Posts Tagged Anti-Corruption
Tunku Abdul Aziz Tunku Ibrahim today said it was unfair and ridiculous for Transparency International President Jose Ugaz to say that Malaysia was facing a corruption crisis and a failed state.
“It is an unfair comment to make. Transparency International has been ill-advised,” said the Anti-Corruption Advisory Board Chariman.
Tunku Aziz Furious of TI Chairman Opening Speech for the 16th IACC (watch video here)
He refuted Ugaz’s statement, saying one unsolved case that had been “haunting Malaysia” does not prove that the country is in a crisis.
Ugaz, in his speech at the 16th International Anti-Corruption Conference (IACC) said Malaysia is facing a corruption crisis following the unanswered allegations of the RM2.6 billion “donation” which was allegedly transferred into Prime Minister Datuk Seri Najib Razak’s personal bank account.
“The speech made by the President of Transparency International (yesterday), where he repeated the charge that Malaysia is in a corruption crisis; I think that this statement is ill-advised; it was an ill-informed statement,” he said.
Tunku Aziz stressed that the Malaysian Anti-Corruption Commission (MACC) was, and is still investigating the case, adding that it was important to let the authorities complete their investigations, according to the law.
“I understand the case involves a huge amount but a proper and thorough investigation needs to be done before action can be taken. Why can’t they wait until the investigation is completed?” he asked.
Tunku Aziz said Ugaz’s sweeping statement was totally unacceptable and demanded an explanantion.
“If (the Prime Minister Datuk Seri) Najib (Tun Razak) is guilty and if the law says he should be hanged, then go ahead and do that, but I want to emphasise here that we are governed by the rule of law in this country. That is the basis of our legal system and civilisation,” said Tunku Aziz, adding that we should not allow emotions to get into the way of justice.
Over the years, Tunku said MACC, under the Government Transformation Programme, had undergone tremendous changes.
This can be seen from the conviction rates of cases, as well as the resources that have been made available to MACC to bolster the commission’s performance.
“MACC in the current situation, is as independent as you can get. There are independent oversight panels that look into its performance.
“I hope this incident will not be repeated,” he added.
KUALA LUMPUR, 8 June – Kevin Anthony Morais, the Malaysian Anti-Corruption Commission (MACC)’s deputy public prosecutor, today stressed that issuance of notices against lawyer Datuk Rosli Dahlan were done according to the law.
Testifying at the High Court here today, Morais said that he still had valid grounds to issue the notices.
Denying that the notices had been issued for improper motives, he insisted:
“They were issued based on investigations and accordance to the law.”
Anti-Corruption Agency (ACA) was upgraded as MACC, an independent Commission in 2009.
Morais added that he had reason to believe that a crime had been committed under Section 11(a) of the then Anti-Corruption Act 1997 based on investigations carried out by investigating officer Saiful Ezral Ariffin.
Section 11(a) provides that any agent who corruptly accepts or obtains any gratification as an inducement or a reward for doing any act in relation to his principal’s affairs or business commits an offence.
Morais, former Deputy Director of MACC’s Legal and Prosecution Division claimed that he issued the notices premised on that suspicion.
Denying that the notices had been issued for improper motives, Morais as quoted by Free Malaysia Today insisted, “They were issued based on investigations and accordance to the law.”
Rosli had been charged in the Sessions Court in October 2007 for allegedly failing to declare his assets pursuant to notices dated July 17, 2007 and August 16, 2007 issued by Morais.
He was, however, acquitted in December 2010 without his defence being called.
Morais acknowledged that Sessions Court judge Abu Bakar Katar had rejected the reasons given by him for the issuance of the notice.
He also admitted the notices issued to Rosli and Datuk Ramli Yusoff, former Bukit Aman Commercial Crime Investigation Department Director, were inter-connected and that Judge M Gunalan had found that he had issued the notices “under strange circumstances in that it was based purely on the unsubstantiated and unsupported allegations by a complainant with dubious character having antecedents.”
“I was informed by the prosecutor who handled the case that the judge did not accept my reasons for issuing the notices,” Morais testified during cross-examination, “but I do not agree”.
Denying that the notices had been issued for improper motives, Morais insisted, “They were issued based on investigations and accordance to the law.”
