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
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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
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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
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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