audit to detect fraud and corruption: evaluation of the fight against corruption and money...
TRANSCRIPT
AUDIT TO DETECT FRAUD AND CORRUPTION:EVALUATION OF THE FIGHT AGAINST CORRUPTION AND
MONEY LAUNDERING
Atty. ALEXANDER B. JULIANODirector – Fraud Audit Office
Commission on Audit - Philippines
The 10th ASOSAI Research Project
Assessment of Current Situation of Anti-Corruption in the Philippines
The Philippines Anti-corruption Strategy
Stand-alone anti-corruption program or anti-corruption strategy
The Philippines Anti-corruption Strategy
Umbrella document with separate programs for sectors or ministries
Inter-agency Anti-Graft Coordinating Council
The Philippines Anti-corruption Strategy
• Section in another policy document, e.g. national development or investment program• Strategies are embodied in Anti-
corruption Laws• Specific laws, courts, and
prosecutors dedicated to government anti-corruption
CHAPTERS IN THE ANTI-CORRUPTION DOCUMENT
• Background chapters• Level of implementation of previous strategy• Objectives and priority areas• Chapters on prevention and criminalisation /
law-enforcement measures• Public participation/education• Monitoring and assessment mechanism and
criteria
ACTION PLAN
The anti-corruption strategy has an action plan embodied in the Anti-Corruption Laws
ELEMENTS OF THE ANTI-CORRUPTION ACTION PLAN
• General objectives• Specific measures• Specific institutions• Time-frame• Criteria for assessing implementation• Budget specially allocated• Institution responsible
PUBLICATION
The anti-corruption documents and action plans are published
MEASURES EMPLOYED IN FIGHTING CORRUPTION
• Open and transparency in the operation of agencies• Development and implementation of entitlements, norms and
standards• Administrative reform• Development and enforcement of the code of conduct and
the code of professional ethics • Penalty forms to heads of the agencies in case of occurrence
of corruption• Salary payment via bank account• Declaration of assets and income• Regulation of returning gift by the public officials• Whistle blowing and prohibition of acceptance of
gift/donation
ANTI-CORRUPTION AGENCIES
• The Office of the Ombudsman• Department of Justice• The National Bureau of Investigation
• The Commission on Audit
MAIN RESPONSIBILITIES/FUNCTIONS OF THE ACA
• Monitor and evaluate the implementation of the anti-corruption strategy
• Collect, centralize and exploit the denunciations• Conduct investigations • Disseminate knowledge on anti-corruption activities• Raise public awareness about the fight against corruption• Identify the causes of corruption and to propose to the
competent authorities of measures to help eliminate it• Draw a risk map of corruption in the country• Anti-corruption screening of legal acts• Research and analysis on corruption• Keep a database on the statistics regarding cases of corruption
year by years• Research and analysis on conflict of interest in the public
management
RE-EVALUATION OF BODIES/ AREAS/ ACTIVITIES HAVING HIGH RISK OF
CORRUPTION
The ACAs regularly re-evaluate the bodies, areas and activities with high risk of corruption in order to employ appropriate measures to mitigate corruption
The ACAs have a hotline and website in order to facilitate citizens’ complaint on corruption.
CRIMINALIZATION OF DIFFERENT TYPES OF CORRUPTION
• Special Law• Criminal Law
NEED TO ENACT NEW LEGISLATION
• Abuse of position/power• Influence peddling• Kickback• Nepotism• Political dynasty
RANKING OF CORRUPTION MEASURES
1 Preventive policies and measure2 Detective actions3 Punitive measure
LAWS AND REGULATIONS GOVERNING THE FINANCING OF POLITICAL PARTIES
The Omnibus Election Code
The Philippines have laws and regulations governing code of ethics of and declaration of assets by public officials
The Philippines has “accounting and auditing standards” for both public and private sectors
Our public officials have legal obligation to report corruption-related offence
IMPLEMENTATION RATE OF THE RULES/REGULATION IN COMBATING
CORRUPTIONS
Very poor Poor Fair
1 2 1
THE PHILIPPINES HAS RATIFIED UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC)
Memorandum of Implementation signed on June 14, 2013
The Philippines has begun the UNCAC peer review process
The Philippines is a member of anti-corruption conventions, initiatives or international project (OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; GRECO etc.)