He added that he had reason to believe that a crime had been committed under Section 11(a) of the then Anti-Corruption Act 1997 based on investigations carried out by investigating officer Saiful Ezral Ariffin.
Section 11(a) provides that any agent who corruptly accepts or obtains any gratification as an inducement or a reward for doing any act in relation to his principal’s affairs or business commits an offence.
He needed to declare his assets to enable the Anti-Corruption Agency to investigate whether he held any assets for Ramli, Morais said.
“However, in (Rosli’s) written reply, he did not comply with the orders but instead gave his opinions and raised questions on the matter,” he said.
The trial continues on Tuesday, June 9, 2015.
White collar criminal investigations take time. Corruption investigations are no different.
Everyone expected UK Bribery enforcement to quickly increase and cause complex headaches for companies operating in the global marketplace. Looking back, many of us knew that without political support and resources, UK Bribery Act enforcement was destined to be a dud.
No one would have expected for Canada to rise from the ashes, like a phoenix, and enter the global enforcement picture. For years, Canada was criticized for its lack of enforcement. Canada enacted a statute similar to the FCPA but with some glaring omissions – no books and records requirement and a stringent jurisdiction requirement.
The Royal Canadian Mountain Police assigned more resources to investigate corruption. Canada fixed its anti-corruption statute, Corruption of Foreign Public Officials Act (CFPOA) last year and increased criminal penalties.
Canada’s efforts are starting to bear fruit — not because prosecutors obtained the first criminal conviction and jail sentence under the CFPOA, but because Canada issues three new arrest warrants, including two foreign US nationals, charging them with violations of the FCPOA. They include the former Crytometrics CEO and COO for payment of $450,000 in cash and shared to Air India and Civil Aviation authorities in India to secure a $100 million government contract for facial recognition software.
Nazir Karigar, the first person convicted under the CFPOA was sentenced to three years imprisonment for his role in the same scheme.
The Canadian judge who sentenced Karigar made it clear that Canada was going to enforce the CFPOA and jail sentences would be handed out.
Canada’s sudden appearance on the global anti-corruption includes an important message – foreign nationals working for Canadian companies will be prosecuted. That is a very serious message.
For companies operating in the global marketplace subject to the CFPOA and FCPA, the possible nightmare scenario can occur where one act of bribery could be prosecuted by multiple enforcement agencies, including the RCMP, the FBI and the Serious Fraud Office in the UK. Plea negotiations can extend across the ocean and north of the US border raising the stakes on corruption enforcement.
The US Department of Justice has shown willingness to take into account it its settlement negotiations the parallel resolution of cases in other jurisdictions (E.g. Germany) but that willingness may become less cooperative as more enforcement agencies and countries get into the act.
For now, global enforcement risks continue to rise – China has shown a willingness to prosecute foreign nationals and now Canada has done the same. The list will continue to grow and the concomitant risks for multinational companies.
Multiple enforcement agencies mean multiplicity of risks and of foreign legal regimes. Enforcement agencies use country-specific rules and regulations – navigating these practices across jurisdictions means more difficulties, more lawyers and more possibilities of inconsistent results. In the end this means more headaches.
Companies have to take account of the CFPOA – compliance has become even more important along with appropriate training and awareness of enforcement policies and procedures. The FCPA has been the driving force in the global battle against corruption – Canada has now added a new wrinkle to this movement.
PANAMA CITY – The 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.
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:
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.
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.
4 September 2013
Bertolak daripada pandangan saya minggu lalu, tulisan kali juga memfokus keperluan kita menjauhi rasuah. Rasuah perlu diperangi. Perang ini memerlukan pendekatan dan strategi holistik.
Sehari sebelum kita menyambut Hari Kemerdekaan Ke-56, Perdana Menteri Datuk Seri Najib Tun Razak dalam ucapannya ada menyebut empat perkara penting, yang berkait satu sama lain, yang harus kita renung bersama. Salah satu perkara itu membawa maksud dan hasrat yang sama, yang pernah dilontarkan oleh Tunku Abdul Rahman.
Kerajaan sekali lagi mengulangi komitmen untuk memerangi rasuah. Pada majlis penutupan Program Etika Melatih Jurulatih Majlis Kerjasama Ekonomi Asia Pasifik di ibu negara Jumaat lalu, Najib antara lain berkata, “saya mahu menjadikan rasuah sebagai sejarah di Malaysia, dan tidak berlaku lagi pada masa depan.”
