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INTEGRITY AND ANTI-

CORRUPTION COURSE
Kursus Integriti dan Antirasuah (KIAR)

NACP
2019-2023
DRCHARANJITKAUR
Module
REPORT CORRUPTION,
PREVENTIVE MEASURES
AND GOVERNMENT
INITIATIVES
DRCHARANJITKAUR
REJECT CORRUPTION &
LODGE YOUR REPORT
FAIL to report is a crime
- Section 25 MACC Act 2009 -

DRCHARANJITKAUR
RESPONSIBILITY TO LODGE A REPORT

Reporting offer / giving of bribes is compulsory


• Any person who is promised, offered, or given a
gratification to do something.
• Must report to MACC.

FAILURE TO REPORT
• Fine not exceeding RM100,000; or
• Imprisonment not exceeding 10 years; or
• Both.
DRCHARANJITKAUR
RESPONSIBILITY TO LODGE A REPORT

Reporting solicitation / receiving of bribes


• Any person from whom gratification is solicited,
obtained or attempted to be obtained (from him).
• Must report to MACC.

FAILURE TO REPORT
• Fine not exceeding RM10,000; or
• Imprisonment no exceeding 2 years; or
• Both.
DRCHARANJITKAUR
FAILURE TO REPORT BRIBE,
FIVE MOF OFFICERS FINED

• Kuala Lumpur, 2 December 2020 - Five


officers of Ministry of Finance (MoF) were
charged under Section 25(1) MACC Act 2009
for failing to report bribe offers.

• They pleaded guilty and were fined RM1,500


to RM2,000.

• They were offered bribes between RM200


and RM600 from middlemen to expedite
applications of new MoF account for several
companies.
DRCHARANJITKAUR
FAILURE TO REPORT BRIBE,
AN EXECUTIVE WAS FINED RM7,000

• KUALA LUMPUR, 19 August 2021 - A former


purchasing executive was fined RM7,000 by a court for
failing to report bribes given to him.

• The accused (woman) who is a Senior Buyer in Sapura


Energy Berhad was given a bribe of RM4,000 by a
company director.

• The bribe as an inducement for the accused to disclose


confidential information on another company's tender
price for the 'Provision of Engineering, Procurement,
Construction, Installation, and Commissioning (EPCIC)
of Pegaga Development Project' from Sapura Energy
Berhad.
DRCHARANJITKAUR
Reporting corruption:
What is important?
• Date, time and location of incident;

• Identity of giver, recipient and


middleman (if any);

• What happened and who was involved


in the incident;

• Witnesses who know or saw the


incident; and

• Relevant documents.
DRCHARANJITKAUR
How to report?
• Come forward to any MACC office

• Contact MACC office:


Toll-free line: 1-800-88-6000
Regular line: 03-8870 0688 / 0689 / 0690 / 0691
SMS : 019-6000 696
Fax : 03-8870 0934

• Send an email to info@sprm.gov.my

• Visit MACC portal – Complaints Management System


(CMS)

• Send a letter to P.O Box 6000 (without stamp)

• Contact any MACC officer


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Complaint Management
System (CMS)

An online platform for the public to


lodge reports on corruption cases.

System allows complainants to check


the status of their reports.

DRCHARANJITKAUR
MACC MOBILE
The public can
download this
application on:

DRCHARANJITKAUR
CONFIDENTIALITY
of whistleblowers and reports

• Reports made are kept confidential


until the accused is charged in court.

• Identity of whistleblowers are


confidential and will not be revealed in
any court.

DRCHARANJITKAUR
MACC’s whistleblowers
and witnesses

WILL BE
PROTECTED!!

DRCHARANJITKAUR
DEFINITION

and

DRCHARANJITKAUR
• A whistleblower secretly discloses a
corrupt act.

• Is not actively involved in a corrupt act.

• Disclosure is made based on his


reasonable belief.

• May or may not be present as witness in


court.
WHISTLE
• Protected under the Whistleblower
BLOWER Protection Act 2010.

