Rule of Law and Anti-Corruption Challenges and Opportunities

1. Rule of Law and Anti-Corruption Challenges and Opportunities Tan Sri Hj Abu Kassim bin Mohamed Chief Commissioner of MACC 23 Nov 2013 Panama City

2. Rule of Law Every citizen is subject to Anti-Corruption law 2

3. CHALLENGES • Effective Detection • Private Sector Corruption • Forensic Accounting • Public Confidence • Conviction Rate • Professionalism • Transparency

4. Opportunity: Transformation of ACA 4

5. BRIEF HISTORY Anti-Corruption Agency 1967 National Bureau of Investigation 1973 Anti-Corruption Agency 1982 Malaysian Anti-Corruption Commission 2009 5

6. SPECIAL COMMITTEE ON CORRUPTION ANTI-CORRUPTION ADVISORY BOARD MALAYSIAN ANTI-CORRUPTION COMMISION COMPLAINTS COMMITTEE CONSULTATION AND CORRUPTION PREVENTION PANEL OPERATIONS REVIEW PANEL

7. PMO (O) : 7 SERVICE LINES

8. PMO (OPERATIONS): PROJECT DASHBOARDTHE TRANSFORMATION JOURNEY Q2 2013 Q4 2014 • Nationwide Survey • Workshops • Courses • Dialogue sessions • Staff Interviews • Revisit SOPs • Nationwide Rollout • Compliance Audit • More Training • Pilot Projects • Coordination with HR • Talent Corp Recruitment • Gap Analysis • Benchmark Visits • Pilot Projects • International Trainings • International Trainers • New SOPs

9. OPERATIONS TRANSFORMATION - ACHIEVEMENTS

10. LEVEL OF CONFIDENCE

12. Completion Rate of Investigation Papers

13. Use of Force Report Against MACC Officer

14. Video Interviewing Room (VIR)

15. LEGAL TRANSFORMATION

16. CORPORATE LIABILITY - Current law punishes individuals - Instructions from CEO or members of the Board of Directors - Include provision to punish corporate organisations

17. MISCONDUCT IN PUBLIC OFFICE 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

18. Significant Growth in Tax Revenue - Ops 3B Approx. RM13.25 = USD1.00

19. CASE INVOLVING MULTI NATIONAL COMPANY – SIME DARBY BERHAD

20. 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

21. OPERATIONS TRANSFORMATION

22. TRANSFORMATION PHASE Pre Event (2008) Post-Event (2009-2011) Implementation Stage 2012 27 July 2009: GTP (NKRA Corruption) was announced 1 January 2009: Establishment of MACC Strategically focused 16 April 2008: • Approval was obtained from the Cabinet Ministers on the structural changes of ACA to MACC; • Independent, • transparent and professional. Preparation of Outcome Based Budgeting (2013) July 2009: TBH: Investigation is seen as both not transparent and professional November 2009: Introduction of Big Wins Outcome based Performance June 2010: Strategic Management (BNM) January 2010: The launching of MACC Aspiration 2010 Shift changes through leadership April - July 2011: Sarbani & RCI TBH: Insistence on MACC to be more professional 27 July 2011: The set up of JET

23. HUMAN CAPITAL TRANSFORMATION

24. PEOPLE & ROLES Organization Mandate Organization & Structure People & Roles Leadership & Culture Performance & Rewards Issues from Diagnostic Solutions & Recommendations • 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. • To migrate to a competency-based human capital management system and re-configure 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.

25. PREVENTION TRANSFORMATION

26. PMO PREVENTION Executive Transformation Committee PMO Prevention Corruption Prevention In Private Sector Task Force Based Inspection Curriculum Development Human Capital Political Engagement Civil Society Engagement Media & Communication

27. TERMS OF REFERENCE Service Lines CORRUPTION PREVENTION IN PRIVATE SECTOR CIVIL SOCIETY ENGAGEMENT TASK FORCE BASED INSPECTION CURRICULUM DEVELOPMENT POLITICAL ENGAGEMENT MEDIA & COMMUNICATION Roles & Responsibilities • Formulation of the Project Strategic Plan • Gap Analysis • Benchmarking – Best Practices • Updating & Developing SOPs • Designing the structure & Prevention tool kits; • To review, assess and analyze data, and execute activities; • Connectivity with Human Resource Team • To maintain regular communication with stakeholders and managing day-to-day dealings; • To collaborate with Jawatankuasa Eksekutif Transformasi (JET) to ensure deliverables of work streams are met. 8/21/2014 27

28. 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. Roles & Responsibilities 28 8/21/2014 28

29. THANK YOU