Transcript Malaysia Tan Sri Hj Abu Kassim bin Mohamed

Tan Sri Hj Abu Kassim bin Mohamed
Chief Commissioner of MACC
23 Nov 2013
Panama City
1
Rule of Law
2
1.
2.
3.
4.
5.
6.
7.
Effective Detection
Private Sector Corruption
Forensic Accounting
Public Confidence
Conviction Rate
Professionalism
Transparency
3
Opportunity: Transformation of ACA
4
BRIEF
Anti-Corruption Agency
1967
National Bureau of Investigation
1973
Anti-Corruption Agency
1982
Malaysian Anti-Corruption Commission 2009
5
MALAYSIAN ANTI-CORRUPTION
COMMISION
6
RCI
Recommendations
Team Based
Investigation
Pro-active
Investigation
PMO
Operations
Complaints
Management
Private Sector
Investigation
Legal
Forensic
Accounting
7
Phase 1:
Diagnostics &
Fact Finding
Phase 2:
Design
Phase 4: PMO
Phase 3:
Implementation
Q2 2013
(on going)
1st half
2012
Nationwide Survey
Workshops
Courses
Dialogue sessions
Staff Interviews
Revisit SOPs
(Continuing
Implementation)
2nd half 2012
Sept
2011
•
•
•
•
•
•
Exit Strategy
(Road Map)
Change Management
Task Force
•
•
•
•
•
•
Mar 2013
Gap Analysis
Benchmark Visits
Pilot Projects
International
Trainings
International
Trainers
New SOPs
8
•
•
•
•
•
•
Nationwide Rollout
Compliance Audit
More Training
Pilot Projects
Coordination with
HR
Talent Corp
Recruitment
Q4 2014
RCI
LEGAL
MTI
PSI
CMT
PROACTIVE
FAU
• Interviewing
Standards:
PEACE & Reid
Techniques
• Tighter
Search &
seizure SOP
• Revised
qualification
& training of
MACC
officers(now
12 mths)
• MACA
(additional
curriculum)
• Video
Interview
Rooms
• Treatment of
invited
persons-new
SOP
• Security
Features in
MACC offices
• Improved
procedures in
case
management
between IO
and DPP
• Steps taken
to address
and improve
success rate
of conviction
• Identified
gaps in the
law,
processes
and SOPs
• Plea Bargain
• Corporate
Liability
• Public
Misconduct
• Proposed
changes in
MACC Act
2009.
• New MTI
SOPs is in
place.
• MTI Tool Kit
• BGOS
• MTI Training
Kit
• Nationwide
rollout.
• Effective
team based
investigations
• Collaborated
with various
agencies for
transparent
and efficient
information
sharing.
• Conducted
private sector
training.
• Operational
Industries
Guideline
• Test case
• MACC in
improved
position to
carry out
private sector
investigations
(esp PLCs and
GLCs)
• Repositioning
of the
perception of
MACC as not
only focused
on public
sector
• Biometric
Access
System
installed in
most states.
• Complaint
Management
System in use
• SOPs issued
on CMS.
• Accurate and
real-time
online data,
with
appropriate
security
features for
record rooms
• Trained new
undercover
agents by
foreign expert.
• Updated SOP
on undercover
operations.
• Intel info
Centre in place
• Proposed
zoning and
centralization
of intelligence
operation
• Application of
integrity
testing
• Training in FBI
headquarters
• Forensic
Accounting
Department
approved by
JPA
• Conducted
Finance
based and
forensic
accounting
courses
• New SOPs.
• Recruited
Forensic
Accounting
expertise
• Important
contributor of
expertise in
investigations
• MACC in
improved
position for
finance based
investigations
9
10
11
PERIOD
2011
2012
No. of IPs
%
No. of IPs
%
< 1 Month
215
22.4%
160
19.73
1-3 Months
441
45.9%
407
50.12%
4-6 Months
233
24.1%
190
23.46%
7-9 Months
70
7.2%
46
5.70%
10-12 Months
8
0.8%
8
0.99%
TOTAL
967
100%
811
100%
12
Year 2008
Year 2009
Year 2010
Year 2011
Year 2012
Year 2013
26
12
1
1
2
0
13
14
LEGAL
-
Current law punishes individuals
-
Instructions from CEO or members of the Board of
Directors
-
Include provision to punish corporate organisations
To introduce this provision as a Common Law
Definition of the offence
The offence is committed when:

