05.05.2015 Views

International Initiatives In Anti-Corruption Measures

International Initiatives In Anti-Corruption Measures

International Initiatives In Anti-Corruption Measures

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

<strong><strong>In</strong>ternational</strong> initiatives in anti-corruption<br />

15<br />

<strong><strong>In</strong>ternational</strong> initiatives in<br />

anti-corruption measures<br />

Abdul Razak Hamzah<br />

Preamble<br />

<strong>Corruption</strong> has become a global threat. Every nation<br />

in the world experiences corruption; only the level of<br />

corruption and type of corruption differ from country<br />

to country. <strong>Corruption</strong> is a serious obstacle to social<br />

stability and economic growth. It harms the economy,<br />

undermines the rule of law, and weakens public trust<br />

in government.<br />

Realizing its consequences, more and more nations of<br />

the world acknowledge that joint and concerted efforts<br />

are crucial to eradicate corruption. The efforts must<br />

not only focus on eradicating corruption domestically<br />

but also internationally. Therefore, various parties<br />

in the world have taken the effort to bring countries<br />

together in corruption eradication. Some of the<br />

parties are: the Group 77 and China, European Union<br />

(EU), Arab League, Commonwealth of <strong>In</strong>dependence<br />

States, African League, United Nations, APEC, ADB,<br />

OECD, World Bank, ABA, INTERPOL, Basel <strong>In</strong>stitute<br />

of Governance, Transparency <strong><strong>In</strong>ternational</strong>.<br />

Rationale of Joining <strong><strong>In</strong>ternational</strong> <strong><strong>In</strong>itiatives</strong><br />

on <strong>Anti</strong>-<strong>Corruption</strong><br />

Malaysia practices an open economy. <strong>In</strong> her daily<br />

economic business, Malaysia deals with various<br />

parties from foreign countries. The country invests<br />

in many types of businesses in other countries.<br />

At the same time, Malaysia encourages investors<br />

from abroad to invest in various businesses in this<br />

country. Among other things to be considered prior<br />

to Malaysia investing in foreign countries or foreign<br />

investors investing their capital in this country is the<br />

issue of corruption. All international initiatives on anticorruption<br />

stress that countries provide adequate anticorruption<br />

measures in order to ensure businesses<br />

can be run ethically.<br />

Being a party to international business, Malaysia<br />

cannot avoid from participating in such anti-<br />

corruption efforts. Sidelining the initiatives means<br />

ignoring the desire of the world to have a corrupt-free<br />

environment. Joining the international anti-corruption<br />

initiatives creates good networking. It enables intimate<br />

cooperation between ACA Malaysia and other similar<br />

entities around the globe. Such good cooperation<br />

provides opportunities for Malaysia to obtain<br />

assistance easily from foreign counterparts. This<br />

ensures effectiveness in investigations, prosecutions<br />

and other related procedures in anti-corruption work.<br />

The international initiatives on anti-corruption provide<br />

avenues for members to express opinions and<br />

obtain support. Being a member to these initiatives,<br />

ACA Malaysia may provide opinions on how best<br />

corruption eradication work should be carried out for<br />

mutual benefit. At the same time, this agency may<br />

use the same avenue to gain support from other<br />

members on issues of mutual interest.<br />

Malaysia is a member of various international<br />

organizations such as APEC, UN, OIC, G77 and China,<br />

and <strong>In</strong>terpol. These organisations do not exclude<br />

corruption issues in their programs. <strong>Corruption</strong><br />

issues have become one of the items deliberated<br />

and resolved by these organisations. As a member,<br />

Malaysia cannot avoid from taking part in the anticorruption<br />

programs organized by the organizations.<br />

<strong>In</strong>volvement in such initiatives means ACA Malaysia<br />

believes and supports the concept of esprit de corp.<br />

ACA Malaysia participates in anti-corruption initiatives<br />

as follows:<br />

<strong>In</strong>terpol Group of Experts on <strong>Corruption</strong> (IGEC)<br />

