Posts Tagged Malaysia

Wakil UNODC Puji Inisiatif SPRM

NAY PYI TAW, Myanmar – Kerajaan Myanmar telah memuji langkah yang diambil oleh Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) dan Kerajaan Malaysia dalam usaha pencegahan rasuah serta penglibatan dalam inisiatif penubuhan Pasukan ‘Task Force United Nations Covention against Corruption’ (UNCAC) sehingga berjaya menyelesaikan proses penilaian dalam tempoh setahun.

SPRM diberikan pengiktirafan semasa 'National Seminar on Implementation of UNCAC' di Myanmar pada 20 dan 21 Januari 2014 anjuran Pejabat Pertubuhan Bangsa Bersatu mengenai Dadah dan Jenayah (UNODC) dan Pejabat Pendakwa Raya Myanmar.

SPRM diberikan pengiktirafan semasa ‘National Seminar on Implementation of UNCAC’ di Myanmar pada 20 dan 21 Januari 2014 anjuran Pejabat Pertubuhan Bangsa Bersatu mengenai Dadah dan Jenayah (UNODC) dan Pejabat Pendakwa Raya Myanmar.

Banyak soalan telah ditujukan kepada wakil-wakil Malaysia sepanjang seminar dua hari itu berlangsung bagi mendapatkan penjelasan mengenai inisiatif yang telah dilaksanakan oleh Malaysia.

Dalam pembentangannya, Pesuruhjaya Komisi Anti-Rasuah Bhutan En. Kezang Jamtsho memuji usaha yang dilaksanakan oleh Kerajaan Malaysia dan SPRM dalam membanteras rasuah serta bantuan pembangunan kapasiti yang disediakan oleh pihak Akademi Pencegahan Rasuah Malaysia (MACA).

Tujuan seminar ini diadakan adalah untuk membantu Myanmar dalam memberikan penerangan lanjut mengenai peruntukan UNCAC khususnya Artikel 5 dan 6 UNCAC serta peranan yang boleh dimainkan oleh kumpulan sivil dan sektor swasta berdasarkan Artikel 12 dan 13 UNCAC.

Selain itu, seminar ini bertujuan untuk membantu Myanmar mengatur strategi membanteras rasuah dan memastikan Myanmar mematuhi semua peruntukkan dalam UNCAC.

Peserta juga diberikan penerangan mengenai penyediaan untuk menghadapi proses penilaian Bab III dan IV UNCAC oleh Myanmar pada pusingan ini.

SPRM diwakili oleh Pengarah Bahagian Pengurusan Rekod dan Teknologi Maklumat Tuan Hj. Nor Azmi Karim dan Ketua Cawangan Perhubungan Antarabangsa SPRM Tuan Karunanithy a/l Y. Subbiah.

Semasa seminar itu, Nor Azmi telah membentangkan kertas kerja bertajuk ‘UNCAC Institutional Requirements’ berdasarkan kehendak Artikel 6 dan 36 dengan menerangkan bagaimana SPRM telah melakukan transformasi dari BPR kepada SPRM yang jelas telah mematuhi keperluan Artikel-artikel tersebut.

Di samping itu, Nor Azmi telah dijemput untuk menjadi pemudahcara bagi Sesi Ke-4 Seminar tersebut yang melibatkan peranan sektor swasta dan kumpulan sivil dalam membanteras rasuah.

Manakala, Tuan Karunanithy telah membentangkan kertas kerja bertajuk ‘Review of Implementation of UNCAC: Malaysia’s Experiences on the Review Process’.

Beliau telah menerangkan pengalaman SPRM selaku ‘focal point’ dalam membuat persediaan untuk menghadapi proses penilaian sehingga dapat melengkapkan proses penilaian dalam tempoh masa setahun.

Beliau turut memaklumkan 23 amalan baik yang telah dikenal pasti oleh pihak penilai yang wajar dicontohi negara-negara lain.

Seminar ini turut disertai oleh wakil PEMANDU, Lokman Yahya, yang telah membentangkan Pelan Transformasi Kerajaan (GTP) 2.0 serta usaha-usaha NKRA Memerangi Rasuah.

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Transformasi SPRM bawa impak positif

Oleh : Berita Harian

Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) yang dibentuk Januari 2009, sedang melalui perubahan besar dari segi polisi dan strategi bagi memperkasakan usaha memerangi rasuah dengan cekap dan berkesan. 

Perubahan itu antara lain menyumbang kepada peningkatan berterusan dari segi kadar sabitan kes dibicarakan sejak 2009. 

“Terima kasih kepada Program Transformasi Kerajaan (GTP), Jabatan Peguam Negara dan program transformasi SPRM. Kita sudah mencapai kadar sabitan 71 peratus pada 2010 berbanding 54 peratus pada 2009, 75 peratus pada 2011 dan diikuti 85 peratus pada tahun lalu,” kata Ketua Pesuruhjaya SPRM, Tan Sri Abu Kassim Mohamed.

Ahli-Ahli JKMR yang dilantik oleh YDP Agong

Ahli-Ahli JKMR yang dilantik oleh YDP Agong menerima laporan tahunan SPRM 2012 yang diserahkan oleh Ketua Pesuruhjaya SPRM

Abu Kassim menyerahkan Laporan Tahunan 2012 SPRM kepada Jawatankuasa Khas Mengenai Rasuah (JKMR) pada 6 November 2013 selaras dengan Akta SPRM 2009.

