International Framework and Domestic Implementation...
Transcript of International Framework and Domestic Implementation...
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2018/SOM1/ACT/WKSP/003 Session 1
International Framework and Domestic Implementation Malaysian Anti-Corruption
Commission Efforts
Submitted by: Malaysia
Best Fit Practices and Experience Sharing Workshop on Corruption Prevention
Mechanisms in APEC Economies Port Moresby, Papua New Guinea
24 February 2018
APEC BEST-FIT PRACTICES AND EXPERIENCE SHARING WORKSHOPON CORRUPTION PREVENTION MECHANISMS IN APEC ECONOMIES:
INTERNATIONAL FRAMEWORK AND DOMESTIC IMPLEMENTATION :MALAYSIAN ANTI-CORRUPTION COMMISSION EFFORTS 24 February 2018,
Port Moresby, Papua New Guinea
ANTI-CORRUPTION FRAMEWORK• Anti-Corruption Agency (ACA) was set up in 1967
• In 1973, named as The National Bureau of Investigation (NBI) through the enactment of the NBI Act.
• In 1982, reverted back to ACA with the passing of the ACA Act by the parliament.
• On 1st January 2009, the Malaysian Anti-Corruption Commission (MACC) replaced the ACA in becoming an
independent commission.
The MACC is monitored by 5 oversight
committees in overseeing its operations and
acting as a Check & Balance Mechanism.
•Anti-Corruption Advisory Board
• Special Committee on Corruption
• Complaints Committee
• Operations Review Panel
• Consultation and Corruption Prevention Panel
42 members from
and expertise that
such as retired
various background
represents
judges,
society
lawyers,
academicians, NGO & civil
society, politicians from both divide,
accountants and media experts.
UNITED CONVENTION AGAINST CORRUPTION
(UNCAC)
PREVENTION CRIMINALIZATIONINTERNATIONALCOOPERATION
ASSETRECOVERY
I n t e r n a t i o n a l L e g a l I n st r u m e n t A g a i n s t Co r r u p t i o n ;
A i m s t o p r o m o t e a n d S t r e n g t h e n I n t e r n a t i o n a l
P r e ve n t a n d C o m b a t t h e T r a n s f e r o f I l l i c i t O r i g i n
C o o p e r a t i o n ,
De r i ve d f r o m
A ct s o f C o r r u p t i o n ;
Ma l ay s i a S i g n e d t h e C o n ve n t i o n o n 9 t h De c 2 0 0 8;
R a t i f i e d o n 2 4 t h S ep t . 2 0 0 8 a n d e n t e r e d t o f o r ce o n 2 4 t h O ct 2 0 0 8;
U n d e r go n e t h e 1 s t R e v i e w cy cl e i n ye a r 3 ( C h ap t e r I I I a n d I V ) d a n
2 n d R e v i e w cy cl e i n ye a r 1 ( C h ap t e r I I a n d V )
The 4th objective of Malaysia Vision 2020 :
To establish a fully moral and ethical society, whose citizens are
strong in religious and spiritual values and filled with the
highest of ethical standards. In Malaysia therefore the process
of achieving this objective is a life-long learning experience
starting from the point a child attends school till the time he/she
is an adult in market places.
ENFORCEMENT
COMMUNITY
EDUCATION
PREVENTION
- DETECT CORRUPTION OFFENCES
- INVESTIGATE CORRUPTION OFFENCES
- DETECT THE RISK OF CORRUPTION IN
WORK PRACTICES, SYSTEMS AND
PROCEDURES
- ADVISE ON THE LIKELIHOOD OF THE
OCCURRENCE OF CORRUPTION
- EDUCATE THE PUBLIC AGAINST
CORRUPTION
- ENLIST AND FOSTER PUBLIC SUPPORT
AGAINST CORRUPTION
THREE-PRONGED STRATEGY OF MACC
MALAYSIAN ANTI-CORRUPTION COMMISSION (MACC) ACT 2009
Section 7: officers of the Commission shall have the following functions
Sec. 7 (c) : to examine the practices, systems and procedures of public bodies in order to facilitate the discovery ofoffences under this act and to secure the revision of such practices, systems or procedures as in the opinion of thechief commissioner may be conducive to corruption;
Sec. 7 (d) : to instruct, advice and assist any person, on the latter’s request, on ways in which corruption may beeliminated by such person;
Sec. 7 (e) : to advise heads of public bodies on any changes in practices, systems or procedures compatible with theeffective discharge of the duties of the public bodies as the Chief Commissioner thinks necessary to reduce thelikelihood of the occurrence of corruption.
