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