Jelas Abu Kassim, pencapaian kadar sabitan 85 peratus tahun lalu menunjukkan paras itu lima peratus lebih berbanding piawaian ditetapkan badan antarabangsa untuk pencapaian terbaik.

Di bawah program transformasi yang memfokus usaha merangka pelan meningkatkan kecekapan dan keberkesanan usaha memerangi rasuah, SPRM menggariskan perubahan persepsi masyarakat ke arah positif sebagai antara elemen penting.

Pelan berkenaan menetapkan tiga segmen iaitu pengurusan sistem dalam keberkesanan siasatan, pengurusan sistem dalam pencegahan dan pendidikan serta pembangunan modal insan.
Transformasi berjaya

Pelan transformasi terbukti berjaya dan keputusan memberangsangkan meletakkan kedudukan Malaysia hampir dengan Hong Kong dalam usaha memerangi rasuah, kata Abu Kassim.

Pelan transformasi antara lain membawa kepada pengenalan bilik temu bual bervideo (VIR) dan Bilik Gerakan Operasi Siasatan serta Mahkamah Sesyen Khas Rasuah.

Bukan saja SPRM mencapai kadar sabitan kesalahan yang berkualiti, kata beliau, SPRM turut meningkatkan perkhidmatannya dalam memenuhi kehendak masyarakat dengan memfokuskan lebih kepada kuantiti, contohnya ikan jerung.

Pada 2012, SPRM memperoleh kejayaan besar dalam operasi dijalankan. Antara operasi yang berjaya adalah berhubung kes sindiket penjualan lot bazar Ramadan, penyeludupan minyak diesel, pemalsuan dokumen, sindiket haji ekspres dan penyelewengan dalam Projek Pembangunan ISKANDAR Malaysia.

“Operasi bersepadu SPRM berjaya membongkar dan seterusnya mengenakan tindakan undang-undang terhadap mereka yang terbabit dalam kegiatan tidak berintegriti,” kata Abu Kassim.

Seramai 313 orang berjaya dituduh tahun lalu iaitu 33.5 peratus membabitkan kakitangan awam, 53 peratus orang awam, 13 peratus sektor swasta dan 0.5 peratus ahli politik.

SPRM melalui Laporan Tahunan 2012 turut mengemukakan 30 syor kepada agensi kerajaan bagi memperbaiki sistem dan prosedur masing-masing.

INFO: Kadar sabitan 2009 – 2012
2009 – 54 peratus
2010 – 71 peratus
2011 – 75 peratus
2012 – 85 peratus

Jumlah kes diterima SPRM 2009 – 2012
2009 – 5,936
2010 – 5,646
2011 – 6,475
2012 – 5,496

Laporkan Rasuah: 1-800-88-6000

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MACC Form Strategic Alliance With China Academy Of Discipline , Inspection & Supervision

BY : Yip Ai Tsin

BEIJING – A simple but meaningful visit on 25 November 2013 by the Malaysian Anti-Corruption Commission (MACC) to the China Academy Of Discipline, Inspection & Supervision (CADIS) enabled bridges to be built between both sides.

Led by Deputy Chief Commissioner Dato’ Zakaria Jaffar, the two-day visit to  CADIS included the Malaysia Anti-Corruption Academy Director Dato’ Abdul Wahab Abdul Aziz. The visit serves as an initial foundation of ‘constructing a bridge’ for MACC’s strategic alliance with CADIS. Hopefully it will generate more individuals who will be trained as qualified anti-corruption officers.

MACC Form Strategic Alliance With China Academy Of Discipline , Inspection & Supervision

MACC Form Strategic Alliance With China Academy Of Discipline , Inspection & Supervision

Dato Zakaria, in his discussion, remarked that Malaysia has no doubt about choosing CADIS as collaborative partner based on its excellent track records. CADIS has been well-known for producing world class professional anti-corruption officers and it is also a long standing provider of quality and accommodating experience, as seen in MACA’s previous collaboration with CADIS.

The focal objectives were to produce competent and professional anti-corruption officers of international standing. Considering that Malaysia is the anti-corruption hub for the Asian region, it is in an advantageous position to lure participants from other Asian countries to pursue programs at MACA.

There was also a short visit to China Ministry of Supervision Vice-Minister Hao Minjin’s office. Mr Hao expressed support for this venture as he believed this kind of effort will be beneficial to all. Furthermore, this is also in-line with the government transformation program as well as the MACC Chief Commissioner’s mission to elevate the status of MACC through anti-graft  initiatives abroad.

During the meeting at CADIS campus in Hanjian District Beijing, Dato’ Abdul Wahab was involved in a broad range of discussions to further the international development agenda between both academies. He thanked CADIS Executive Vice-President Wang Yongjun for extending the collaboration.

He added that MACA is looking forward to materialize this initiative. Evidently, this initiative proved that MACA supports technical assistance, knowledge transfer and exchanging of ideas among the international community.

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Minister to IAACA Delegates: MACC & MACA Successful In Upholding Governance and Integrity

PANAMA CITYThe setting up of a Governance and Integrity Ministry by the Malaysia government bears testament to the strong political towards achieving a corruption-free society, said Minister in the Prime Minister’s Department Senator Datuk Paul Low Seng Kuan to the international delegates.

