INTEGRITY AND ANTI-

CORRUPTION COURSE

Kursus Integriti dan Antirasuah (KIAR)

Ministry of Higher Education 

REPORT CORRUPTION, PREVENTIVE MEASURES AND GOVERNMENT INITIATIVES

7

Module

REJECT CORRUPTION &

LODGE YOUR REPORT

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FAIL to report is a crime

- Section 25 MACC Act 2009 -

Reporting offer / giving of bribes is compulsory

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

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FAILURE TO REPORT

• Fine not exceeding RM100,000; or
• Imprisonment not exceeding 10 years; or
• Both.

RESPONSIBILITY TO LODGE A REPORT

Reporting solicitation / receiving of bribes

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

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FAILURE TO REPORT

• Fine not exceeding RM10,000; or
• Imprisonment no exceeding 2 years; or
• Both.

RESPONSIBILITY TO LODGE A REPORT

FAILURE TO REPORT BRIBE, �FIVE MOF OFFICERS FINED

• Kuala Lumpur, 2 December 2020 - Five officers of Ministry of Finance (MoF) were charged under Section 25(1) MACC Act 2009 for failing to report bribe offers.

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• They pleaded guilty and were fined RM1,500 to RM2,000.

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• They were offered bribes between RM200 and RM600 from middlemen to expedite applications of new MoF account for several companies.

FAILURE TO REPORT BRIBE, �AN EXECUTIVE WAS FINED RM7,000�

• KUALA LUMPUR, 19 August 2021 - A former purchasing executive was fined RM7,000 by a court for failing to report bribes given to him.

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• The accused (woman) who is a Senior Buyer in Sapura Energy Berhad was given a bribe of RM4,000 by a company director.

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• The bribe as an inducement for the accused to disclose confidential information on another company's tender price for the 'Provision of Engineering, Procurement, Construction, Installation, and Commissioning (EPCIC) of Pegaga Development Project' from Sapura Energy Berhad.

• Date, time and location of incident;

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• Identity of giver, recipient and middleman (if any);

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• What happened and who was involved in the incident;

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• Witnesses who know or saw the incident; and

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• Relevant documents.

Reporting corruption:

What is important?

How to report?

• Come forward to any MACC office

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• Contact MACC office:

Toll-free line: 1-800-88-6000

Regular line: 03-8870 0688 / 0689 / 0690 / 0691

SMS : 019-6000 696

Fax : 03-8870 0934

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• Send an email to info@sprm.gov.my

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• Visit MACC portal – Complaints Management System (CMS)

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

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• Contact any MACC officer

Complaint Management

System (CMS)

An online platform for the public to lodge reports on corruption cases.

System allows complainants to check the status of their reports.

MACC MOBILE

The public can download this application on:

• Reports made are kept confidential until the accused is charged in court.

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• Identity of whistleblowers are confidential and will not be revealed in any court.

CONFIDENTIALITY

of whistleblowers and reports

MACC’s whistleblowers and witnesses

WILL BE PROTECTED!!

Whistle-�blower�and �witness

DEFINITION

• A whistleblower secretly discloses a corrupt act.

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• Is not actively involved in a corrupt act.

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• Disclosure is made based on his reasonable belief.

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• May or may not be present as witness in court.

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• Protected under the Whistleblower Protection Act 2010.

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WHISTLE

BLOWER

Immunity from civil, criminal or disciplinary action, due to disclosure

Whistleblower Protection Act 2010

NOTE: Under the condition that the whistleblower is prepared to be identified by MACC officers

Confidentiality of the whistleblower’s identity itself

Protection from detrimental action - when action is taken on whistleblower

• KUALA LUMPUR, 18 September 2020 - On 18 September 2020, the Deputy Director of Education Malaysia Global Services (EMGS) was charged under Section 10(3)(b) of the Whistleblower Protection Act 2010 (WPA 2010) at the Kuala Lumpur Sessions Court.

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• According to the charge, he allegedly caused the dismissal of an EMGS officer following the latter's disclosure of corruption-related information to MACC.

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• If convicted, he faces a maximum of 15 years’ imprisonment or fine, or both.

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FIRST PROSECUTION UNDER THE WHISTLEBLOWER PROTECTION ACT 2010

• A person who has direct knowledge through:
• Sight;
• Hearing; or
• His involvement in a crime.

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• Becomes a witness in court.

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• Protected under the Witness Protection Act 2009.

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WITNESS

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Applying to create a new identity

Witness Protection Act 2009

Forms of protection under the

Witness Protection Programme

Providing a residence to the participant

Providing payments for living expenses

Other appropriate actions

Preventive Measures

ANTI-CORRUPTION

8 TIPS TO AVOID CORRUPTION

DO NOT say ’YES’ on first offer.

TIPS TO AVOID CORRUPTION

BE CAREFUL with compliments.

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

TIPS TO AVOID CORRUPTION

DO NOT ever show actions or behaviour that seems to portray that we are asking.

TIPS TO AVOID CORRUPTION

DO NOT get accustomed to receiving any form of entertainment from those who have official relationship with us, even though it is just a treat to a drink.