DRCHARANJITKAUR
Whistleblower Protection Act 2010

Confidentiality Immunity from civil, Protection from


of the criminal or detrimental action -
whistleblower’s disciplinary action, when action is taken
identity itself due to disclosure on whistleblower

NOTE: Under the condition that the whistleblower is prepared to be


identified by MACC officers
DRCHARANJITKAUR
FIRST PROSECUTION UNDER THE
WHISTLEBLOWER PROTECTION ACT 2010

• KUALA LUMPUR, 18 September 2020 - On 18


September 2020, the Deputy Director of
Education Malaysia Global Services (EMGS) was
charged under Section 10(3)(b) of the
Whistleblower Protection Act 2010 (WPA 2010) at
the Kuala Lumpur Sessions Court.

• According to the charge, he allegedly caused the


dismissal of an EMGS officer following the latter's
disclosure of corruption-related information to
MACC.

• If convicted, he faces a maximum of 15 years’


imprisonment or fine, or both.
DRCHARANJITKAUR
• A person who has direct knowledge
through:
- Sight;
- Hearing; or
- His involvement in a crime.

• Becomes a witness in court.

• Protected under the Witness Protection


Act 2009.

WITNESS
DRCHARANJITKAUR
Witness Protection Act 2009

Providing a Providing
residence to the payments for
participant living expenses

Other
Applying to create
appropriate
a new identity
actions

Forms of protection under the


Witness Protection
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Programme
Preventive Measures
ANTI-CORRUPTION

DRCHARANJITKAUR
8 TIPS TO AVOID
CORRUPTION

DRCHARANJITKAUR
TIPS TO AVOID CORRUPTION

DO NOT say ’YES’


on first offer.

DRCHARANJITKAUR
TIPS TO AVOID CORRUPTION

BE CAREFUL with compliments.

Excessive compliments can lead


someone to lose sight of oneself and
in the end lead to violation of rules.

DRCHARANJITKAUR
TIPS TO AVOID CORRUPTION

DO NOT ever show actions or


behaviour that seems to portray
that we are asking.

DRCHARANJITKAUR
TIPS TO AVOID CORRUPTION

DO NOT get accustomed to receiving


any form of entertainment from those
who have official relationship with us,
even though it is just a treat to a drink.

DRCHARANJITKAUR
TIPS TO AVOID CORRUPTION

AVOID a relationship that is


too close with a company
that has an official
relationship with us.

DRCHARANJITKAUR
TIPS TO AVOID CORRUPTION

DECLINE offer or
persuasion firmly.

DRCHARANJITKAUR
TIPS TO AVOID CORRUPTION

AVOID talking about personal


matters or family issues with
people with whom we have an
official relations.

DRCHARANJITKAUR
TIPS TO AVOID CORRUPTION

Befriend people who


are honest and can
advise and guide us.

DRCHARANJITKAUR
GOVERNMENT INITIATIVES
IN CURBING CORRUPTION

DRCHARANJITKAUR
This 5-year plan was launched on 29
January 2019 by the YAB Prime Minister.
This plan is a government policy and
directive on anti-corruption.

6 key areas
17 strategic
objectives
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115 initiatives
Governance, Integrity and Anti-
Corruption Centre (GIACC)

• Established on 1 June 2018

• Function - Coordinate and


monitor all activities related to
governance, integrity and anti-
corruption.

DRCHARANJITKAUR
Special Cabinet Committee on
Anti-Corruption (JKKMAR)

• Replaces the Special Cabinet Committee on


Government Integrity Management (JKKMKPK).

• Role - determine policy and way forward on


national governance, integrity and anti-
corruption.

• Monitor the implementation of the National Anti-


Corruption Plan (NACP) 2019-2023.

• JKKMAR meeting is chaired by the Prime


Minister.
DRCHARANJITKAUR
Anti-Corruption Committee (JAR)

• Replaces the Integrity and Governance Committee


(JITU).

• JAR exists in all ministries, departments,


government agencies and statutory bodies.

• National-level JAR is chaired by the Chief Secretary


to the Government (KSN).

• Focus of discussion - issues on integrity, corruption


and governance at all levels of government
administration.
DRCHARANJITKAUR
Declaration of assets by
members of administration
and Members of Parliament
• Must declare - asset, additional property
https://mydeclaration.sprm.gov.my and asset disposal.