Dalam ucapannya, Najib juga berkongsi pengiktirafan Pejabat Pertubuhan Bangsa- Bangsa Bersatu Mengenai Dadah dan Jenayah (UNODC) terhadap penegasan SPRM dalam membanteras rasuah. Pengiktirafan itu jelas menunjukkan pihak masyarakat antarabangsa mengiktiraf ketelusan dan kebebasan SPRM.
Penegasan Najib itu juga selari dengan usaha-usaha kerajaan selama ini termasuk mewujudkan tadbir urus serta portfolio integriti dalam Kabinet yang bertindak menyelia hal-hal berkaitan integriti dan ketelusan selain memerangi rasuah dalam bidang korporat. Kerajaan juga telah mewujudkan Jawatankuasa Keutuhan Pengurusan bagi memantapkan pengurusan di sektor kerajaan dan baru-baru ini memutuskan untuk mewajibkan penubuhan Unit Integriti di setiap agensi kerajaan, yang bertanggungjawab melaksanakan enam fungsi teras iaitu tadbir urus, pengukuhan integriti, pengesanan dan pengesahan, pengurusan aduan, pematuhan dan tatatertib.
“Dengan taraf agensi antirasuah (SPRM) yang diangkat kepada status sebuah suruhanjaya bebas, dengan mekanisme kawal selia sendiri, adalah satu contoh terbaik. Walaupun kita belajar daripada amalan terbaik di peringkat antarabangsa, SPRM telah ………………
Sila baca lanjut Artikel Penuh: http://www.utusan.com.my/utusan/Rencana/20130904/re_06/Global-iktiraf-iltizam-kubur-rasuah#ixzz2dsO3cGh1
People have the power to question mischievous officials
by : M. KRISHNAMOORTHY from Petaling Jaya
We always seem to ask what the MalaysianAntiCorruptionCommission (MACC) or the Government is doing tofight corruption while not realising that therewe can take steps on our own. Yes, it is time the man on the street realises that he can take the bull by the horns and demand for justice and efficiency.
However, before embarking on such a mission, it is important to be clear on your rights and know the facts. Let me give you an example of how I used this doityourself approach to help a friendrenew his business licence.
Recently, an engineer friend of mine told me that he had applied for a business licence renewal through a runner as he did not have the time to go through the process personally. However, after eight weeks, there was still no news, and’his wife, who ran the business, was afraid that they would be operating without the licence.
According to my friend, the runner had told him that the delay was because no “undertable” payment had been made to expedite the renewal process. However, the engineer felt this was unnecessary as it was just a simple renewal. “I am afraid that if I make a fuss, I might be penalised by the council.
“According to my runner, the officials in question would not settle for anything less than RM500,” my friend told me when he appealed for my help, knowing that I had assisted other friends in similar situations.
As I am a firm believer in two principles —
“Love all, serve all” and “Service to man is service to God” 1 could not refuse and followed the engineer to the licensing office. At the counter, I asked why the renewal had taken more than two months when it would normally take less than two weeks.
I also raised my voice and asked the receptionist, “One runner told me you want some extra money before approving the application. Is this true?” The receptionist denied that any such request had been made, and I further queried why it
had taken so long, especially since Prime Minister, Datuk Seri Najib Tun Razak had called on public servants to respond to complaints within three days. The receptionist said she would check on the matter and returned 10 minutes later, saying that she could not locate the original application.
Since 1 had feared this would happen, 1 was prepared and told her that we had all the paperwork with us. She filed our application and said the authorities would make an appointment to inspect the premises within a week to ensure compliance
with the conditions of the licence.
My friend and I were happy as we thought that the problem had been solved. However, the following day, the engineer told me that his runner had said certain officials were asking for kickbacks before issuing any approval. I immediately told him that we would be visiting the council again.
This time, I did not mince my words as I said to the clerk, “Do you need any extra money for the approval? “If you do, please tell me who wants it and I will report the name to your superiors!” The clerk insisted that no extra “payment” was required and introduced us to another officer.
“We will not have to come to your premises for an inspection and your application has been approved. If you wait for a short while, we will give you the new licence,” the new officer told us. Within 15 minutes, my friend’s licence was renewed, at no extra cost While it may seem like a small victory, it contains lessons for everyone on how to tackle corruption.