The INTERPOL Group of Experts on <strong>Corruption</strong> (IGEC),<br />

an outgrowth of the first <strong><strong>In</strong>ternational</strong> Conference<br />

on <strong>Corruption</strong>-related Crime, held at the INTERPOL<br />

General Secretariat in Lyon in April 1998, has been<br />

mandated by the INTERPOL General Assembly to<br />

develop and implement various new anti-corruption


16<br />

Public Private Partnership in <strong>In</strong>tegrity Enhancement and <strong>Anti</strong>-<strong>Corruption</strong> <strong>Measures</strong><br />

initiatives to carry out law enforcement in the fight<br />

against corruption. The IGEC is a multi-disciplinary<br />

group representing all of INTERPOL’s regions. It<br />

facilitates the co-ordination and harmonisation<br />

of the different national and regional approaches<br />

to combating corruption. <strong>In</strong> addition, the group<br />

includes a host of other international stakeholders<br />

in the global anti-corruption campaign. The rationale<br />

underlying this structure is the general belief that<br />

law enforcement should combat corruption as a<br />

phenomenon holistically, in co-operation with all<br />

major players and the community at large. The IGEC<br />

is currently chaired by Mark Gough, Deputy Director,<br />

<strong>In</strong>vestigations Division, Office of <strong>In</strong>ternal Oversight<br />

Services at the United Nations, and comprises experts<br />

representing Austria, Australia, Canada, Egypt, Hong<br />

Kong (China), Malaysia, Mexico, Thailand, the United<br />

Kingdom and the United States, plus the European<br />

Commission, the <strong>In</strong>ter-American Development Bank,<br />

Transparency <strong><strong>In</strong>ternational</strong>, the University of Ottawa<br />

and the INTERPOL General Secretariat.<br />

The IGEC provides essential information and feedback<br />

to INTERPOL on matters pertaining to all aspects of<br />

corruption, and is mandated to advise the Secretary<br />

General on how best to combat this phenomenon,<br />

both operationally and strategically. To give effect to<br />

this mandate, the experts meet at least twice annually.<br />

The IGEC is present at all anti-corruption meetings<br />

and participates in most anti-corruption fora. It has<br />

also conducted numerous anti-corruption workshops<br />

and seminars and hosted several conferences. The<br />

group has established substantial credentials as being<br />

innovative and leading the fight against corruption<br />

globally. ACA Malaysia is represented by Abu Kassim<br />

bin Mohamed, as a member of the group since its<br />

inception.<br />

Asia Pacific Group on Money Laundering<br />

The Asia Pacific Group on Money Laundering (APG)<br />

is an autonomous and collaborative international<br />

organization founded in 1997 in Bangkok, Thailand,<br />

consisting of 38 member jurisdictions and a number<br />

of international and regional observers. Some of the<br />

international organizations who participate in, and<br />

support the efforts of the APG in the region include<br />

the FATF, <strong><strong>In</strong>ternational</strong> Monetary Fund, the World<br />