• Asset owned by Members of


Parliament, spouse, children and their
stakeholders.

• Asset Declaration Portal - developed


by MACC to display the asset
declaration by members of
administration and Members of
Parliament.
DRCHARANJITKAUR
ORGANISATIONAL ANTI-
CORRUPTION PLAN (OACP)

• OACP aims to solve problems/weakness in


governance, integrity and anti-corruption issues
in an organisation.

• Developing OACP is MANDATORY as per


PM’s Directive No.1 of 2018, Series 2 No.1 of
2019.

Strategy 2: Enhance the efficiency of public


service delivery
Strategy 6: Cultivate good governance in
corporate entities
DRCHARANJITKAUR
INTEGRITY UNITS IN
PUBLIC AGENCIES
• Service Circular No. 6 of 2013: Establishment of
Integrity Units in All Public Agencies - Government
Directive for all Public Agencies to Establish an
Integrity Unit (UI).

• UI acts as a focal point for the management of


integrity and corruption issues.

• UI is an internal control effort by an agency to


prevent corrupt practices.

• Overall, 887 UI have been established in public


agencies.
DRCHARANJITKAUR
INTEGRITY AND
GOVERNANCE UNIT
in government-linked
companies
• Prime Minister’s Directive No.1 of 2018, Series 1 No.1 of 2018:
Establishment of Integrity and Governance Unit (IGU) in
Government-Linked Companies, Companies owned by
Ministries and Government Agencies including under State
Governments.

• Enforced on 5 October 2018.

• Main role of IGU - enhance governance in GLC by cultivating


integrity and rejecting all forms of corruption.
DRCHARANJITKAUR
Corporate liability
provision
• Passed by Parliament on 5 April 2018.

• Section 17A MACC Act 2009.

• Aims to enhance good governance in corporate


sector and encourage business to be conducted
cleanly.

• Means that the company can be held liable if it


allows its employees to use corruption to obtain a
contract / project.
DRCHARANJITKAUR
• Implemented from 15 October 2013.

• An international standard on
corruption prevention.

• Sets policy and procedures for


organisations to manage and prevent
corruption.

• NACP (2019-2023) - Government


and private agencies are encouraged
to obtain ABMS certification.

DRCHARANJITKAUR
CORPORATE • CIP is a company’s commitment to create a
business environment that us just, transparent and
INTEGRITY free from corruption.

PLEDGE (CIP) • Companies can participate in CIP via the Corporate


Integrity System Malaysia (CISM) portal at
version 2 https://cism.sprm.gov.my/.

• 7 CISM initiatives to be implemented are:


- Leadership
- Code of ethics
- Policies on corruption prevention
- Corruption risk management
- Training and communication
- Performance evaluation
- Corruption prevention reporting

DRCHARANJITKAUR
INTEGRITY AND ANTI-CORRUPTION
COURSE (KIAR) IN HIGHER
LEARNING INSTITUTES

On 19 April 2021, the Special Cabinet Committee


on Anti-Corruption (JKKMAR) decided that
Integrity and Anti-Corruption Course is offered in
all higher learning institutes.

2021 - as an elective course


2023 - as a compulsory course

DRCHARANJITKAUR
CORRUPTION-FREE PLEDGE
The UNDERTAKINGS in the pledge are:
1. To follow the law, regulations, national
Ensure
policies related to corruption.
organisation’s
leadership is free
Voluntary 2. To condemn and reject corruption.

from corruption 3. To not involve in any form of


corruption.
Based on the
4. To ensure employees are not involved
concept of in corruption.
‘leadership by
5. To report to MACC any form of corrupt
example’ act.
DRCHARANJITKAUR
OTHER INITIATIVES

• Special Corruption Court

• Prosecution of corruption cases within a


year

• Corruption Offenders Database

• Tax deductions to companies that


conduct community programs related to
integrity and anti-corruption

DRCHARANJITKAUR
OTHER INITIATIVES

• MyProcurement Portal

• Guidelines for action on support received


from government leaders, influential
individuals, or any persons regarding a
government matter

• Integrity Pact (IP) in government


procurement

DRCHARANJITKAUR

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