newsletter ace 11

8/17/2019 Newsletter ACE 11

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CEAnti-Corruption & Ethics CENTRE

Anti-Corruption &

Ethics Centre

Anti-Corruption &

Ethics Centre

AQUESTION you might asked yourselfin the face of temptation, especiallyif it might bring you certain advantages.Depending on which side of the fence youare standing, you might be in the positionto contemplate the predicament of To Take

or Not To Take or To Give or Not To Give!

It is always wise to make an informeddecision when facing such dilemma.Regardless on which side you are, thetaking will stop when we stop the giving.

“Fight corruption” is becoming one oftoday’s more common yet critical battlecry as the common people are becomingmore aware and knowledgeable with theadvent of the information technologyand more so with the convergence ofthe social media. At the click of themouse, the information comes to you ina matter of seconds. On the down side of

this phenomena is the troubling wronginformation that are so similar to the truth.

Realizing the magnitude of the era ofinformation explosion, we feel that thereis a need for the public to find the ‘goldamong all the junks.’

After much thoughts and planning, ateam was formed to design and developan online resource centre – the Anti-Corruption and Ethics Centre. The rationalebehind the birth of ACE is quite simple –it’s another avenue for us to take the fightagainst corruption through education and

prevention measures.We at the MACC, strongly believes thatwhile the MACC Act 2009 provides for usto enforce the law on any act of corruption,it is also our moral obligation to preventcorruption by educating the public.

It is not enough to say that corruptpractices are wrong. We need to elaborateand inform the public why it is wrong andof course the ‘how’ and the ‘who.’ It mayhappen any where at any time.

We need the people to understand thatit pays to resist corruption in conducting

businesses. We all know that corruption iswrong, yet many did not do anything. AnIrish Statesman, Edmund Burke once said,“The only thing necessary for the triumphof evil is for good men to do nothing.”

Therefore, it is imperative for us to do

something about corruption. We musthave the courage to be part of the changesthat is required to further establishMalaysian as people of integrity, ethicaland high moral values.

We need to work together to build a cultureof exercising the ethics that we preach. Weare basically a community of good valuesbut somehow got ‘corrupted’ without evenbeing aware of it.

There is a team from the Inspection andConsultancy Division that goes out inthe field to engage both the public andprivate sectors through strategic alliancesthat allow for organization to take stepsin doing business and enterprises withintegrity.

Top management must be madeto understand that there can be no

compromise when it comes to ethicsand integrity; and that there are no easyshortcuts to success.

Corporate companies are always talkingabout shared values and the ethical waysto do business. They only have to add on just a little bit more about integrity – therisk of corruption.

At the same time, ACE mirrors theseinitiatives in providing information, advicesand at times consultation. ACE works withvarious divisions within MACC itself as wellas other bodies that include government

departments, regulators and industryplayers.

Toolkits and solutions are in the pipelineand will be designed and formulated incooperation with the industry. Workshopsand seminars will be offered. It will bean ongoing process. Education is notsomething that can be obtained or givenin one day.

It is imperative that both public and privatesectors are engaged in our efforts to curtailcorruption. They need to understand thesignificance of doing business with ethics.

The value of integrity and ethics lends theindividuals as well as an entire organizationa reputation that is priceless.

It goes without saying that, a companywith good repute stands a better chance atgetting better business and better people.

Volume 1 December 2015

e-buletin

To Take or Not To TakeTo Give or Not to Give

There is a great need for everybody tocomprehend the dangers and harmful effectsof corruption. While the act of corruption itselfcould have far reaching effects on the companyand community, it can also destroy our life andour loved ones.

A house, let alone a whole city, is not built in oneday. We do appreciate the fact that, knowledgemust come with guidelines, tools and solutions.Individuals and organizations can now visit ACEto find basic information on corruption; takea good look at anti-corruption legislatives ofthe world; identify best practices that can beapplied to their organizations or appropriateguidelines for their projects.

ACE also encourages the sharing of thoughtand opinions from the general public.Information and knowledge are after all a two-way communication.