Yes
3
SUCCESS LEVEL OF INTERNATIONAL COOPERATION
ExtraditionMutual legal assistance
Asset recovery
Cooperation with law
enforcement authorities
Cooperation between national
authorities
Moderate Moderate Low High Moderate
EFFECT OF MEDIA IN FIGHTING CORRUPTION
• To some extent, media have helped public to recognize the real situation of corruption, however the provided information are sometimes inaccurate and subjective
SOCIETY’S PARTICIPATION IN TACKLING CORRUPTION
Actively but not effectively
PRESENT LEVEL OF ANTI-CORRUPTION EFFORTS COMPARED TO
PAST YEARS EXPERIENCE
About the same as past years
PARTICIPANTS TO ANTI-CORRUPTION EDUCATIONAL AND TRAINING PROGRAMS
• Public officials• Non-governmental organizations• Businessmen• Media
FACTORS THAT INHIBIT THE RESULT OF THE FIGHT AGAINST CORRUPTION
• Corrupt people are not severely punished
• The collusion between law enforcers and corrupt people
• Authorized officials lack commitment
• Some superiors cover up for their subordinates
• Afraid of retaliation and victimization
• Have not mobilized well people’s and media’s participation
• Lack of competent and experienced staff
• Lack of capacity and financial resources
• Insufficient pay and benefits to government employees
• Public officials lack political will
• Corruption too ingrained in government institution
THE RESULT OF THE CURRENT FIGHT AGAINST CORRUPTION
Have had positive impact
ROLE OF CITIZENS IN FIGHTING CORRUPTION
• The citizens help to promote public sector transparency and accountability
• Complaint system/ Whistle Blower, and Denunciation
Assessment of Current Situation of Anti- Money
Laundering in the Philippines
Money laundering is a criminal offence in the Philippines
LAW GOVERNING ANTI-MONEY LAUNDERING
Republic Act 9160 - Anti-Money Laundering Act of 2001
R.A. 9160 could not cover all money laundering aspects to deal with this phenomenon
RATE OF IMPLEMENTATION OF ANTI-MONEY LAUNDERING LAW
Fair Good
2 2
The Philippines has a national Financial Intelligent Unit (FIU) functioning as national center for the collection, analysis, and dissemination of information regarding potential money laundering offences
The Anti-Money Laundering Council (AMLC) is the
official authority in-charge of anti-money laundering
ANTI-MONEY LAUNDERING MEASURES WHICH HAVE BEEN APPLIED EFFECTIVELY
• Identify customer and update customer information
• Report, provide and save information
• Gather, treat and transform information
• Apply temporary measures to adjudge violations
• Investigation of predicate crimes to money laundering
• Institute civil forfeiture proceedings against proceeds of crime
• Cause the filing of complaints for the prosecution of money laundering offenses
OUR AMLC ENJOYS INDEPENDENCE
• Legal
• Functional
• Financial
• Recruitment of employees
OUR AMLC PERFORMS THE FOLLOWING FUNCTIONS
• Developing policies and improving legislation
• Data collection, analysis and evaluation
• Supervision and coordination
• Investigation of the cases
• Raising awareness in the public
• Carry out researches
• Carrying out examination of the cases
• Requesting any kind of information
• Prosecution of money laundering and related cases
RANK OF THE EFFECTIVENESS OF ANTI-MONEY LAUNDERING MEASURES
1 Preventive policies and measures
2 Detective actions
3 Punitive measure
The citizens may inform (denounce) the country’s AML Board about a suspected case of money laundering via website of the AML Board or via letter
UPDATED RULES AND INFORMATION ABOUT ANTI-
MONEY LAUNDERING
Recent amendment to RA 9160
The AMLC requires all financial institutions to have anti-money laundering (AML) & Know Your Customer (KYC) procedures
FINANCIAL INSTITUTIONS HAVE TO COMPLY WITH LEGAL OBLIGATIONS
CONCERNING ANTI-MONEY LAUNDERING LAW • Internal controls
• record-keeping requirements
• Thorough client identification
• Creating and updating list of red flags
• Prohibition of anonymous account
• Employee training programs
• Independent audit/ compliance function
• Monitoring program
• Policies covering relationship with politically exposed persons
• Policy protecting accounts / relations with shell banks
• Policy of protecting employees
FINANCIAL INSTITUTIONS ARE OBLIGED TO COMPLY WITH LEGAL OBLIGATIONS OR ADMINISTRATIVE POLICIES IN TERMS OF CLIENT DUE DILIGENCE PROCEDURES
Implementation systems for the
identification of its customer
Collecting information and assessing its customer’s AML
policies and practices
Screening its customer’s
information against sanction list
Regular updating and verification / validation of customer’s information
MOST COMMON TYPES OF SUSPICIOUS TRANSACTION REPORTS (STR) FROM FINANCIAL INSTITUTIONS
• Inconsistencies with the financial profile• Financial transactions involving the person(s) considered in
the “high risk” category• Unusually large cash transactions• Suspicious behaviours • Unusual use / exchange of cash • Refusals to show identification• Avoiding reporting obligations• Unusual account activities• Cutting large amount of transaction into pieces• Clear evidence of illegal activities linked with a transfer
FINANCIAL INSTITUTIONS ARE OBLIGED TO COMPLY WITH FATF RECOMMENDATIONS
YesAlthough not a FATF Member, Philippine Laws are substantially compliant with FATF recommendations
Rate of AMLC’s ability to cooperate and exchange financial information at international level
Good Very Good
2 2
There are cooperation agreements or protocols among the local institutions in our country to share financial information and financial transfers and if it’s involved with money laundering
ROLE OF CITIZENS IN FIGHTING MONEY LAUNDERING
The citizens help to promote
public sector transparency
and accountability
Civil society is also
engaged in anti-money laundering
efforts
Complaint system/ Whistle
Blower, and Denunciation
The penalties for money laundering incidents are appropriate
FACTORS THAT INHIBIT THE FIGHT AGAINST MONEY LAUNDERING
• Money laundering criminals are not severely punished
• Limited capacity of staff and resources to handle said cases
• The collusion between enforcement officers and money laundering criminals
• Limitation of citizen’s knowledge about money laundering criminal
• Lack of competent and experienced staff to handle money laundering cases
• Inherent difficulty in detecting and investigating money laundering cases
• Laws protecting the depositors and other privacy issues
PARTICIPANTS TO ANTI-MONEY LAUNDERING EDUCATIONAL AND
TRAINING PROGRAMS Public officials but only few /selected
public officials have been
provided with training
schools General Public
NGOs Financial Institutions (bank etc.)
Business associations and private companies
Controlling systems are the keystone and deterrent for fighting against money laundering
Yes
4
There are high institutions providing training workshops for the employees of controlling agencies about methods to detect money laundering
Yes
4
RESULT OF THE CURRENT FIGHT AGAINST-MONEY LAUNDERING
Have had positive impact