Malaysia Joined OECD Working Group on Bribery in International Business Transaction

Malaysia Joined OECD Working Group on Bribery in International Business Transaction

During the Conference of State Parties to the United Nations Convention Against Corruption on 25 November 2013 hosted by the Panama government, he also highlighted the success stories and achievements of the Malaysian Anti-Corruption Commission (MACC) as well as the Malaysia Anti-Corruption Academy (MACA).

Among the highlights of his keynote address:

1) MACC

Fashioned after the ICAC of Hong Kong (SAR), the MACC unlike its predecessor, is now “detached” from the Prime Minister’s Department and reports directly to the Anti-Corruption Advisory Board and the Parliament (Select) Committee on Corruption.

Additionally the MACC’s core functions of prevention and investigation are scrutinized by the Corruption Prevention and Consultation Panel, the Operation Review Panel and a Complaints Committee.

A Service Commission has also been formed to streamline hiring of specialized resources, and the status of the Chief Commissioner is being elevated to be on par with the Auditor General, Attorney General and Judiciary in terms of his independence.

2) MALAYSIA’S KEY ANTI-CORRUPTION INITIATIVES

Hand-in-hand with punitive and integrity measures as per the MACC Act 2009, the Government has also implemented several additional initiatives under its NKRA – Fighting Corruption Strategy as follows:

1.    Enactment of the Witness Protection Act 2009.

2.    Enactment of the Whistle Blowers Protection Act 2010.

3.    Setting up specialized courts to try corruption cases.

4.    “Name & shame” data base for offenders prosecuted for corruption offences.

Additionally, we have also embarked on other integrity enhancement initiatives:

·         Corporate Integrity Pledges (CIP) by companies or corporate bodies to uphold principles of integrity in doing business (to date about 279 CIPs have been signed).

·         Integrity Pacts (IP) between the Government and its vendors not to participate in corrupt practices.

·         Electronic procurement processes to ensure transparency and reduce human interaction in bidding, etc.

·         Doing away with lobbying through the use of “support” letters to influence decision makers.

·         “Hot” job rotation exercise – to overcome officials establishing unhealthy relationships with suppliers.

·         Reducing bureaucratic delays – cutting down usage of long complicated processes, one-stop centre for government services.

 

New initiatives of the Government include:

·         Removing middlemen in Government Procurement.

·         Inclusion of criminal liability of legal persons clause in the MACCA 2009.

·         Amending existing provisions of the MACCA 2009 in regards to asset declaration.

One recently announced development is that the MACC will head and oversee Integrity Units in all Ministries, Government Departments and Agencies (mainly high-risk organisations). The Units will be headed and supervised by experienced officers from the anti-graft body itself.

 

3) INTERNATIONAL COOPERATION

On 2nd September 2010, Malaysia was one of the first to sign the Agreement for the setting up of the International Anti-Corruption Academy (IACA) – a joint initiative between the UNODC – and contributed RM 1 million towards its initial establishment. The Chief Commissioner of MACC currently serves as the Vice Chairman of IACA’s Board of Governors.

The MACC is also one of ten Southeast Asian Anti-Corruption Agencies to have signed a MoU on Preventing and Combating Corruption within the region – called the South East Asia Parties Against Corruption (SEA-PAC).

4) PROCESS OF REVIEW

Comments made by the experts from the Philippines and Kenya in the recently concluded desk review and country visit processes on Malaysia’s implementation of Chapters III and IV of UNCAC have been noted and taken to serve as a positive guide for our future improvements.

With regards to this, Malaysia would like to thank the Secretariat and these experts for having done an excellent job during the first review cycle for Malaysia. Some of the successes and good practices in implementing Chapter III and IV of the Convention are:

·         14 specialized anti-corruption courts have been in existence since 2011. Judges are instructed to hear cases within one year and can be held accountable for non-compliance. Other initiatives which helped to reduce the case backlog were the introduction of pre-trial conferences and plea bargaining.

·         Various initiatives on corruption prevention are carried out with the private sector, such as 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.

·         Malaysia has in place specialized and skilled manpower who actively cooperate with their foreign counterparts. Dedicated training, capacity building and exchange programmes – including through MACA – are among the international good practices for information exchange, cooperation and corruption prevention.

·         The use of joint investigations and an operational working group with Brunei Darussalam are good examples of law enforcement cooperation among countries at the policy and operational level.

5) KUALA LUMPUR STATEMENT ON ANTI-CORRUPTION STRATEGIES

On behalf of the anti-corruption authorities as well as national planning authorities from the 20 South, East and Southeast Asian countries (namely, in alphabetical order: Afghanistan, Bangladesh, Bhutan, Cambodia, China, Lao PDR, India, Indonesia, Republic of Korea, Malaysia, Maldives, Myanmar, Mongolia, Nepal, the Philippines, Singapore, Sri Lanka, Timor-Leste, Thailand and Vietnam) I would like to take this opportunity to make a statement formulated during the Asia Regional Meeting on Anti-Corruption Strategies held in Kuala Lumpur between 21-22 October 2013 organized jointly by UNDP Pacific Centre and UNODC Regional Centre for East Asia with the Government of Malaysia.

The Kuala Lumpur Statement on Anti-Corruption Strategies is formulated in line with Article 5 (1) of UNCAC which states:

Article 5 (1) of UNCAC specifies, that “each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.”