“...it is also ourmoral obligation

to prevent

corruption by

educating the

public.”

T an Sri Haji Abu Kasim Mohamed, Chief Commissioner,Malaysian Anti-Corruption Commission


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The Anti-Corruption & Ethics Centre, inshort ACE, is essentially a knowledgeand resource centre for anti-corruptionand is primarily focused on preventionand education. ACE is a new initiativeby the Malaysian Anti-CorruptionCommission (MACC) to generateawareness and educate the public.

As an arm of the Malaysian Anti-Corruption Commission, ACE is taskwith developing a resource centre thatwill provide information that not onlyincrease awareness, but also allows fordevelopment of measures and processesfor both the public and private sectors.

The ACE team also works on tools,solutions and guidelines that can be usedto inculcate anti-corruptions measures inbusinesses and enterprises.

The Knowledge section showcases BestPractices from all over the world, as wellas highligthed local Acts, Guidelines andProcesses.

These are important information forcompanies and organisations who wishto understand the legal implications onany corrupt practices that they mightunknowingly engaged in when doing

business abroad.

Industries may take advantage to engagewith ACE to further establish as a body ofintegrity that will further enhance theirimage in the global market, at definitelyat home too.

The resources of MACC that is availableand accessible to the team, place ACEin an exceptional position to assist the

2 Newsletter of Anti-Corruption & Ethics Centre (ACE)

Anti-Corruption & Ethics Centre:

Aspiring Towards Education and Prevention

public at large.

It was the brainchild of the Commissioner, Tan Sri Dr. Abu Kassim Mohamed, whowants to see MACC moving beyond

enforcement. While officers at MACC goout to the field engaging the businesscommunity as well as the masses. herecognized the need for a resource centrethat is accessible around the clock.

The ACE Portal would also serve asanother platform for MACC to engagewith the public through its Live Channel.Apart from disseminating information, itshall also encourage the public to share

their constructive ideas and opinion.

Presently initiatives are beingundertaking to address various aspectsof doing business with integrity. It is theACE mission to Fight Corruption, with a

vision to be a worldclass anti-corruptionand ethics centre. The ACE team is also involved in the Anti-Corruption Coalition as an arm of theMACC. An initiative under the Ministerat the Priminister’s Office, Dato’ Paul Low,MACC is resolute in enggaging the publicand private sectors to prevent corruptionand continue to make the nation a goodplace to do business!.

as of 30 July 2015

LIVE CentreHelpdesk

Counselling

Chat ACE -- call

Knowledge & Education Centre

About ACE • Home page• About us – vision, people, milestones

• Projects• Why come to ACE?

KNOWLEDGE • Corruption information• Corruption examples

• Corruption legislation• Corruption & ethics landscape• Awareness & training

BEST PRACTICE

BENCHMARKS

• Local & international benchmark (GIACC, FCPA,

UNODC, USA)• Whistleblowing• No gift policy

INDUSTRYOFFERINGS &

FACILITATION & ADVISORY

• Industry focus (Construction)• Public Burning issues

• Research• High risk area• Loopholes

• Case studies

• Customised toolkits• Assessment & recommendations• Benchmark world practice• Advisory role

• Monitoring of functionality of ACEFramework

POLICY ADVOCACY

• Roundtable events, innovative ideas, ministry, legalframework

• Anti-corruption coalition agreement

• Construction

ACE KPI’s - Measurement of our effectiveness

Online Centre

• Latest news

• Local

• External news

• Internal from ACE

• Bulletins, publications

• International hot news

• Events

• Live debates

• Dangerous ideas

• Roundtables

• Internal events at ACE

• Videos

• Training/workshop

• Dilemma/resolution

• Forum

• Polls

• Share your experience/story

Partners-Local

-International

Members-Log in process

-Value to members

ACE FOOTPRINT

L i v e F e e d

U p d a t e p e r i o d i c


Partnering To Fight Corruption

ACE Centre is accessible around

the clock through its portal atwww.sprm.gov.my


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Anti-corruption efforts includeestablish-ment of laws, codes ofconduct and other legally bindingdocuments, organisation of oversightmechanisms, audited budgets and othermerit criteria and the number of financialaccounting systems operating under anintegrated management concept. Whilecritical, such structural approaches arenot sufficient; we need to have moralaccountability and good practices,which we could share among variousstakeholders. To achieve these commongoals, we need to have a holistic platformfor us to share our knowledge andexperience. It is hope that members ofthe society will utilise well our entity –the Anti-Corruption and Ethics Centre(ACE).