We should take the initiative to question the authorities if there is any delay. We must know the deadlines set out in the authority’s client charter and use this as an indication of untoward delays.
At the end of the day, all government departments carry out their own internal audits and if we, as consumers, highlight our difficulties, any wrongdoing will come to light, providing a check in the system. We must be brave and willing to question the authorities.
We must be proactive and take the initiative to ensure that we do not fall for underhanded dealings. It is because of fear that we become victims of corruption.
So, pick up you courage, know your rights and the facts and question the authorities in your own personal fight against corruption.
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.
Source : Bernama
KUALA LUMPUR – Interpol is working very closely with the Malaysian Anti-Corruption Commission (MACC) on the transfer and sharing of knowledge to combat corruption.
“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,” said Interpol secretary-general Ronald K. Noble.
Interpol is the world’s largest international police organisation which supports law enforcement agencies in 190 member countries.
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 the 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 syndicates.
Noble said the Interpol-MACC cooperation was further strengthened with the secondment of an MACC officer to the Interpol Secre-tariat 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.
Among Abu Kassim’s notable contributions was the Manual of Best Practices for anti-corruption and asset recovery procedures.
Noble hoped the next agenda of the cooperation would be to develop course work allowing for e-learning 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
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.
IAACA President & Prosecutor-General of Supreme People’s Procuratorate of the People’s Republic of China
The Following text were the speech of IAACA President, Prof. Cao Jianming during the Opening Ceremony of the 6th IAACA Annual Conference and General Meeting, Kuala Lumpur;
Your Excellency Mr. Dato’ Sri Mohd Najib bin Tun Abd Razak, Prime Minister of Malaysia,
Respected Mr. Dato’ Sri Abu Kassim bin Mohamed, Chief Commissioner of Malaysian Anti-Corruption Commission,
Ladies and Gentlemen,
It is my great pleasure to join all of you in attending the Sixth IAACA Annual Conference and General Meeting held in the beautiful city of Kuala Lumpur. The Malaysian Government has attached great importance to this conference and Prime Minister Najib Tun Razak has taken time out of his busy schedule to attend and address this meeting. Here, on behalf of IAACA (International Association of Anti-Corruption Authorities), I wish to express my heartfelt thanks to Prime Minister Najib Tun Razak for his presence and to the Malaysian Anti-Corruption Commission for organizing this conference!
It is gratifying to see that, since the last annual conference and thanks to vigorous efforts of IAACA, exchanges and cooperation between anti-corruption authorities in all countries and regions have been deepened, and new progress has been made in promoting the implementation of the UNCAC (United Nations Convention against Corruption) and the in-depth development of international anti-corruption cooperation. In the past year, IAACA was highly productive in its work, especially in hosting the following major activities:
Firstly, the Fifth IAACA Annual Conference and General Meeting were held in Marrakech, Morocco in October 2011. Nearly 400 participants from 85 countries and regions attended the conference, including prosecutors-general, attorneys general, ministers of supervision, heads of anti-corruption authorities and representatives of 9 international organizations. The conference made an in-depth discussion on the prevention and investigation for transfer of proceeds of offences, the mechanism of direct asset recovery, the international cooperation in asset recovery, forfeiture of assets, asset disposal and asset return, as well as closer bilateral and multilateral cooperation in asset recovery, issued the IAACA Marrakech Declaration, which was well received by the international community after IAACA Secretariat submitted it to the Conference of States Parties to UNCAC and relevant UN agencies and promoted it among all member countries. The conference also adopted the IAACA Work Plan which laid a good foundation for the sustainable development of IAACA.
Secondly, IAACA and ICAC (the Independent Commission against Corruption) HongKong jointly held the First International Anti-Corruption Public Service Announcement Video Competition and Seminar in Hong Kong in December 2011. Over 200 participants from 33 countries and regions took part in the seminar, and 29 anti-corruption videos were presented in the competition. It has actively promoted exchanges and experience-sharing among anti-corruption authorities of all countries and regions and improved the use of media for anti-corruption awareness campaign.