Sec. 7 (f) : to educate the public against corruption;
Sec. 7 (g) : to enlist and foster public support against corruption.
INTERNATIONAL FRAMEWORK AND DOMESTIC
IMPLEMENTATION
COMMUNITY
EDUCATION
PREVENTION
1. INSPECTION & CONSULTANCY
DIVISION
2. THE AGENCY INTEGRITY
MANAGEMENT DIVISION
3. COMMUNITY EDUCATION DIVISION
ARTICLE 5 – 14 OF CHAPTER II OF UNCAC
STRATEGIC ALLIANCES
PUBLIC SECTOR PSPR (Corruption Prevention Strategic Plan)
PRIVATE SECTOR
CIVIL SOCIETY
POLITIC SECTOR
SCHOOL –WAR
UNIVERSITY &
YOUTH - SPR
Engagements with Regulators and Business Association
Joint forums and public talks in collaboration with CSO’s
Engagement with top leadership & dialogue sessions with members
Anti-Corruption Hero Program – ( National & Vernacular )
Corruption Prevention Secretariat at Institutes of Higher Learning,
Teacher Education Institutes, MARA Education Institutes
ACHIEVEMENTS
INSPECTION & CONSULTANCY DIVISION
PREVENTION
2012-2017
853 Inspections
2074 Suggestions
▪ CeIO TRAINING PROGRAM FOR PUBLIC OFFICIALS
▪ EXTENDED TO PRIVATE SECTORS
▪ INTERNATIONAL
PRIME MINISTER DIRECTIVE NO. 1 OF 2009, SERIES 1 NO.1
YEAR 2011 – IMPLEMENTATION OF CERTIFIED INTEGRITY
OFFICER (CeIO) PROGRAM
GOVERNMENT SERVICE CIRCULAR NO. 6 YEAR 2013
PRIME MINISTER DIRECTIVE , 2017
PRIME MINISTER DIRECTIVE
All government-linked companies as well as state and ministry-owned businessentities to have an integrity and governance unit.
The unit will come under the supervision of the Malaysian Anti-Corruption
Commission (MACC).
The move was to strengthen the business community’s confidence in Malaysia.
CEIO ALL GOVERNMENT-LINKED COMPANIES
SECONDMENT OF
MACC OFFICERSCERTIFIED INTEGRITY OFFICER
(CeIO)
- Telekom Malaysia Berhad (TM) ;
- Mass Rapid Transit Corporation Sdn Bhd (MRT Corp);
- Petroliam Nasional Berhad (PETRONAS);
- Prasarana Malaysia Berhad;
- Felda Global Ventures Holdings Berhad (FGV) ;
- Malaysian Resources Corporation Berhad (MRCB);
- Johor Corporation (JCorp); and more
12 GLCs
INITIATIVES ON CORRUPTION PREVENTION
Various initiatives on corruption prevention are carried out with
the Public and Private sector, such as sign the Corruption-
Free Pledge (IBR), Kembara Jelajah Anti-Rasuah (Kejar)
(Anti- Corruption tour campaign), integrity pacts,
monitoring committees for large projects and integrity
pledges. Large
Malaysian corporations regularly employ integrity officers
and have no-gifts policies in place. MACC provides training
for the private sector and has seconded a small number of
MACC officers to large companies
IBR Implementation
1.Pledge by an individual
2.Witnessed by MACC
3.Taking the oath to never
engage in any corruption
activities
4.Signing the pledge
document
13-DAY ANTI-CORRUPTION TOUR TO ALL OVER STATES
IN MALAYSIA BY CHIEF COMMISSIONER OF MACC
With the Tribal CommunityForum with the Sport Commission
Whistleblowing Campaign byTI Malaysia
2009
2015
2016
39%
68%
76%
PUBLIC CONFIDENCE AND SUPPORT FOR MACC
Karunanithy s/o Y. SubbiahB.Comm (Hon) (UPM), M.Comm (UKM), CeIO (MACA)
Deputy DirectorInspection and Consultation Division
Malaysian Anti-Corruption [email protected]
+603-88911326 / +6019-6000455