The Malaysian Anti-CorruptionCommission Deputy ChiefCommissioner, Datuk Sri Haji MustafarAli shares his vision on the function androle of ACE.

Q: What can be expected with thebirth of ACE?

Datuk Mustafar: ACE will become animportant centre where every memberof society, who involves in efforts toprevent corruption, can exchangetheir views and ideas on fightingcorruption at their own level. Each of ushas experiences that are very useful toshare. We should use these experiencesas best as possible. I believe that wecan create a system and good practicesin order to have corruption freeenvironment.

Q: Does that mean ACE will helpestablish cooperation between theprivate and public sectors?

Datuk Mustafar: Corruption-freeenviron-ment can be created not onlyby the authorities such as the MACC orthe government. But everyone shouldplay their roles. Given that effort ofnation-building involve responsibilitiesof private and government sectors, theanti-corruption efforts also involves roleof the private and public sectors. This isa mandatory requirement. This meansthat the roles and responsibilities areshouldered by both private and publicsectors. Hence, the ACE will createspace to both private and public toexchange views, ideas and case studiesthat can be developed as SOP, systemsand procedures and good practices,which can be followed by all parties inthe long term. This is just a beginning

to see a better future.

Q: To what extent does the existenceof ACE will help the formulationof systems and procedures thatcan help create environment goodgovernance in Malaysia?

Datuk Mustafar: This is the first timewe are exposed to the existence ofcentre such as ACE in Malaysia. ACEwill meet various stakeholders fromdifferent sectors and levels, includingfrom outside Malaysia. ACE willprovide space for discussions to gatherthoughtful and constructive ideas,suggestion and input. I’m sure there willbe a series of constructive discussionsinvolving all parties, where one day,we will be able to see the formulationof systems, procedures or rules thatwill help us. Sharing knowledge andexperience is fundamental in thatdirection. Therefore, I believe all thoseinvolved will use this opportunity wellfor our future betterment and commongoals.

Q: In terms of prevention, what arethe roles of ACE? Maybe you couldshare the future contributions ofACE to the stakeholders?

Datuk Mustafar: Efforts to create an

environment free of corruption, whichhas become the focus of attention andmany people from within and outsidethe country, will not be successful onlythrough the legal framework. It also willnot work with an external mechanismsuch as law enforcement. Instead,success depends on the internalcontrol mechanisms of individuals andorganizations.

In other words, we need preventionefforts such as establishing a code

of ethics, anti-corruption, goodgovernance and a culture of integrity.Preventive and punitive approachwould create a balanced society thathate and shun corruption. ACE has animportant role in that direction. Wehope that ACE will be made good by allparties. At the time help ACE to createawareness among the private sector inthat direction.

Creating

Good Practices

and AdequateProcedures


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ACE On The Moveby ACE Team

The Anti-Corruption and EthicsCentre itself is an initiative towardsthe development of an online resourcecentre. As it gears towards providingknowledge, best practises and

benchmarks, as well as industry offeringand policy advocacy, ACE Centre alsoworks at advocating anti-corruptionmeasures in the private sector.

Harnessing the supports from the PrivateSector Division of the MACC, severalinitiatives are being rolled out to engagethe private sectors. Preliminary effortsthat include briefings and meetings hadbeen conducted with organizations bothin the public and private sectors.

ANTI-CORRUPTION COALITIONSeveral national burning issues have beentabled and construction industry hasbeen identified as the first in the privatesector to be addressed. Preliminaryresearch have been conducted, followingthe report by Transparency International(TI) that construction industry is one ofthe high risk areas in the private sector.

