” concluded that “The legacy of interventionist and inefficient rules and practices inherited from previous economic policies is still prevalent, and many policies of the state continue to be captured by private interests. The domestic policy environment is hostile to private enterprise start-ups, investment, and innovation. Scope for market activity remains constrained due to slow privatization. Serious competition abuses are tolerated. State intervention through actions such as subsidies for failing enterprises, interference in rate-setting in liberalizing industries, and hesitation in opening up even services such as telecommunications are reducing investment and damaging market performance. Regulation of vital network industries, including electricity, telecommunications, water, and transport, suffers from inconsistent application; gaps in institutions, policies, and rules; and confusion in the role of the state as regulator and manager. Regulatory uncertainty has reduced the value of state assets, such as in mobile telephony, where the government is dissatisfied with the prices offered for licenses.” Download copy of the report here: http://web.worldbank.org/external/default/main?pagePK=51187349&piPK=51189435&theSitePK=362340&menuPK=64187510&searchMenuPK=362381&theSitePK=362340&entityID=000094946_0308270400380&searchMenuPK=362381&theSitePK=362340
Mauritania and Senegal, The World Bank, 2003.
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| External Advisory Committee on Smart Regulation |
Scott Jacobs was invited by the Prime Minister of Canada to serve on Canada’s External Advisory Committee on Smart Regulation. The Committee was established in May 2003 to provide the government with an external perspective and expert advice on the best way to improve the government’s regulatory system to better meet the needs of Canadians in the 21st century. The Committee’s report Is titled, Smart Regulation: A Regulatory Strategy for Canada. Government of Canada, 2003. See the Committee’s report, Smart Regulation, here: http://regulatoryreform.com/ pdfs/Canada%20Smart%20Regulation%20Report% 20Sept%202004.pdf |
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| Review of Russian Regulatory Reform Law |
Jacobs, Cordova & Associates assisted FIAS with (a) a review of the Russian draft legislation on reform of technical regulations, and (b) a presentation in Moscow to the working group meeting on “best practice and lessons learned” in reform of technical regulations in OECD countries.
Russia, The World Bank/FIAS, 2002.
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