a public officer acting as such

wilfully neglects to perform his duty and/or wilfully
misconducts himself

to such a degree as to amount to an abuse of the
public's trust in the office holder
Agency
Year 2012
Year 2011
Year 2012
JKDM
28.2 Billion
30.8 Billion
32.4 Billion
LHDN
94.0 Billion
109.0 Billion
124.88 Billion
18
CASE INVOLVING MULTI NATIONAL COMPANY – SIME DARBY BERHAD
19
2
HUMAN CAPITAL
TRANSFORMATION
3
1
OUTCOME BASED
BUDGETING (2013)
“ GROWTH OF
CONFIDENCE LEVEL”
OPERATIONS
TRANSFORMATION
IMPLEMENTATION
PHASE
2013-2015
4
5
ESTABLISHMENT OF
STRATEGIC
MANAGEMENT
COMMITTEE
THE SET UP OF
PREVENTION PMO
20
OPERATIONS
Pre Event
(2008)
16 April 2008:
• Approval was
obtained from the
Cabinet Ministers
on the structural
changes of ACA to
MACC;
• Independent,
• transparent and
professional.
Post-Event
(2009-2011)
1 January 2009:
Establishment of
MACC
27 July 2009:
GTP (NKRA
Corruption) was
announced
November 2009:
Introduction of Big
Wins
July 2009:
TBH: Investigation is
seen as both not
transparent and
professional
January 2010:
The launching of
MACC
Aspiration 2010
27 July 2011:
The set up of JET
June 2010:
Strategic
Management (BNM)
Implementation
Stage 2012
Strategically
focused
Preparation of
Outcome Based
Budgeting (2013)
Outcome based
Performance
Shift changes
through leadership
April - July 2011:
Sarbani & RCI TBH:
Insistence on MACC
to be more
professional
HUMAN CAPITAL
Organization Mandate
Organization
& Structure
People &
Roles
Issues from Diagnostic
 Jobs are designed around rank and
civil service pay grades.
 Job requirement not linked to job
value contribution.
 HR system & processes is subject to
PSC and JPA governance framework,
e.g.: recruitment, promotion and
career progression criteria may not be
meeting MACC’s needs.
Leadership &
Culture
Performance
& Rewards
Solutions & Recommendations
 To migrate to a competency-based
human capital management system and reconfigure and develop new rulebook for all
human capital processes.
 To establish a full-fledge strategic HR
function which will be the custodian to
all human capital processes and
system.
 To source and staff highly competent
talents for Forensic, HR, Corporate
Communications and Legal.
PREVENTION
Executive
Transformation
Committee
PMO Prevention
Task Force
Based
Inspection
Political
Engagement
Corruption
Prevention In
Private Sector
Curriculum
Development
Civil Society
Engagement
Media &
Communication
Human
Capital
26
Service Lines
Roles &
Responsibilities
TASK FORCE
BASED
INSPECTION
CORRUPTION
PREVENTION
IN PRIVATE
SECTOR
CURRICULUM
DEVELOPMENT
1. Formulation of the Project Strategic
Plan
2. Gap Analysis
3. Benchmarking – Best Practices
4. Updating & Developing SOPs
5. Designing the structure &
Prevention tool kits;
6. To review, assess and analyze data,
and execute activities;
POLITICAL
ENGAGEMENT
CIVIL
SOCIETY
ENGAGEMENT
MEDIA &
COMMUNICATION
7. Connectivity with Human
Resource Team
8. To maintain regular
communication with stakeholders
and managing day-to-day
dealings;
9. To collaborate with Jawatankuasa
Eksekutif Transformasi (JET) to
ensure4/8/2015
deliverables of work
streams are met.
27
Roles & Responsibilities
1. To review the entire organizational structure of the Prevention sector
covering the Inspection and Consultancy Division / Community Education
Division / Strategic Communications Division of MACC;
2. To review the current systems and operations of Prevention sector of MACC;
3. To advise and recommend to the PMO Prevention and every service lines to
enhance methods and strategies on Prevention;
4. To monitor the implementation of structural reforms and operating system
of Prevention sector;
5. To determine the direction of human capital development of Prevention
sector;
6. To develop prevention capabilities in the private sector, civil society and
political aspect; and
7. To receive, review and endorse proposals of each service line on the
improvement of Prevention sector.
4/8/2015
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