At the signing of a Memorandum ofCooperation in Governance, Integrityand Anti-Corruption in Construction(Kerjasama Berkenaan Tadbir Urus, Integriti

dan Pencegahan Rasuah Dalam IndustriPembinaan), ACE was graciously invited tobe part of an Anti-Corruption Coalition forConstruction.

Subsequent to the MoC the game plantowards the setting up of the Anti-Corruption Coalition was presentedto YB Senator Datuk Paul Low SengKuan, Minister at the Prime Minister’sDepartment.

Engagement with the industry would

be integral to the formation of the ACCoalition. As mentioned at the MoCCeremony, high-risk areas must beidentified, as well as the legal loopholesand control factors that are available andthose that are yet to be introduced.

ACE played a facilitating role and worktogether with the industry playersthat include the Construction IndustryDevelopment Board (CIDB) to set inmotion the game plan with formation ofthe Anti-Corruption Coalition.

As a resource centre, ACE also workedon identifying high risk areas in theconstruction industry and look atpossible solutions. Research on industry

as well as identifying best practicesare part of efforts undertaken by ACEto further assist the Anti-CorruptionCoalition for the Construction Industryin addressing pertinent issues.

Prior to that, the ACE team visited theGlobal Infrastructure Anti-CorruptionCentre (GIACC), United Kingdom. MACCis now working with GIACC, UK towardsestablishing a sustainable partnershipand enable the sharing of knowledge andresources, to bring back the resourcesand implement it the constructionindustry in Malaysia.

The GIACC’s view is that corruptionis a management issue and thereforemeasures should be implemented toaddress these issues. These measures mainly revolve aroundthe implementation of solid anti-

corruption controls. The measures areset-up in-tune with the requirements

of the UK Bribery Act 2010 and BritishStandards BS10500.

The GIACC connection would also allowus access to solutions and toolkits suchas the Project Anti-Corruption System(PACS), which is a set of anti-corruption,measures which impact on all majorproject participants through the projectcycle. The aim is to detect, deter andprevent corruption.

CORRUPTION RISK MANAGEMENTA series of workshops on CorruptionRisk Management (CRM) for IntegrityUnits were in all ministries, corporatebodies and government-link companiesas part of an effort towards corruptionprevention.

The newly formulated CRM versiontwo (CRM 2.0) are enhanced with anti-

corruption controls that the public and

Senator Datuk Paul Low Seng Kuan, Minister at the Prime Minister’s Department (second from left, front

row) and Datuk Haji Fadillah Yussof, Works Minister (middle front) at the signing of the Memorandum ofCooperation for the Anti-Corruption Coalition for Construction Industry.

International

participants from

Egypt attended a two-

day CRM workshop

conducted by ACE at

the Malaysian Anti-

Corruption Academy.


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Newsletter of Anti-Corruption & Ethics Centre (ACE) 5

ACE On The Move – cont’d

private sectors will find a very effectivetools for their organization in their effortsto further improve the integrity of theirgovernance.

ENGAGING THE PRIVATE SECTOR The private sector is not immune tocorruption and in recent years, withcorruption scandals emerging bothlocally and internationally that effectedtheir reputation and hence their financialstatus, various corporate bodies thatinclude GLC are looking at their owncorporate governance.

One of the first steps taken was takingthe Corporate Integrity Pledge with theMalaysian Anti-Corruption Commission.

To-date, more than 500 companies hadtaken the pledge.

However, MACC feels that there is a needto take the private sector further – toincorporate anti-corruption measures intheir corporate agenda.

Bearing that in mind, the team withsupport from the Inspection andConsultancy Division have beenindustriously engaged in preliminarymeetings and discussions with severalorganizations that also include the

bodies that regulates the businesses.

Over the years the Securities CommissionMalaysia and the Bursa Malaysia have inplaced measures that companies mustadhered to, in order to be listed andstay listed. Measures and procedures toensure that companies are competing onan even ground, have been introducedand implemented.

