Post on 16-Jul-2015
The Situation
You are a procurement officer of a public agency.
Your main task is to assist your Director in calling contractors for bidding and tender for
government project.
A friend whom you had known for a long time called you up one day and among the conversation,
invited you and your spouse to join him at a posh hotel for a week holiday at a destination that you
have been longing for but could not afford it.
Would you take the invitation? Why?
BRIBERY OR GENEROUSITY?
Sean (Procurement Officer) strolling at the garden with his
beautiful wife, Hawa.
Mesranyaa baru kahwinnnn (romantik)They are just got married . Sean wanted to bring her wife
for a honeymoon, but he cannot afford the posh hotel where Hawa really wanted to go.
Mesranya!!
Suddenly, they are approach by a guy
Wow Honey,
let’s accept the offer! ^_______^
Akmal is offering Sean & his wife for a week holiday at posh hotel in Bora Bora
Island.
Membuat pertimbangan samada pergi atau tidak
Now, they are in dilemma whether to accept the offer or
not…
Si isteri cuba untuk memujuk suamiThe wife is trying to persuade her beloved husband to accept the offer.
Persuasion / Influence Session
The husband is very determined to not to accept
the offer.
Husband is trying to practice full integrity, and
saying no to the wife.
The wife later agree to comply.
Is the offer related to the bidding and tender
process? And is the offer come from one of the
contractor involved in the bidding process?
It is just an offer as a gift from a friend who the
person had known for a long time and not related
at all with the bidding and tender process?
If it is related to the bidding
process, so the offer will be
rejected.
Analyze the situation before
accepting the offer
What is the definition of a GIFT?
GIFT? Cash Money Free Fares Shares
Lottery Tickets
Travelling Facilities
Entertainment Expenses
Services
Club Membership
any form of commission
Hampers Jewellery
Decorative Items
Any item of high value
Section 3 of Malaysia Anti-Corruption Commission (MACC) Act 2009.
Considerations
RISK OF BEING CHARGED
UNDER BRIBERY ACT
If the intention had been to win the bid and receive the tender, Section 122 of the
Criminal Code (active bribery) would have been violated.
As a procurement officer of a public agency,there are several risk that were faced
Officer providing confidential information to a tenderer resulting in
an unfair advantage.
A procurement officer not declaring an existing
relationship or secondary employment with a tenderer for that
contract.
Two tenderers colluding with one submitting a 'dummy' bid and one a
genuine bid.
An employee colluding with a contractor to
falsify or inflate invoices.
Corruption Risk
Laws & Regulations
Offences
• MACC Act 2009 provide offences :
– Soliciting or receiving gratification under section 16 & 17(a) MACC Act 2009;
– Offering or giving gratification under section 17(b) MACC Act 2009;
– Intending to deceive (false claim) under section 18 MACC Act 2009;
– Using office or position for gratification under section 23 MACC Act 2009.
• Any person who commits an offence shall on conviction be liable to imprisonment for a term not exceeding 20 years and a fine of not less than 5 times the sum or value of the gratification or RM10,000 whichever is the higher under section 24 MACC Act 2009.
Failure To Report
MACC Act 2009 provide offences :– Any person who knows and fails to report an act of
giving and offering of gratification is committing an offence under section 25 (1) and (2) of the MACC Act 2009; a fine not exceeding RM100,000 or to imprisonment for a term not exceeding 10 years or to both;
– Any person who knows and fails to report an act of soliciting and obtaining of gratification is committing an offence under section 25 (3) and (4) of the MACC Act 2009; a fine not exceeding RM10,000 or to imprisonment for term not exceeding 2 years or to both.
Laws & Regulations
Laws & Regulations
Protection To Whistleblower
A whistleblower is one who informs the relevant authority in his/her view of an act of corruption.
• Whistleblower is protected under section 65 of the MACC Act 2009 as well as under the Whistleblower Protection Act 2010.
• A whistleblower who has witnessed a corruption activity will be considered as a witness and will be protected under the Witness Protection Act 2009.
References
• Gift Enquiry. Retrieved from: http://www.sprm.gov.my/hadiah.html?&lang=en. Retrieved on 5th Jan 2015
• Agriculture Department. Retrieved on January 6, 2015 from http://www.doa.gov.my/maklumat-kesalahan-rasuah-tatatertib
THANK YOU