___________________________________________________________________________

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 Commissionkaruna@sprm.gov.my

+603-88911326 / +6019-6000455