Meanwhile, as stated in its missionstatement, their objective is to promote

and maintain fair, efficient, secure andtransparent securities and futures marketsand to facilitate the overall developmentof an innovative and competitive capitalmarket.

We are engaging the regulators in orderto promote sustainable reporting thatincludes anti-corruption on their agenda. The team feels the need to push foranti-corruption measures in the currentlandscape.

Meanwhile, in the initial meetings with

the top management at the SC, theoutcome is optimistic and the Centreis quite confident that anti-corruption

would eventually be one of the inherentfactor for public listed companiesto embrace and make it part of thecorporate culture.

Connections have been made with twoof Malaysian prominent organizationsin MACC efforts to engage the privatesector. The organisations, in the bankingand telecommunications industry, arekeen to go beyond signing the CorporateIntegrity Pledge.

ACE hopes to work closely with bothorganisations to increase awarenessamong their top management andemployees on anti-corruption.

DOING GOOD AND ETHICAL BUSINESSMACC is taking anti-corruption measuresbeyond enforcement. It strongly believesthat education and prevention areintegral towards developing a businesscommunity that are ethical.

A team from theMalaysian Anti-CorruptionCommission (MACC)delivered a range ofknowledge on all aspectsof anti-corruption includingtypes of corruption,

investigations and casestudies alongside lessonslearned and the anti-corruption landscape from alocal and international point

of view to various corporate companiesand regulating bodies.

It is important for companies that ventureinto global market to understand that

there are international laws that governhow business are being conducted.

While some GLCs have a semblanceof anti-corruption measures in theircorporate governance through theimplementation of integrity program,there is a need for them to understandthat anti-corruption measures are criticalespecially when they are doing businessglobally.

Considering the number of anti-

corruption and bribery acts that areinternational in its coverage, Malaysianenterprises need to learn doing goodand ethical business.

(Top) ACE Team after the meeting at the BURSA.

(Bottom) One for the album after the meeting at Khanazah.


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Newsletter of Anti-Corruption & Ethics Centre (ACE) 7

Around the

GlobeCompiled by

Communication and Strategic Unit (BKS)

THE GUARDIAN, UK EDITION

24 JUNE 2015

SBS NEWS , AUSTRALIA

21 JUNE 2015

INSIDE COUNSEL, BRAZIL

20 APRIL 2015

How to ... fight government corruptionIt is easy to forget that governments in developing and middle-income countriesare often at the forefront of the fight against corruption. Their struggles to design,implement, and defend anti-corruption institutions in the face of dauntingchallenges hold valuable lessons for global efforts to ensure transparency andhonesty in public expenditure. The Innovations for Successful Societies (ISS)

programme at Princeton University examined anti-corruption agencies in eightcountries: Botswana, Croatia, Ghana, Indonesia, Latvia, Lithuania, Mauritius, andSlovenia. Researchers interviewed more than 150 people at all levels inside theagencies as well as outside experts, in order to identify not only the achievementsand shortcomings of these agencies but more importantly how they overcameobstacles. Read more at www.theguardian.com › ... › Impact and effectiveness.

Australian company at the centre of US bribery scandalAustralian red light camera company Redflex has been rocked by more US legaltroubles, with its former chief executive of North American operations pleadingguilty to bribery charges in Ohio.Karen Finley was already facing 16 counts,

including mail fraud, bribery and conspiracy to commit bribery, for a separate$US2 million ($A2.56 million) bribery scandal involving a Chicago official.Federalprosecutors in Ohio revealed on Friday they had gone after 55-year-old Finleyfor an eight-year bribery and fraud scheme involving politicians in the cities ofCincinnati and Columbus.The Melbourne-headquartered, Australian SecuritiesExchange-listed Redflex has suffered a slump in business in the US since thescandals became public. Full story atwww.sbs.com.au/.../australian-company-centre-us-bribery-scandal.

