Transcript Slide 1
APEC Healthcare Stakeholders Awareness
High-Level Meeting
The Role of Government in
Encouraging a High Standard of
Ethics in the Healthcare Sector
Dato' Sutinah binti Sutan
Deputy Chief Commissioner
Malaysian Anti-Corruption Commission
Anti-Corruption Strategies in Healthcare
Sector – the Role of the Government
• overcome/reduce corruption
• eliminate its root causes and
the conditions conducive of
its proliferation
• build a sound moral
environment
GOVERNMENT
oversight
- MOH
- MACC
- education,
training
HEALTH CARE
PROFESSIONAL
associations [eg: MMA, MOPI]
- by-laws
- code of ethics
INDUSTRY
healthcare providers,
hospitals, GP clinics
- CIP, IP
Effective Implementation
of Anti-Corruption Measures
– Malaysian Experience
1. Strong Laws
a. Malaysian Anti-Corruption Commission Act
b. Penal Code
c. Election Offences Act
→ criminalize acts of bribery & corruption
→ set-up an independent anti-corruption
commission (ie. MACC)
→ enough powers
→ denying safe haven for corruptors
d. Anti-Money Laundering and Terrorist
Financing Act
→ asset recovery
e. Mutual Assistance in Criminal Matters Act
→ technical assistance and information
exchange
f. Whistleblower Protection Act
g. Witness Protection Act
3.
Current Preventive Tools
THE CORPORATE INTEGRITY PLEDGE –
Voluntary unilateral declaration binding
companies to uphold anti-corruption principles
WILL NOT COMMIT CORRUPT ACTS;
WILL WORK TOWARDS CREATING A BUSINESS
ENVIRONMENT THAT IS FREE FROM
CORRUPTION; AND
WILL UPHOLD THE ANTI-CORRUPTION
PRINCIPLES FOR CORPORATIONS IN MALAYSIA IN
THE CONDUCT OF ITS BUSINESS AND IN ITS
INTERACTIONS WITH ITS BUSINESS PARTNERS
Anti-Corruption Principles
1
COMMITTING
to promote good corporate
governance, transparency,
accountability and
values of integrity
4
2
3
STRENGTHENING
internal systems that
support corruption
prevention
COMPLYING
with laws, policies and
procedures relating to
fighting corruption
FIGHTING
any form of
corrupt practice
5
5
SUPPORTING
corruption prevention
initiatives by the
Malaysian Government
and the MACC
INTEGRITY PACT
“an agreement between the Principal or the
project owner and all bidders of a public/private
sector contract”
Ministry of Finance issued Integrity Pact directive on
1.4.2010
- tool for preventing corruption in procurement based
from Transparency International model
- agreement between the government agency offering a
contract and the companies bidding for it
- commitment to abstain from bribery, collusion and
other corrupt practices for the extent of the contract
- accountability & transparency through monitoring
system
Addressing corruption issues:
ENTERPRISE ANTI-CORRUPTION POLICIES
AND GUIDELINES
GIFT RECEIVING
POLITICAL CONTRIBUTIONS
CHARITABLE CONTRIBUTIONS/
SPONSORSHIP
FACILITATION PAYMENTS
HOSPITALITY/ENTERTAINMENT EXPENSES
CONFLICT OF INTEREST
REFERRAL POLICY
CORPORATE SOCIAL RESPONSIBILITY
OTHER PREVENTIVE TOOLS AND METHODS
• ANTI-CORRUPTION CLAUSE ON TENDER
DOCUMENTS [as an early reminder to bidders not to
involve in corrupt activities while procuring tender]
• MOF Circular Letter on Punishment for
companies violating procurement rules and
regulations –
[Withdrawal of Tender, Blacklisting, Forfeiture of Bon]
• Government Guidelines on “Support Letters”
[Formal guidance to free civil servants from undue
pressure from persons of influence]
• Government Circular on Rewards for Public
Officials Reporting on Corruption
• Requirement to have Code of Business Ethics
when applying for government grants or loans.
4. MONITORING
Existing Mechanism:
1. CIP Monitoring Team headed by the MACC
2. Relevant Regulators
- Pharmacy Enforcement Division (MoH)
- National Pharmaceutical Control Bureau
- Medical Device Enforcement Division
•
•
•
Periodic assessment
Checks on Compliance
Consultation with CIP Monitoring Team
5. TRAINING & EDUCATION
Training of high-standard principles for ethical
business practices
Requirement under CIP & IP Programmes
Implementation
Program will provide trainers with the skill set
and tools to conduct training in their own
economies
In partnership with MACC, Malaysian Institute
of Integrity (IIM) and regulatory bodies.
THANK YOU
www.sprm.gov.my