TIPS TO AVOID CORRUPTION

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

TIPS TO AVOID CORRUPTION

DECLINE offer or persuasion firmly.

TIPS TO AVOID CORRUPTION

AVOID talking about personal matters or family issues with people with whom we have an official relations.

TIPS TO AVOID CORRUPTION

Befriend people who are honest and can advise and guide us.

TIPS TO AVOID CORRUPTION

IN CURBING CORRUPTION

GOVERNMENT INITIATIVES

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

17

115

strategic

objectives

initiatives

6

key areas

• Established on 1 June 2018

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

Governance, Integrity and Anti-Corruption Centre (GIACC)

Special Cabinet Committee on Anti-Corruption (JKKMAR)

• Replaces the Special Cabinet Committee on Government Integrity Management (JKKMKPK).

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• Role - determine policy and way forward on national governance, integrity and anti-corruption.

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• Monitor the implementation of the National Anti-Corruption Plan (NACP) 2019-2023.

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• JKKMAR meeting is chaired by the Prime Minister.

• Replaces the Integrity and Governance Committee (JITU).

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• JAR exists in all ministries, departments, government agencies and statutory bodies.

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• National-level JAR is chaired by the Chief Secretary to the Government (KSN).

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• Focus of discussion - issues on integrity, corruption and governance at all levels of government administration.

Anti-Corruption Committee (JAR)

https://mydeclaration.sprm.gov.my

• Must declare - asset, additional property and asset disposal.

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• Asset owned by Members of Parliament, spouse, children and their stakeholders.

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• Asset Declaration Portal - developed by MACC to display the asset declaration by members of administration and Members of Parliament.

Declaration of assets by members of administration and Members of Parliament

ORGANISATIONAL ANTI-CORRUPTION PLAN (OACP)

• OACP aims to solve problems/weakness in governance, integrity and anti-corruption issues in an organisation.

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• Developing OACP is MANDATORY as per PM’s Directive No.1 of 2018, Series 2 No.1 of 2019.

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Strategy 2: Enhance the efficiency of public service delivery

Strategy 6: Cultivate good governance in corporate entities

INTEGRITY UNITS IN PUBLIC AGENCIES

• Service Circular No. 6 of 2013: Establishment of Integrity Units in All Public Agencies - Government Directive for all Public Agencies to Establish an Integrity Unit (UI).

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• UI acts as a focal point for the management of integrity and corruption issues.

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• UI is an internal control effort by an agency to prevent corrupt practices.

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• Overall, 887 UI have been established in public agencies.

INTEGRITY AND GOVERNANCE UNIT �in government-linked companies

• Prime Minister’s Directive No.1 of 2018, Series 1 No.1 of 2018: Establishment of Integrity and Governance Unit (IGU) in Government-Linked Companies, Companies owned by Ministries and Government Agencies including under State Governments.

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• Enforced on 5 October 2018.

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• Main role of IGU - enhance governance in GLC by cultivating integrity and rejecting all forms of corruption.

Corporate liability

provision

• Passed by Parliament on 5 April 2018.

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• Section 17A MACC Act 2009.

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• Aims to enhance good governance in corporate sector and encourage business to be conducted cleanly.

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• Means that the company can be held liable if it allows its employees to use corruption to obtain a contract / project.

• Implemented from 15 October 2013.

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• An international standard on corruption prevention.

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• Sets policy and procedures for organisations to manage and prevent corruption.

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• NACP (2019-2023) - Government and private agencies are encouraged to obtain ABMS certification.

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

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• Companies can participate in CIP via the Corporate Integrity System Malaysia (CISM) portal at https://cism.sprm.gov.my/.

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• 7 CISM initiatives to be implemented are:
• Leadership
• Code of ethics
• Policies on corruption prevention
• Corruption risk management
• Training and communication
• Performance evaluation
• Corruption prevention reporting

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CORPORATE INTEGRITY PLEDGE (CIP)

version 2

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

On 19 April 2021, the Special Cabinet Committee on Anti-Corruption (JKKMAR) decided that Integrity and Anti-Corruption Course is offered in all higher learning institutes.

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2021 - as an elective course

2023 - as a compulsory course

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Ensure organisation’s leadership is free from corruption

CORRUPTION-FREE PLEDGE

Based on the concept of ‘leadership by example’

Voluntary

The UNDERTAKINGS in the pledge are:

1. To follow the law, regulations, national policies related to corruption.

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• To condemn and reject corruption.

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• To not involve in any form of corruption.

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• To ensure employees are not involved in corruption.

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• To report to MACC any form of corrupt act.

• Special Corruption Court

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• Prosecution of corruption cases within a year

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• Corruption Offenders Database

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• Tax deductions to companies that conduct community programs related to integrity and anti-corruption

OTHER INITIATIVES

• MyProcurement Portal

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• Guidelines for action on support received from government leaders, influential individuals, or any persons regarding a government matter

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• Integrity Pact (IP) in government procurement

OTHER INITIATIVES