Thirdly, the spring meeting of IAACA Executive Committee was held in Arusha, Tanzania in March 2012. It was attended by representatives from 20 countries and regions, including executive members, observers and representatives of relevant international organizations. The meeting reviewed and evaluated the IAACA Working Report last year and put forward constructive suggestions for the work and activities this year. Discussions were held on the review mechanism for implementation of UNCAC, and adopted the Proposal on Promotion of IAACA International Anti-Corruption Public Service Announcement Videos , the Proposal on the Sixth IAACA Annual Conference and General Meeting and the Proposal on Holding IAACA Seminar in Dalian, China.
Fourthly, the Fourth IAACA Seminar was held in Dalian, China in June 2012. A total of over 400 judicial officials, experts and scholars from over 80 countries and regions took part in the seminar. They gave comprehensive reports on the anti-corruption legislation and work in their respective countries and regions, the international cooperation on asset recovery and the difficulties and problems involved. They had in-depth discussions and shared experience on how to effectively prevent, monitor and investigate transfer of assets across jurisdictions, freezing, forfeiture, seizure, recovery and return of assets. The seminar has improved the work capacity of anti-corruption authorities of all countries and regions and the international anti-corruption cooperation.
These achievements would have been impossible without active participation of all members, especially the executive members. Here, on behalf of IAACA, I wish to express sincere thanks to all executive members and members, especially Mr. Abdesselam Aboudrar, Chairman of the Central Authority for Corruption Prevention of the Kingdom of Morocco, Mr. Timothy Tong, former Commissioner of ICAC HongKong, Dr. Edward G.Hoseah, Director General of PCCB (The Prevention and Combating of Corruption Bureau) of the United Republic of Tanzania, People’s Procuratorate of Liaoning Province and Dalian of P.R.China for their great support.
Ladies and Gentlemen,
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 system, 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, mutual benefit and win-win cooperation, deepen our cooperation and mutual support to jointly fight and prevent transnational corruption crimes. This conference takes “Technical Assistance and Information Exchange” as the theme and focuses on discussions on “The Need for Intelligence-Led Policing in the Investigation and Prevention of Corrupt Practices”, “Denial of Safe Havens: Core Elements & Strategies”, “Income & Asset Declarations”,”Capacity Building: The Importance of Technical Assistance”, “Proactive Investigation: Staying Ahead”,”Performance Accountability & Integrity in Government Administuative and Business Practices”,”International Recovery of III-Gotten Assets: Case Histories”,”The Role of Prosecutors and Judiciary in Combating Corruption”, which is of important practical significance.I wish to put forward the following points for our discussion:
First, strengthen dialogue and information exchange, and share experience and achievements in anti-corruption. The anti-corruption, procuratorate and judicial authorities of all countries and regions should, in the form of high-level visits, regular seminars, personnel training and academic exchange, strengthen their dialogue and information exchange to enhance mutual understanding and mutual trust. We should make full use of the IAACA platform and actively participate in the IAACA annual conferences, general meetings and seminars, so as to exchange experience in fighting and preventing corruption and promote international cooperation in anti-corruption.
Second, implement the measures of technical assistance to promote balanced development of anti-corruption work. We should earnestly implement the provisions on technical assistance under the Convention, strengthen technical assistance for developing countries, provide them with extensive assistance, including financial contribution, material support and training, and assist developing countries in improving anti-corruption legislation and working mechanism to improve their capability to fight and prevent corruption crimes.
Third, strengthen international cooperation and enhance the level of fighting and preventing corruption crimes. We should take full advantage of the regional or international conferences, seminar mechanisms, and bilateral or multilateral treaties or arrangements, to strengthen information exchange and technical assistance, actively carry out anti-corruption cooperation and training activities, and train all kinds of anti-corruption personnel; and IAACA should, on the basis of the Work Plan, conduct closer cooperation with those anti-corruption authorities with rich experiences and strong work capabilities, as well as relevant international organizations, organize more trainings and seminars with more specialized knowledge, more diversified forms and richer contents, to provide better service and support for member states.
Ladies and Gentlemen,
Creating an international community of harmony, stability and integrity requires common efforts of all countries and regions. We should, on the basis of mutual respect, adopt a more proactive and open attitude towards cooperation and explore more pragmatic and effective modes for cooperation, so as to promote the development of anti-corruption technical assistance and information exchange. I sincerely hope that all participants can take the opportunity of this conference to enhance mutual understanding, expand common ground in exchanges and develop friendship in cooperation. Together, we will make great contribution to the sound development of the international anti-corruption cause.