Decision

Advice Letter: Moazzam Malik, Managing Director for Global Delivery,World Resources Institute

Updated 8 June 2023

1. BUSINESS APPOINTMENT APPLICATION: Moazzam Malik, former Director General, Africa at the Foreign, Commonwealth & Development Office. Paid appointment with the World Resources Institute.

Mr Malik sought advice from the Advisory Committee on Business Appointments (the Committee) under the government’s Business Appointments Rules for former Crown servants (the Rules) on an appointment he wishes to take up with the World Resources Institute (WRI) as Managing Director Global Delivery. The material information taken into consideration by the Committee is set out in the annex.

The purpose of the Rules is to protect the integrity of the government. Under the Rules, the Committee’s remit is to consider the risks associated with the actions and decisions made during Mr Malik’s time in office, alongside the information and influence a former Crown servant may offer WRI.

The Committee has advised that a number of conditions be imposed to mitigate the potential risks to the government associated with this appointment under the Rules; this does not imply the Committee has taken a view on the appropriateness of this appointment for a former Crown servant in any other respect.

The Rules^{[footnote 1]} set out that Crown servants must abide by the Committee’s advice. It is an applicant’s personal responsibility to manage the propriety of any appointment. Former Crown servants are expected to uphold the highest standards of propriety and act in accordance with the 7 Principles of Public Life.

2. The Committee’s consideration of the risk presented

The Foreign, Commonwealth & Development Office (FCDO) has a contractual relationship with WRI, though Mr Malik has never been responsible or directly involved in any contracts as the department confirmed responsibility sat elsewhere. Mr Malik met with WRI at its request following COP26. Though he did not have policy responsibility for climate change, he accepted the meeting given that an African country would host the next COP, which was relevant to his role. Other officials were present and no decisions or funding were discussed, the meeting focused on climate priorities. The Committee^{[footnote 2]} considered the risk this role was offered as a reward for decisions made or actions taken in office is low.

This appointment has a general overlap with Mr Malik’s time in office in respect of his broad involvement in development and foreign affairs. There are a number of mitigating factors that help to reduce the inherent risks associated with his access to information and insight that may be seen to offer WRI an unfair advantage:

• This role is limited to work in Asia, and Mr Malik’s most recent role was focused on Africa. It has been 3 years since he left his Asia-focused role as British Ambassador to Indonesia and Timor Leste.

• This risk is broad and generic in nature, as FCDO is not aware of any specific information that would be of use to WRI and the focus of his work.

• He will be taking up this role 3 months after leaving government, reducing his access to any privileged information.

• He is prevented from drawing on privileged information from his time in office and has an ongoing duty of confidentiality.

The Committee recognised that Mr Malik may have some limited contact with government in this role. FCDO did not consider this would be improper, noting these discussions would likely be with embassy specialists and officers (rather than UK government departments) who have an existing relationship with WRI. The Committee wished to make it clear that having contact with embassy officials to continue a preexisting relationship would be in keeping with the conditions below. However, as a former senior government official it would be improper for Mr Malik to seek to influence government and/or embassy officials as this risks making improper use of his time in office to the benefit of his new employer.

There is also a risk should WRI be seen to make improper use of his privileged network of contacts in forgein governments to gain business.

3. The Committee’s advice

The risks in this case relate to any privileged access to information and contacts in international development and foregin affairs. The Committee determined the risks identified in this application can be appropriately mitigated by the conditions below. These make it clear Mr Malik cannot make use of information or influence gained from his time in Crown service to the unfair advantage of WRI or its clients.

The Committee advises, under the government’s Business Appointment Rules, that Mr Malik’s appointment with the World Resources Institute be subject to the following conditions:

• he should not draw on (disclose or use for the benefit of himself or the persons or organisations to which this advice refers) any privileged information available to him from his time in Crown service;

• for two years from his last day in Crown service, he should not become personally involved in lobbying the UK government or any of its arm’s length bodies on behalf of the World Resources Institute (including parent companies, subsidiaries, partners and clients); nor should he make use, directly or indirectly, of his contacts in government and/or Crown service to influence policy, secure business/funding or otherwise unfairly advantage the World Resources Institute (including parent companies, subsidiaries, partners and clients);

• for two years from his last day in Crown service, he should not provide advice to the World Resources Institute (including parent companies, subsidiaries, partners and clients) on the terms of, or with regard to the subject matter of, a bid or contract with, or relating directly to the work of the UK government or any of its arm’s length bodies; and

• for two years from his last day in Crown service, he should not become personally involved in lobbying contacts he has developed during his time in office in external organisations (including other governments) for the purpose of securing business for the World Resources Institute (including parent companies, subsidiaries and partners).

The advice and the conditions under the government’s Business Appointment Rules relate to Mr Malik’s previous roles in government only; they are separate to rules administered by other bodies such as the Office of the Registrar of Consultant Lobbyists or the Parliamentary Commissioner for Standards. It is an applicant’s personal responsibility to understand any other rules and regulations they may be subject to in parallel with this Committee’s advice.

By ‘privileged information’ we mean official information to which a Minister or Crown servant has had access as a consequence of his or her office or employment and which has not been made publicly available. Applicants are also reminded that they may be subject to other duties of confidentiality, whether under the Official Secrets Act, the Civil Service Code or otherwise.

The Business Appointment Rules explain that the restriction on lobbying means that the former Crown servant/Minister ‘should not engage in communication with Government (Ministers, civil servants, including special advisers, and other relevant officials/public office holders) – wherever it takes place - with a view to influencing a Government decision, policy or contract award/grant in relation to their own interests or the interests of the organisation by which they are employed, or to whom they are contracted or with which they hold office’.