This statement does not pretend to supersede the UNODC/ UNICRI “Technical Guide to the United Nations Convention against Corruption” on Chapter II Article 5, but has been developed to fine tune and enhance said “Technical Guide” to further promote the implementation of the Convention in a sustainable and manageable manner by all State Parties, noting that compliance with the Convention is not an end by itself.

The participants at the Meeting which also represented State Parties to the Convention have agreed to a set of guidelines termed “The Kuala Lumpur Statement on Anti-Corruption Strategies” mainly because it was formulated at the host-country, Malaysia. The participants also support the commitment of Malaysia to make this statement officially at the Conference and urge that all State Parties to the Convention adopt these guidelines as complementary to the Technical Guide.

Allow me also to take this opportunity to thank the organizers of the Asia Regional Meeting on Anti-Corruption Strategies namely UNDP Pacific Centre and UNODC Regional Centre for East Asia for spearheading this initiative in anticipation of the Second Review Cycle on Chapter II of UNCAC.

6) COUNTRIES IN REVIEW BY MALAYSIA

Year 4 will see Malaysia reviewing both the good countries of Palau and Turkey.

Anti-corruption is a common task facing every country in the world, and strengthening exchanges and cooperation in anti-corruption has become an inevitable choice of the international community. Given differences in the level of economic development, political and legal systems, historical and cultural background, as well as in legislation, investigation, prosecution and punitive measures for fighting and preventing corruption crimes, countries and regions may be different in their anti-corruption work development. Nonetheless, we should, in the spirit of mutual respect, mutually benefit and support one another to jointly fight and prevent transnational corruption crimes.

 

7) MACA

I want to use this occasion to reaffirm that Malaysia stands committed to share and exchange information intelligence with our international anti-corruption counterparts. We shall continue to strengthen our international commitment through the provision of capacity and capability building and provide technical assistance to other member states.

The Malaysia Anti-Corruption Academy (MACA) offers training programs tailored to both local and international participants, and is one of the strong supporters of the IACA – which will be conducting one of the seven modules of its Masters in Anti-Corruption Studies Programme in Kuala Lumpur.

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Going after corrupt firms the right decision

WALTER SANDOSAM

THE Merdeka anniversary celebrations are always a time to reminisce about the past and inevitably it also entails looking towards the future. 

As the country acknowledges its past, it has to recognise that all may not be as one intended. 

The rapid economic progress has bred the cancer of corruption.

The Prime Minister’s comment “I want to make corruption a part of Malaysia’s past, not its future” in “Corrupt firms in hot water” (The Star, Aug 31) appears at first glance to be wishful thinking, yet it is a serious statement of intent.

Is this an achievable vision? Are the correct signals being sent out to society at large which continues to harp on corruption?

For any vision to become reality it has to be supported by the necessary infrastructure to achieve results. Relevant laws have to be introduced or existing ones strengthened to allow for successful prosecutions.

The proposed corporate liability provision which penalises companies involved in corrupt practices sends out the right message.

It signals the death knell for corporations which indulge in these unhealthy activities.

The “big fish” are essentially fed by such corporations to whom ethics and good governance play second fiddle to the ultimate objective of increasing shareholder value.

In this manner, the demand and supply side which continue to propagate corruption will be dealt with simultaneously.

Those who speak the loudest on perceived corruption levels which are then translated into results of corruption perception indexes now have to begin to appreciate that the landscape has changed.

Both individuals as well as corporations could be hauled up to court.

The enforcement authorities are taking the offensive by improving their capabilities in forensic accounting to investigate those whose assets are not commensurate with their income levels.

These are the structural changes which will no doubt bear fruit.

The greater challenge is to change prevailing mindsets of company directors and business owners to whom corruption has become standard operating procedure.

Enactment of laws can be done at the stroke of a pen – changing cultural norms takes much more work but is not an insurmountable task.

Has the correct signal been sent to the corporate community?

The MACC has trained and emplaced certified integrity officers namely in government agencies and government-linked companies.

That again is an infrastructure enhancement initiative albeit an important one in the fight against corruption.

Mindset change has to permeate to the operating level – the level that is the most prone to either receiving or accepting bribes.

It is a function of greed and not adequate remuneration. The greatest danger is if it is pervasive throughout the operating entity.

The regulators of companies operating in Malaysia should take the cue from the government’s stance on corruption to ensure that all directors have the correct mindset.

Mandatory training programmes for directors of public listed companies should include components that embrace ethics, integrity and governance.

There is a need for frameworks to buttress such initiatives. It is acknowledged that this is a long process but changing mindsets is a key ingredient if corruption is to be relegated to the annals of history.

Corporations which continue to operate unethically will be weeded out and have to face the law with regard to corruption.

Those who have participated in corporate integrity pledge exercises and regarded these as merely public relations exercises devoid of any commitment to anti-corruption principles should now be wary of the consequences under the corporate liability provisions.

It is the responsibility of business owners and directors to ensure that correct ethical values cascade to all levels of the company.

Integrity has to be a prerequisite disposition. Stakeholders at all levels of society have to take responsibility and not take the easy way out by blaming the operating environment or the enforcement authorities.

This is the way forward for a better Malaysia which is corruption free. It has to be a collective vision.

WALTER SANDOSAM

Kuala Lumpur

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Over 20 quizzed, 400 files scrutinised in Taib’s alleged corruption: MACC

by : Sin Chew Daily 1 July 2013

PUTRAJAYA, June 29 (Bernama) — More than 20 individuals have been questioned and 400 files scrutinised in the corruption case allegedly involving Sarawak Chief Minister Tan Sri Abdul Taib Mahmud to date, said the Malaysian Anti- Corruption Commission (MACC).