Gift-giving in Brazil and corruption risks: Compliance steps to considerWhile enforcement of the January 2014-enacted Brazil Clean Companies Act (CCA)

is off to a slow start, the law’s passage has driven many companies, both nationaland multinational, doing business in Brazil to evaluate and refine their compliancepolicies and procedures, including those related to gift-giving practices. Despitethe fact that we’re seeing a decline in giving corporate gifts in Brazil, it still remainsan important part of corporate marketing and client relationship strategies formany companies. Further, many Brazilian public officials and public servants (e.g.,nursing groups at public hospitals) continue to expect gifts from the corporatecommunity.Read more at http://www.insidecounsel.com/2015/04/20/gift-giving-in-brazil-and-corruption-risks-compliance


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ACE CENTRE ALL SET TO GO!Compiled by

ACE Centre Team

Minister at the Prime Minister’s Department, SenatorDatuk Paul Low Seng Kuan official launched the Anti-Corruption & Ethics (ACE) Centre at a ceremony attended

by more than 400 audience of industry players inconstruction industry as well as head of governmentdepartment and agencies, including the Malaysian Anti-Corruption Commission.

The event also saw the signing of a strategic alliancebetween the CIDB Holdings Sdn Bhd and the GlobalInfrastructure Anti-Corruption Centre, United Kingdom.

During his speech at the ceremony, Datuk Paul Lowwelcome the establishment of ACE Centre as the platformfor the dissemination of knowledge, information andawareness about corruption, especially in the businesscommunity.

Meanwhile, Deputy Chief Commissioner Prevention,Datuk Sri Haji Mustafar Ali elaborated that ACE Centre willbe a resource centre where the public can have accessto knowledge that include best practices, solutions andtoolkits that the business community can inculcate intheir business process and management.

ACE Centre also engage in propagating strategicand smart partnerships that would facilitate the

Datuk Paul Low at the launch of ACE Centere. On his left is Datuk Sri Haji Mustafar

Ali, Deputy Chief Commissioner, Prevention, MACC and Neil Stansbury, co-founderand director of GIACC, UK. On his right is Datuk Sri Ir. Dr Judin Abdul Karim, CEO,

CIDB Malaysia and Abdul Latiff Hitam, CEO CIDB Holdings Sdn Bhd.

institutionaling of anti-corruption measures and controls. The strategic alliance between CIDB Holdings Sdn Bhd andGIACC, UK is the first initiative by ACE Centre.

WORKSHOP ON PREVENTION OF CORRUPTION IN

INFRASTRUCTURE PROJECT

most corrupt sectors. Corruption on infrastructure projectscan result in more expensive projects, dangerous structures,environmental damage and defective quality.

The one-day workshop is designed to provide participants withan understanding of:• Why corruption has become such a signicant

international issue• The various types of corruption, such as bribery, fraud

and cartels, which occur on infrastructure projects• Some major international corruption prosecutions

• Anti-corruption programme for organisations

• Anti-corruption procurement controls

• Anti-corruption project delivery controls

GIACC UK and CIDB Holdings signed a strategic alliance thatwould allow the use of GIACC’s solutions, toolkits and trainingmaterials in Malaysia.

Initiated by the ACE Centre, the centre will continue to assistin the implementation of training program in conjuction withCIDB Holdings forthe construction industry.

Neil Stansbury, DIrector and Co-Founder of the GlobalIntrastructure Anti-Corruption Centre (GIACC) UK, was inKuala Lumpur recently to conduct a one-day workshopon Prevention of Corruption in Infrastructure Project.

The workshop, co-organised by CIDB Holdings andACE Centre, was attented by more than a hundred

participants from the construction industry.

According to Stansbury, surveys regularly reveal thatthe infrastructure sector is perceived as one of the


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Contact:

ACE TeamPejabat SPRM (Presint 3)

Aras 7 & 8, Bangunan 26 Boulevard, Lot 3C4,Pusat Pentadbiran Kerajaan Persekutuan,

Presint 3,

62675 Putrajaya. Tel : 03-88867000Faks:03-88889562

Email: [email protected]


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