You must inform us as soon as Mr Malik takes up employment with this organisation, or if it is announced that he will do so, by emailing the office at the above address. We shall otherwise not be able to deal with any enquiries, since we do not release information about appointments that have not been taken up or announced. This could lead to a false assumption being made about whether Mr Malik has complied with the Rules.

Please also inform us if he proposes to extend or otherwise change the nature of his role as, depending on the circumstances, it may be necessary for him to make a fresh application.

Once the appointment has been publicly announced or taken up, we will publish this letter on the Committee’s website, and where appropriate, refer to it in the relevant annual report.

4. Annex - Material information

4.1 The role

Mr Malik said he has been offered a paid, full-time appointment with WRI as Managing Director Global Delivery. He applied for an advertised post.

Mr Malik said that in this role, he would champion WRI’s engagements in Asia and explore partnership opportunities in the Middle East. He said he would ensure WRI’s ‘…country strategies globally are aligned with resources to deliver quality research, technical assistance and on-the-ground collective action for just transitions’. Mr Malik also said he would oversee WRI’s core services (communications, operations, finance, human resources) to ensure effective and efficient operations of the organisation’s global network.

Mr Malik said he is likely to have some limited policy contact with government given the UK’s active policy stance on climate change issues. He said he has agreed the following elements with WRI to ensure there is no question of impropriety or conflict of interest:

• He will not start with WRI until 1 October 2022 in order to ensure time has elapsed following his departure from FCDO.

• He will not oversee WRI’s work in the UK (or Europe) – any institutional conversations with government will be led by others with no input from him.

• He is likely to have some contact with UK embassies overseas (e.g. in China, India, Turkey and Indonesia) focused on shared policy issues relating to climate and environmental issues – if there is any question of a contractual nature, he will recuse himself.

4.2 Dealings in office

As Director General at FCDO, Mr Malik said he met with WRI once in November 2021. He said FCDO policy colleagues were present and the meeting lasted 30 minutes. Some years ago, as British Ambassador to Indonesia and Timor Leste, Mr Malik said he also met WRI staff ‘…perhaps 6 times as part of wider groups (including Indonesian government officials) when discussing climate change issues’.

Mr Malik said WRI had a contract with the British Embassy in Jakarta in 2016/17 (part share in a £1.5m programme over two years). He said the Embassy collaborated with WRI in Indonesia to provide policy advice on low carbon development. Mr Malik said the Deputy Head of the DFID office was the official who was immediately responsible for this contract. He stated he had no involvement in any aspect of the contracting process as all details were handled up the DFID management chain, and he was employed by FCO.

4.3 Department Assessment

FCDO confirmed the details Mr Malik provided.

FCDO said it engages with WRI as a ‘…recognised authority and provider of services in climate change’. It confirmed the organisation has had commercial contracts outside Mr Malik’s area of responsibility, with its climate and science and innovation area in 2021-22 (total value less than £50k).

FCDO confirmed Mr Malik had a meeting with WRI after COP26, at the organisation’s request. The department said WRI ‘…sought to brief Moazzam on their climate related work in Africa’. FCDO confirmed Mr Malik did not have policy responsibility for climate change and said ‘He saw an opportunity to read in to the issue given that an African country would host the next COP so relevant to his role’. The department said FCDO Africa Directorate officers working on climate issues were present, and it confirmed no funding issues were discussed. FCDO said the outcome of the meeting was ‘…a better understanding of respective climate related priorities in Africa’. The department said this meeting ‘…seems entirely appropriate within the scope of his role at the time and for this reason and [Mr Malik’s] proposed responsibilities at WRI (geographic lead for Asia and not Africa), [it does] not see a conflict arising’.

FCDO confirmed WRI had a contract with the British Embassy in Jakarta whilst Mr Malik was British Ambassador there, in 2016/17. As this contract was tendered and managed by DFID, and Mr Malik was employed by FCO, the department confirmed he was not directly involved in the award or management of this contract. Further, FCDO said it is ‘…satisfied that his role and the contract were both some years ago’.

FCDO said Mr Malik made no regulatory or policy decisions relevant to WRI - with its activity focused on climate change, outside Mr Malik’s leadership within FCDO.

Noting Mr Malik’s potential contact with government in this role, FCDO said the purpose of this contact ‘…would be to compare assessments on climate action in third countries (eg China) and to discuss ways in which progress can be accelerated (eg to make the transition to clean energy)’. FCDO said these discussions would likely be with embassies rather than UK government departments, with a range of specialists and officers present in official meetings. The department said these relationships already exist and discussions already take place between UK officials and WRI. FCDO said Mr Malik has not worked on Asia policy since summer 2019 and has not worked on or built up a specific network on climate issues over the last 10 years. As such, the department said it does not see his involvement as likely to ‘…materially shift the existing relationship between WRI and [government]’.

FCDO noted Mr Malik ‘…is not seeking to cover the geography where he has recently had a senior leadership role (Africa) and where he has an extensive network of current contacts’. The department said he has had no commercial relationship with WRI and his most recent role has not been focused on climate change (WRI’s area of interest).

FCDO said it has no concerns about this appointment and recommended the standard conditions.

1. Which apply by virtue of the Civil Service Management Code, The Code of Conduct for Special Advisers, The Queen’s Regulations and the Diplomatic Service Code. ↩

2. This application for advice was considered by Jonathan Baume; Andrew Cumpsty; Isabel Doverty; Sarah de Gay; Dr Susan Liautaud; The Rt Hon Lord Pickles; and Mike Weir. Richard Thomas and Lord Larry Whitty were unavailable. ↩