MACC Investigation Division Secretariat assistant commissioner Lim Bee Kean said the individuals were believed to be involved and cited in a Youtube video linked to the alleged case.

taib-mahmud

“Actually, investigations had been ongoing since June 2011, even before the video exposure,” she told a media conference at the MACC headquarters here today.

The video entitled,’Inside Malaysia’s Shadow State’ was allegedly a recording of a conversation between a personal investigator for a London-based non-governmental organisation, Global Witness and two of Taib’s cousins.

Lim said to expedite the investigation, a special team comprising 10 officers from the MACC, Attorney-General’s Chambers (AGC) and other agencies had been set up, and that the investigation report would be submitted to the AGC for further action.

She said once the investigation had been completed and a decision made by the public prosecutor, MACC’s Operations Assessment Panel (OAP) would be acknowledged on the status of the case.

“The OAP, an independent panel made up of individuals representing various professional backgrounds is tasked with ensuring transparency and impartiality in investigations carried out by the MACC, she said.

Lim said the MACC was also monitored by the Special Committee on Corruption, which comprised government and opposition state assemblymen and members of parliament.

She said the MACC conducted all the cases without fear or favour and in this regard, had received full cooperation from the individuals concerned including Taib.

“As in other cases prior to this one, the MACC will not divulge the investigation details, in accordance with Section 29(4) of the MACC Act 2009.

“As this case involves numerous documents and parties, the investigation will probably take time for the collection of evidence, statements and in light of new developments,” she said.

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Ties Between Interpol, MACC Very Strong, Says Interpol Chief

By Azman Ujang

KUALA LUMPUR, Feb 24 (Bernama) — Interpol, the world’s largest international police organisation which supports law enforcement agencies in 190 member countries, is working very closely with the Malaysian Anti-Corruption Commission (MACC) on the transfer and sharing of knowledge to combat corruption.

Interpol secretary-general Ronald K. Noble said: “For us, the cooperation between Interpol and MACC is very strong. We have the closest of cooperation in terms of investigative techniques that are used to expose corruption and on investigations where there are international elements involved.”

He was speaking to Bernama here on Thursday, at the end of a two-day conference organised by Interpol, Fifa, the world’s football governing body, Asian Football Confederation and MACC, to deal with match-fixing which afflicts world football.

The conference was held, following revelations two weeks ago that almost 700 matches worldwide, including Champions League ties and World Cup qualifiers, were targeted by gambling gangs.

Noble said the Interpol-MACC cooperation was further strengthened with the secondment of an MACC officer to the Interpol Secretariat in Lyon, France.

MACC Assistant Senior Commissioner Mohd Hafaz Nazar reported for duty as a Criminal Investigation Officer in May last year, on a two-year stint at the secretariat.

In addition, MACC Chief Commissioner Datuk Seri Abu Kassim Mohamed has been a member of the Interpol Group of Experts on Corruption for the past 12 years.

Among Abu Kassim’s notable contributions was the Manual of Best Practices for anti-corruption and asset recovery procedures.

Noble said it was really an ideal relationship and he always thought that “we have to try to get better, but right now, in terms of it being strong, it is very strong.”

On the next agenda in their cooperation, the Interpol chief said, from his perspective, he would like to develop course work, together with the MACC, that would allow e-learning to happen in Malaysia in combating corruption.

“This could be expanded regionally around the world. I think that’s the next step for Interpol and MACC, ” he said.

– BERNAMA

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Dirty money costs developing world $6 trln

By : Reuters

WASHINGTON: Crime, corruption and tax evasion have cost the developing world nearly $6 trillion over the past decade, and illicit funds keep growing, led by China, a financial watchdog group said in a new report.


China accounted for almost half of the $858.8 billion in dirty money that flowed into tax havens and Western banks in 2010, more than eight times the amounts for runner-ups Malaysia and Mexico. Total illicit outflows increased by 11 percent from the prior year, Global Financial Integrity, a Washington-based group that campaigns for financial accountability, said in its latest report released on Monday.

“Astronomical sums of dirty money continue to flow out of the developing world and into offshore tax havens and developed country banks,” said Raymond Baker, director of GFI.

“Developing countries are hemorrhaging more and more money at a time when rich and poor nations alike are struggling to spur economic growth. This report should be a wake-up call to world leaders that more must be done to address these harmful outflows,” he said.

All the countries in the top 10, which this year saw India, Nigeria, the Philippines and Nigeria join the ranks, face significant problems with corruption, and in most there are vast gaps between rich and poor citizens as well as internal security problems.

Leaders of the Group of 20 major economies increasingly are focusing on ways to crack down on money laundering, bank secrecy and tax loopholes to prevent funds stolen from public coffers or earned through criminal activity from depleting the budgets of developing countries. The sums are so huge that for every dollar in foreign direct aid, $10 leaves developing countries.

China lost $420.4 billion in 2010 and over the decade lost a total of $2.74 trillion. And its losses are steadily rising. In an October report, GFI said another $602 billion in illicit flows left China in 2011 for a total of $3.79 trillion between 2000-11.

However, the numbers in the latest report are not directly comparable with earlier data because GFI has updated its methodology, making the estimates somewhat more conservative. It measures illicit flows by calculating the difference between fund inflows from loans and net foreign direct investment, and the outflows from a country to pay for trade, cash transfers and other earnings.