Bank, the United Nations Office on Drugs and Crime,<br />

the Asian Development Bank, the Egmont Group of<br />

Financial <strong>In</strong>telligence Units, and APEC. The member<br />

jurisdictions and observers of the APG are committed<br />

to the effective implementation and enforcement of<br />

internationally accepted standards against money<br />

laundering and the financing of terrorism, in particular<br />

through the Forty Recommendations and Nine<br />

Special Recommendations on Terrorist Financing of<br />

the Financial Action Task Force on Money Laundering<br />

(FATF).<br />

The APG has five key roles:<br />

1. To assess compliance by APG member<br />

jurisdictions with the global AML/CFT<br />

standards through a robust mutual evaluation<br />

program;<br />

2. To coordinate technical assistance and<br />

training with donor agencies and countries<br />

in the Asia/Pacific region in order to improve<br />

compliance by APG members with the global<br />

AML/CFT standards;<br />

3. To participate in, and co-operate with, the<br />

international anti-money laundering network -<br />

primarily with the FATF and with other regional<br />

anti-money laundering groups;<br />

4. To conduct research and analysis into money<br />

laundering and terrorist financing trends and<br />

methods to better inform APG members of<br />

systemic and other associated risks and<br />

vulnerabilities; and<br />

5. To contribute to the global policy development of<br />

anti-money laundering and counter terrorism<br />

financing standards by active Associate<br />

Membership status in the FATF.<br />

The APG also assists jurisdictions to establish<br />

coordinated domestic systems for reporting and<br />

investigating suspicious transaction reports and<br />

to develop effective capacities to investigate and<br />

prosecute money laundering and the financing<br />

of terrorism offences. Malaysia, through the<br />

establishment of National Coordinating Committee<br />

(NCC) in April 2000 and following the cabinet<br />

approval, joined the APG on 31 May 2000. ACA<br />

Malaysia is a member of NCC which comprises 13<br />

agencies headed by the Central Bank. ACA Malaysia<br />

participated in the drafting of the national anti-money<br />

laundering plan, AMLA 2001 and MACMA 2002. The<br />

ACA participated in the APG Mutual Evaluation on<br />

Malaysia in 2001, IMF/OGBS Mutual Evaluation on<br />

Labuan IOFC 2001 and the APG Mutual Evaluation<br />

on Malaysia 2007.


<strong><strong>In</strong>ternational</strong> initiatives in anti-corruption<br />

17<br />

ADB/OECD <strong>Anti</strong>-<strong>Corruption</strong> <strong>In</strong>itiative for Asia and<br />

the Pacific<br />

Governments in Asia-Pacific have resolved to<br />

cooperate in the fight against corruption as early as<br />

1999, when they launched the <strong>Anti</strong>-<strong>Corruption</strong> <strong>In</strong>itiative<br />

for Asia-Pacific under the joint leadership of the Asian<br />

Development Bank (ADB) and the Organisation for<br />

Economic Co-operation and Development (OECD).<br />

The <strong>Anti</strong>-<strong>Corruption</strong> Action Plan for Asia and the<br />

Pacific, developed in the framework of this <strong>In</strong>itiative,<br />

sets out the goals and standards for sustainable<br />

safeguards against corruption in the economic,<br />

political and social spheres of countries in the region.<br />

To date, 28 countries and economies from Asia<br />

and the Pacific have endorsed the Plan and have<br />

agreed on implementation mechanisms to achieve its<br />

standards.<br />

The <strong>Anti</strong>-<strong>Corruption</strong> Action Plan sets high anticorruption<br />

standards and brings about concrete<br />

changes in the region’s anti-corruption landscape.<br />

It encourages the establishment of effective and<br />

transparent systems for public service, strong antibribery<br />

action and promotion of integrity in business<br />

operations, and the support of active involvement of<br />

the civil society. Moreover, its implementation and<br />

review mechanisms support the objectives of the UN<br />

Convention against <strong>Corruption</strong> and the OECD <strong>Anti</strong>-<br />

Bribery Convention in Asia-Pacific. The mechanisms<br />

and outcome of this process have earned the<br />

<strong>In</strong>itiative recognition from governments, international<br />

and donor organizations, civil society and the private<br />

sector.<br />

Countries and economies of the Asian and Pacific<br />

region that have endorsed the <strong>Anti</strong>-<strong>Corruption</strong><br />

Action Plan and committed to its goals are: Australia;<br />

Bangladesh; Bhutan; Cambodia; People’s Republic of<br />

China; Cook Islands; Fiji Islands; Hong Kong, China;<br />

<strong>In</strong>dia; <strong>In</strong>donesia; Japan; Kazakhstan; Korea; Kyrgyz<br />

