The Malaysian Institute of Integrity (IIM) has organised a forum on Paving the Way Towards A Corrupt – Free Nation at Auditorium INTEGRITI today.
The forum which discussed the understanding of financial crime and how it leads to corruption and figuring out the right methods to eradicate financial crime in the fight against corruption. In addition, the implementation of integrity values in State-Owned Enterprises (SOEs) and finding ways to deter corruption in SOEs and the awareness of Section 17A of the MACC Act (Amendment) 2018 and how it protects commercial organisations against corporate liability .
In combating corruption, it is important to identify the crimes. Besides combatting corruption and preventing leakages, the steps within the mission must be taken out effectively such as fighting against financial crimes in the country,” says Dato’ Seri Mustafar Ali, Director General of the National Anti-Financial Crime Centre.
The implementation of the Corporate Liability provision under the new Section 17A of the Malaysian Anti-Corruption Commission (MACC) Act 2009 (Amendment 2018) on 1 June 2020, makes corporations liable to be prosecuted for corruption.
“Since Enterprises are registered under the Registration of Business Act and not in any of the definition under commercial organisation, State-Owned Enterprises would not be within the scope of corporate liability imposed by Section 17A of the MACC (Amendment) Act 2018. Although not within the imposition of Section 17A, in ensuring an environment free of corruption, there is a vital need for State-Owned Enterprises to also possess a mechanism that can deter them from any acts of corruption,” said Wan Saiful Wan Jan.
“There are numerous ways for enterprises to also ensure a zero-tolerance on corruption by establishing their own Anti-Corruption Plan that highlight a clear process towards preventing the act of corruption and viable ways to punish the wrongdoers of the organisation,” he added.
According to Nor’afiza Saim, organisations would have a form of defence by having adequate procedures in place to prevent any corrupt conducts. IIM can assist organizations by putting in place systems, procedures, tools to build the culture of good governance, high integrity and anti-corruption. Among the tools and systems that we have are Anti-Bribery Management Systems (ABMS), Corruption Risk Management (CRM), Organisational Anti-Corruption Plan (OACP), Individual Integrity Profile (IIP), Integrity Assessment Tool (IAT), Community Integrity Building (CIB) and Ethics and Integrity Training Programme.
“The commercial organisation is found liable under this Section 17A of the MACC Act 2009. The provision provides that the organisation, having adequate procedures, can raise it as a defence against corporate liability. In this regard, the organisation must prove that the necessary procedures were in place to prevent its employees or associates from undertaking corrupt practices,” she added.
This half day forum provides an avenue for participants especially leaders from both private and public sectors, to know that clear and comprehensive regulations are necessary to ensure anti-corruption efforts to become an integral part of the corporate culture at all levels and to outline current thinking on the best ways to seizing the mission of making Malaysia a corrupt – free country.
Featured in the forum were three panellists – Tan Sri Abu Kassim Mohamed, Director General of the National Centre for Governance, Integrity and Anti-Corruption; Dato’ Seri Mustafar Ali, Director General of The National Financial Crime Centre (NFCC); Wan Saiful Wan Jan, Chairman of the National Higher Education Fund Board (PTPTN) and moderated by Salihin Othman, Financial Controller Malaysia Deposit Insurance Corporation (PIDM).