Aware of the destabilizing impact of corrupt money, Chinese leaders are embarking on a crackdown. Outgoing President Hu Jintao recently warned corruption threatens to destroy the communist party and the state. In Russia, President Vladimir Putin last week also put the issue high on his agenda as citizen protests over corruption mount.

“Our report continues to demonstrate that the Chinese economy is a ticking time bomb,” said Dev Kar, GFI’s lead economist, who compiled the report. “The social, political and economic order in that country is not sustainable in the long run given such massive illicit outflows.”

Mexico lost $51.17 billion in illicit flows in 2010 for a total of $476 billion over the last decade, which does not even count the billions of dollars in bulk cash that probably left under organized crime and drug dealing. Malaysia, an export-dominated economy with a wealthy elite, lost $64.38 billion in 2010 and $285 billion cumulatively between 2001 and 2010, the report said.

Illicit financial flows have grown by 13.3 percent a year since 2001, robbing countries of wealth and benefiting a handful of corrupt leaders. Kar said the worsening picture over the past decade coincides with the globalization of finance and loosening of capital controls, changes that make it easier to transfer funds to Western banks and to tax havens.

“Until governance improves and measures to shrink the underground economy take hold, we will not see a sustained decline in illicit flows,” Kar said.

GFI called on world leaders to accelerate efforts to curtail the flow of dirty money by clamping down on secret bank accounts and ownership of shell companies; reforming customs and trade protocols so that export/import payments cannot be used to hide illegal fund transfers; requiring multinational companies to report their profits by country to prevent tax avoidance; and strongly enforcing anti money-laundering laws. reuters

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SIASATAN SPRM BEBAS DARIPADA CAMPURTANGAN MANA-MANA PIHAK

KUALA LUMPUR, 9 Nov (Bernama) — Semua penyiasatan oleh Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) adalah bebas daripada campur tangan mana-mana pihak, kata Pengerusi Panel Penilaian Operasi (PPO) SPRM Tan Sri Dr Hadenan Abdul Abdul Jalil.

Sehubungan itu, beliau bekata Menteri di Jabatan Perdana Menteri Datuk Seri Nazri Abdul Aziz pun tidak boleh campur tangan dalam urusan siasatan SPRM memandangkan semua hasil siasatan oleh SPRM akan dibentang kepada PPO untuk pandangan ahli-ahli panel.

“Hubungan SPRM dengan Menteri adalah beliau hanya bertanggungjawab untuk menjawab soalan berkaitan isu rasuah atau mengenai SPRM yang dikemukakan di Parlimen berdasarkan maklumat oleh SPRM,” katanya kepada Bernama hari ini.

Beliau menjelaskan PPO adalah satu daripada lima panel bebas yang ditubuh oleh SPRM tiga tahun lepas ekoran banyak tohmahan dan tuduhan ketika itu kononnya agensi itu tidak mempunyai kebebasan dan banyak kes ditutup sewenang-wenangnya.

Dr Hadenan berkata PPO yang dianggotai oleh kalangan profesional yang mempunyai integriti berkuasa untuk memberi keputusan muktamad sama ada sesuatu kes itu boleh ditutup atau tidak.

“Kami tidak dipengaruhi oleh mana-mana pihak. Saya selalu menyatakan bahawa panel ini bebas.

“Selama tiga tahun ini, kami telah membuat keputusan adakalanya tidak bersetuju dengan cadangan yang dikemukakan oleh SPRM dan juga Peguam Negara untuk kita menutup sesuatu kes. Tidak ada orang yang mengarahkan sama ada ia seorang menteri atau perdana menteri supaya pihak panel dalam menentukan sama ada kes itu hendak ditutup ataupun tidak,” katanya.

Beliau berkata hakikatnya ialah sejak tiga tahun beroperasi, PPO tidak pernah menghadapi isu campur tangan daripada pihak luar.

Dr Hadenan berkata menangani pencegahan rasuah di Malaysia banyak melibatkan pembetulan persepsi campur tangan pihak luar.

“Jadi saya berharaplah pada mereka yang mempunyai persepsi salah mengenai peranan ini, saya memperbetulkan bahawa kami bebas,” katanya.

Merujuk kepada kecenderungan pihak pembangkang untuk mempolitikkan isu rasuah, beliau menggesa semua pihak supaya menghentikan perbuatan itu memandangkan usaha pencegahan rasuah bukan sahaja menghendaki kerja kuat oleh SPRM tetapi komitmen daripada semua pihak rakyat, ahli politik dan pertubuhan bukan kerajaan.

“Suatu pihak sahaja tidak boleh dipertanggungjawab sepenuhnya dalam pencegahan rasuah.

“Ahli politik mempunyai peranan untuk dimainkan, begitu juga rakyat.

“Kalau kita hendak mengatasi isu-isu berkaitan rasuah…kalaulah semua orang berpandangan lurus, tidak mempunyai niat-niat terselindung dan tidak mempunyai tanggapan yang salah, saya rasa SPRM lebih mudah menjalankan kerjanya,” katanya.

– BERNAMA

MACC Investigations Free Of Interference – PPO

KUALA LUMPUR, Nov 9 (Bernama) — All investigations by the Malaysian Anti-Corruption Commission (MACC) are free of interference, said its Operation Evaluation Panel (PPO) chairman Tan Sri Dr Hadenan Abdul Abdul Jalil.