Republic; Macao, China; Malaysia; Mongolia; Nepal;<br />

Pakistan; Palau; Papua New Guinea; Philippines;<br />

Samoa; Singapore; Sri Lanka; Thailand; Vanuatu; and<br />

Vietnam.<br />

Malaysia hosted the 4th Steering Group Meeting<br />

and 4th Regional <strong>Anti</strong>-<strong>Corruption</strong> Conference, which<br />

were officiated by Dato’ Seri Abdullah bin Haji Ahmad<br />

Badawi on 3-5 December 2003. Membership of<br />

the <strong>In</strong>itiative was open to any economy within the<br />

Asia-Pacific region that: recognizes the need for<br />

action against corruption and the benefits of sharing<br />

knowledge and experience across borders; is actively<br />

taking steps to implement anti-corruption measures<br />

based on international standards; and commits<br />

to undertake reforms under the framework and<br />

standards of the Action Plan and to participate in the<br />

<strong>In</strong>itiative’s review mechanisms.<br />

The <strong>In</strong>itiative’s Steering Group, comprising<br />

representatives of the <strong>In</strong>itiative’s member<br />

governments, defines the <strong>In</strong>itiative’s priorities and<br />

activities to support the members’ efforts in anticorruption<br />

reform. The Advisory Group, which includes<br />

donors, civil society representatives, business<br />

organizations and other constituencies that support<br />

the <strong>In</strong>itiative, assists the Steering Group by providing<br />

technical advice and helps mobilize resources. A<br />

small Secretariat, run jointly by the ADB and OECD,<br />

supports the Steering Group.<br />

The Action Plan sets out an implementation<br />

mechanism that has brought about tangible progress<br />

towards establishing sustainable safeguards against<br />

corruption since its adoption in late 2001. The<br />

mechanism foresees three main ways to support<br />

members’ efforts to achieve the Action Plan’s high<br />

standards: fostering policy dialogue and measuring<br />

progress; providing analysis to support the policy<br />

dialogue; and capacity building to enable members<br />

to thoroughly implement the reforms. Strong<br />

partnerships between member countries and with<br />

relevant regional and international organizations<br />

underpin these mechanisms.<br />

United Nations Convention against <strong>Corruption</strong><br />

(UNCAC)<br />

The convention was adopted by the UN General<br />

Assembly via its resolution 58/4 on 31 October<br />

2003. It has been signed by 140 countries since 9<br />

December 2003. Malaysia signed it on that date.<br />

Malaysia signed the instrument of ratification on<br />

17 September 2008 and deposited it to UN on<br />

25 September 2008 during the 63rd UN General<br />

Assembly. The UNCAC ratification by Malaysia is<br />

a testimony of the government’s commitment in<br />

promoting and strengthening measures to combat<br />

corruption at domestic, regional and global level,<br />

in line with the national agenda to make ethics and<br />

integrity an integral part of the society’s norm and<br />

culture. It also reflects Malaysia’s intention to be a full<br />

convention member and be proactive in combatting<br />

corruption. The convention came into force on 14<br />

December 2005 after 30 states ratified it. All together,<br />

there are 71 articles contained in the convention.<br />

The main convention protocols of UNCAC cover<br />

areas of prevention of corruption, criminalisation of


18<br />

Public Private Partnership in <strong>In</strong>tegrity Enhancement and <strong>Anti</strong>-<strong>Corruption</strong> <strong>Measures</strong><br />

corrupt offenders, international cooperation on anticorruption<br />

and asset recovery.<br />

Conference of the State Parties to UNCAC was<br />

established pursuant to article 63 of the convention<br />

to improve the capacity of and cooperation among<br />

state parties to achieve objectives set forth in UNCAC<br />

and to promote and review its implementation.<br />

APEC <strong>Anti</strong>-<strong>Corruption</strong> and Transparency Experts<br />