He said even Minister in the Prime Minister’s Department Datuk Seri Nazri Abdul Aziz could not interfere in investigations by the MACC as the results were submitted to the PPO for its views.

“The minister only answers questions on corruption or MACC submitted in parliament based on information furnished by MACC,” he told Bernama today.

He said the PPO was one of five independent panels set up by MACC three years ago after allegations were hurled that the MACC was not independent and cases were arbitarily closed.

The PPO, which comprises professionals with integrity, was empowered to decide whether a case could be closed or otherwise, he said.

– BERNAMA
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The Sixth Annual Conference and General Meeting of the International Association of Anti-Corruption Authorities Kuala Lumpur, Malaysia, 4th – 7th October 2012 Kuala Lumpur Declaration

We, the representatives of Anti-Corruption Authorities of 111 Member States of the United Nations and regions and of 12 International Organizations, gathered in Kuala Lumpur, Malaysia, for the Sixth Annual Conference and General Meeting of the International Association of Anti-Corruption Authorities (IAACA) devoted to “Technical Assistance and Information Exchange” (Chapter VI of United Nations Convention Against Corruption – UNCAC):

 

Recalling United Nations General Assembly Resolution 58/4, by which the Assembly adopted the UNCAC and established International Anti-Corruption Day as the 9th of December each year,

Recalling also all relevant United Nations General Assembly and Economic and Social Council Resolutions calling for the expeditious ratification and full implementation of the UNCAC,

Recalling further our Beijing, Bali, Kiev, Macao and Marrakech Declarations, as well as the recommendations made by the side-event of the Conference of the States Parties to the UNCAC (CoSP) held in Amman and co-organized by United Nations Office on Drugs and Crime (UNODC) and IAACA,

Aware of the importance of the Resolutions adopted by the CoSP, at its First, Second, Third and Fourth sessions held respectively at Amman, Nusa Dua, Doha and Marrakech,

Convinced that relevant government agencies, civil society and relevant professional organizations can individually and collectively make significant contributions to the effective implementation of the UNCAC,

1.        Express our gratitude to the Malaysian Anti-Corruption Commission, for hosting the Sixth Annual Conference and General Meeting of IAACA, as well as our deepest appreciation to the Government and People of Malaysia for their warm hospitality;

2.        Extend our appreciation to the Government of Tanzania and in particular the Prevention and Combating of Corruption Bureau for hosting the Executive Committee meeting of the IAACA held in Arusha from 30 March to 1 April 2012;

3.        Recognize and affirm the importance of affording technical assistance, including material support, training, relevant experience and specialized knowledge to meet the individual needs of States Parties for the effective implementation of the UNCAC, and to become an integral part of the overall effort in fighting corruption;

4.        Reiterate the importance of compliance by States Parties with the provisions contained in Chapter VI of UNCAC of affording country-led and country-based, integrated and coordinated technical assistance, especially with regard to technical assistance to meet the needs identified by States Parties through the Implementation Review Mechanism of the UNCAC;

5.        Urge States Parties to accord high priority to meeting technical assistance requirements identified and prioritized in their responses to the comprehensive self-assessment checklists and the country reports;

6.        Encourage States Parties to initiate, develop or improve specific training programmes on preventing and combating corruption to improve law enforcement skills for competent officials;

7.        Urge States Parties to afford one another the widest measure of support, including training, exchange of relevant experience and specialized knowledge to facilitate international cooperation in line with the relevant UNCAC’s provisions;

8.        Pledge our full support to help States Parties identify and substantiate specific needs for technical assistance, and to promote and facilitate the provision of such assistance to fill the identified gaps;

9.        Strongly encourage UNODC to continue to provide developing countries and countries with economies in transition, upon request and in response to their specific requirements, a wide range of capacity building assistance, as well as direct expertise on policy formulation, through the Office’s thematic and regional programmes, and recommend that multilateral and bilateral providers of technical assistance include the objectives of the UNCAC as an integral part of their annual commitments and  increase the amount of resources devoted  to supporting developing countries to implement the Convention, in close cooperation with UNODC and IAACA;

10.      Call upon the Executive Committee to consider the needs of IAACA members, including proposing, overseeing and evaluating current  training-related activities, so as to help equip policy makers and practitioners with the requisite knowledge and skills in the fight against corruption, as set out in the Work Plan;

11.      Pledge our full support to the ongoing efforts and recommendations of the Open-ended Intergovernmental Working Group on Asset Recovery, established to advise and assist the CoSP in the implementation of its mandate on the return of proceeds of corruption, in developing cumulative knowledge, encouraging cooperation, facilitating the exchange of information and identifying capacity building needs, and look forward to the implementation of its multi-year work plan relating to asset recovery, covering the period 2012 – 2015;

12.      Recognize the continuing and valuable role of the joint UNODC and World Bank StAR (Stolen Asset Recovery) Initiative as a driving force in the asset recovery agenda, and call upon States Parties to continue to actively support the Initiative in its work;

13.      Welcome with satisfaction the fact that 161 countries have ratified or acceded to the UNCAC and urge the Governments of those countries that have not yet done so to move swiftly and with conviction to ratify or accede to the Convention, in order to achieve the goal of universal adherence to the Convention;

14.      Welcome with appreciation the important decisions of the CoSP in its four sessions held to date, and look forward to further progress in the implementation of its mandate through its Fifth session, to be held in Panama in 2013;