Task Force (ACT)<br />

APEC Economic Leaders put fighting corruption on<br />

their agenda in 2003 in Bangkok. The decision was<br />

taken to set up a task force under Senior Officials<br />

to specifically steer APEC anti-corruption activities,<br />

and the ACT was established in 2005. Prior to the<br />

establishment of the ACT, ACA Malaysia played an<br />

important and active role in the APEC Meeting of <strong>Anti</strong>-<br />

<strong>Corruption</strong> Experts in September 2004 in Santiago,<br />

Chile, to formulate the APEC Course of Action on<br />

Fighting <strong>Corruption</strong> and Ensuring Transparency. ACA<br />

Malaysia has been a member to this meeting since<br />

then.<br />

Main focuses of the ACT are to: encourage members<br />

to take all appropriate steps towards ratification of,<br />

or accession to, and implementation of the UNCAC;<br />

strengthen measures to effectively prevent and fight<br />

corruption and ensure transparency; deny safe haven<br />

to officials and individuals guilty of public corruption;<br />

fight both public and private sector corruption; forge<br />

public-private partnership in fighting corruption<br />

and ensuring transparency; cooperate with APEC<br />

member economies to combat corruption and ensure<br />

transparency in the region.<br />

<strong><strong>In</strong>ternational</strong> Association of <strong>Anti</strong>-<strong>Corruption</strong><br />

Authorities (IAACA)<br />

The establishment of the <strong><strong>In</strong>ternational</strong> Association of<br />

<strong>Anti</strong>-<strong>Corruption</strong> Authorities (IAACA) was initiated at<br />

the High-Level Political Conference for the Purpose<br />

of Signing the United Nations Convention against<br />

<strong>Corruption</strong> (UNCAC) in Merida, Mexico in December<br />

2003. It has since received enthusiastic support<br />

among the various anti-corruption authorities in many<br />

countries and international organizations, as well as<br />

special assistance of the United Nations Office on<br />

Drugs and Crime (UNODC) at Vienna.<br />

<strong>In</strong> the informal consultations on the establishment<br />

of an international association of anti-corruption<br />

authorities at the UN Office in Vienna in April 2006,<br />

representatives from international organizations and<br />

anti-corruption authorities in Argentina, Azerbaijan,<br />

France, Germany, <strong>In</strong>dia, Japan, Korea, Latvia,<br />

Malaysia, Namibia, Netherlands, Pakistan, Romania,<br />

Singapore, South Africa, Uganda, United Kingdom<br />

and United States of America, as well as the leaders<br />

of the UNODC, gave their unanimous support to the<br />

establishment of the IAACA.<br />

ACA Malaysia has been one of the founding members<br />

of this association since 2005. The Director General<br />

of ACA Malaysia is a member of its Executive<br />

Committee. The First Annual Conference and General<br />

Meeting of IAACA were held in Beijing from 22nd to<br />

26th, October, 2006. About 1000 delegates from<br />

137 countries and 12 international organizations<br />

participated in the event. Among them, more than<br />

250 were officials of deputy minister level or above.<br />

The President of the People’s Republic of China,<br />

His Excellency Mr. Hu Jintao, attended the opening<br />

ceremony of the Conference and delivered a speech.<br />

A formal Declaration was passed at the closing<br />

ceremony of the Conference.<br />

IAACA aims at facilitating the implementation of<br />

UNCAC, consolidating international cooperation to<br />

combat corruption, promoting measures for prevention<br />

of corruption in both public and private sectors,<br />

and facilitating the exchange and dissemination of<br />

expertise and experience.<br />

Conclusion<br />

All initiatives that ACA Malaysia participates in carry<br />

the same mandate – to eradicate corruption, enhance<br />

integrity and ensure transparency. The work towards<br />

these aims requires all nations to form a specific<br />

entity. These initiatives encourage cooperation among<br />

members, sharing best practices and information to<br />

criminalise all forms of corruption. Being a member<br />

to these initiatives provides ACA Malaysia numerous<br />

advantages in its daily operations. These advantages<br />

enable the agency to improve its effectiveness and<br />

efficiency.<br />

NOTE : This article was published in ‘The Enhancement of <strong>In</strong>tegrity and <strong>Anti</strong>-<strong>Corruption</strong><br />

<strong>Measures</strong>’ by Private Sector Division, Malaysian <strong>In</strong>stitute of <strong>In</strong>tegrity.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!