15.      Commend UNODC for its exceptional work and commitment in serving as the Secretariat of the CoSP and its subsidiary bodies and in implementing the Resolutions of the CoSP, including its efforts towards the effective delivery of technical assistance;

16.      Underline the importance of the role of the CoSP in monitoring the implementation of the Convention and reiterate our call to the Executive Committee of IAACA, in consultation with the Secretariat of the CoSP, to seek appropriate ways to establish closer collaboration between IAACA and the CoSP in order to enhance the involvement and contribution of IAACA and its members in properly and effectively implementing the recommendations made by the CoSP;

17.      Look forward to the outcome of the Implementation Review Mechanism of the UNCAC, and call upon the Executive Committee of IAACA to encourage sharing of the experience gained by its members in the review process;

18.     Reiterate our call upon all Member States to institute relevant reforms that promote professionalism and effectiveness of anti-corruption authorities in preventing and combating corruption, the independence and integrity of the judiciary, the prevention of conflict of interest in public office, freedom of access to information, and transparency and accountability in public administration, as well as to ensure and preserve the full independence of all relevant anti-corruption authorities; and in this context, welcome with appreciation and commend the achievements of the network European Partners against Corruption (EPAC/EACN) in unanimously adopting Universal Principles and Standards for Anti-Corruption Authorities and encourage all Members States to take favourable note of them and translate them into reality;

19.      Urge anti-corruption authorities to proactively promote with their respective Governments and legislative bodies the development and implementation of appropriate programmes of work in order to maintain, sustain and strengthen the momentum generated by the UNCAC, and to devote continued attention to both their vital preventive role and crucial law enforcement functions, as applicable, which are fundamental for the practical and effective application of all the relevant provisions of the UNCAC and for enhanced international cooperation;

20.     Urge Member States as well as relevant international organizations and financial institutions, on the basis of the principle of shared responsibility and collective global action, to consider providing additional resources to support such efforts, including by contributing to the UNODC special account a percentage of the money or of the corresponding value of proceeds of crime or property confiscated in accordance with the provisions of UNCAC, in line with Article 62 (c) of the Convention;

21.      Express our deepest appreciation to all relevant international and professional associations, Intergovernmental and Nongovenmental organizations, civil society and the media for raising public awareness of UNCAC and the destructive effect of corruption in its many and varied forms, by extending their continuing support and cooperation to IAACA and to the CoSP, and underscore the importance of protection of witnesses, experts, victims, prosecutors, judges and those other persons engaged in the fight against corruption;

22.      Express also our appreciation to the Executive Committee for implementing the initiatives agreed upon in the Work Plan, which resulted in the identification of new avenues for enhanced international cooperation  in the fight against corruption, generating also a number of new and innovative ideas in our anti-corruption awareness campaigns  and networking platform, and request the Executive Committee to devote sufficient resources to ensure that the Work Plan is implemented in an effective, structured and sustained manner;

23.      Welcome with appreciation and commend the launch by the International Anti-Corruption Academy (IACA) of the first international and inter-disciplinary Master programme in Anti-Corruption Studies, designed for working professionals of all sectors of society who wish to remain fully employed while pursuing their degree and designed to further empower them in their important anti-corruption work, invite all Member States to send participants and consider taking over scholarships for participants from LDCs; and encourage enhanced cooperation between IAACA, IACA, all member countries, the Malaysian Anticorruption Academy (MACA) and other regional and national training institutions, by sharing knowledge, expertise and best practices as well as by developing curricula for joint training activities, and by doing so taking into account the results of the review mechanism of the UNCAC;

24.      Extend our appreciation and commend the efforts of the Independent Commission Against Corruption, Hong Kong Special Administrative Region, People’s Republic of China for hosting the International Anti-Corruption Public Service Announcement Video Competition and Workshop in Hong Kong in December 2011, attracting 29 contesting entries from anti-graft bodies and law enforcement agencies of 21 countries and places, also  acknowledging with great gratitude the support or pledges of other countries like Brazil and India in carrying out some other joint activities included in the Work Plan;

25.      Welcome with great satisfaction the important contributions and joint initiatives of IAACA Members already generated by the Work Plan, and strongly encourage other Members to become fully involved in its further implementation, by contributing suggestions or undertaking initiatives, whether individually or jointly with other Members and in close collaboration with the IAACA Secretariat, with a view to supporting  IAACA in realizing the ultimate goal of the Association in promoting the effective implementation of the UNCAC;

26.      Extend our appreciation to the People’s Republic of China for hosting, and commend the efforts of the Supreme People’s Procuratorate for the successful conduct of the training seminar organized by IAACA in Dalian in June 2012, which was attended by 420 participants from 81 countries, as well as for its continuous support for organizing and hosting such training seminars, and encourage other IAACA Members to hold similar training events not only regionally or subregionally but also at the national level;

27.      Appreciate the stewardship and direction shown by the founding and incumbent Presidents of the Association in continuously fostering cooperation and partnership among anti-corruption authorities and with relevant international, regional and national organizations and institutions in furtherance of the anti-corruption cause, and commend the Secretariat for providing energetic and highly professional support to the work of the Association; and

28.      Decide that the text of this Declaration be widely circulated by the relevant anti-corruption authorities in their respective countries and that it should be submitted to the CoSP, in addition to the United Nations General Assembly and other relevant bodies of the United Nations.

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