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Enhancing International Cooperation Against Corruption: Malaysia Experience

Enhancing International Cooperation Against Corruption: Malaysia Experience. ICAC SYMPOSIUM HONG KONG 10 MAY 2012. Dato’ Sri Abu Kassim Mohamed Chief Commissioner Malaysian Anti-Corruption Commission. What does International Cooperation entails? Extradition –Article 44

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Enhancing International Cooperation Against Corruption: Malaysia Experience

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  1. Enhancing International Cooperation Against Corruption: Malaysia Experience ICAC SYMPOSIUM HONG KONG 10 MAY 2012 Dato’ Sri Abu Kassim Mohamed Chief Commissioner Malaysian Anti-Corruption Commission

  2. What does International Cooperation entails? • Extradition –Article 44 • Transfer of sentenced Persons-Article 45 • Mutual Legal Assistance-Article 46 • Transfer of criminal proceedings-Article 47 • Law Enforcement cooperation-Article 48 • Joint Investigation –Article 49 • Special Investigative techniques-Article 50 UNCAC Chapter IV Articles 43-50

  3. Transnational Bribery Investigated before 2002: • RMAF-Northrop Corporation Case (1971-1974) USD177,473 (1/3 of commission) solicited by Group Captain (then Wing Commander) of RMAF for purchase of sixteen(16) F-5 Fighter Jets at USD 39 Million.

  4. Transaction of Bribe in the RMAF-Northrop Case Bribe solicited by accused through Northrop agent in Malaysia Northrop Corporation US Swiss Bank Zurich Chase Manhattan Bank Singapore Accused – paid in Cash USD 58,350.00

  5. PUNB US$5 Billion BOND SCANDAL PUNB (Perbadanan Usahawan Nasional Berhad or National Entrepreneur Corporation Ltd) –Issuance of US $5 billion of Corporate Bond by its former CEO for purpose of investment in the British Virgin Islands by an a London-based investment consultant without the approval of the Board. Assistance to obtain evidence in London was accorded by the London Metropolitan Police Service in 2001. Three key witnesses were located in London and had their statements taken by the MACC (then ACA) at the Malaysian Embassy. No MLA instrumentalities were involved throughout the investigation until the suspect was charged.

  6. LAW ENFORCEMENT COOPERATION (INFORMAL) PUNB Corporate Bond Scandal

  7. Perwaja RM 76.4 million Scandal Transnational Bribery Investigated before and after 2002 CEO of Perwaja Steel Mill was charged for Criminal Breach of Trust ¥2,981,580,000 or RM76.4 million between 1994 and 1995 allegedly as “fee” for technical assistance rendered by a Japanese company known as NKK Corporation in relation to the erection and construction of a “Beam and Section mill Plant Project” in Malaysia.

  8. Perwaja Case: Money Trail Malaysia ¥ 2,891,580,000 Hong Kong (Frilsham Enterprise)¥2,890,130,210(after deduction of bank charges) on 25 Feb 94) Paid supposedly as fee for technical assistance to NKK Corp on 18 Feb 94 Money withdrawn and remitted to Geneva in 3 Bank Accounts: ¥ 2,486,260,00 (Calyon Corp).1 March 94) + ¥ 143,680,210 (A/C of Yuji Maeda)+¥ 260,190,000 ( Waterfront/Borneo Enterprise) Zurich ¥ 2,294,600,000 (7 -8 March 94) Sitar Investment Ltd & Lotus Development Inc. Foreign Bank in Singapore (A/C of family member)

  9. MUTUAL LEGAL ASSISTANCE IN THE PERWAJA CASE

  10. FORMAL (MLAR) VS INFORMAL (INTER-AGENCY) REQUEST Requesting Anti-Corruption Agency. Requesting Foreign Anti-Corruption Agency AG Chamber Office. Foreign Ministry. (Sender) Foreign Ministry (Receiver). Requested Foreign Anti Corruption Agency Foreign Ministry of Justice/AG Chamber. Instruction given to relevant enforcement agency /court Approx 2 weeks– 3 mth Approx 10 mth Request has been fulfilled Fulfillment of request made Foreign Ministry of Justice/AG Chamber. Foreign Ministry (Receiver). Foreign Ministry. (Sender) Requesting Foreign Anti-Corruption Agency AG Chamber Office. (sender) Requesting Anti-Corruption Agency.

  11. SUMMONS AND WARRANTS ACT 1971 Extradition Arrangements for Malaysia, Singapore and Brunei- CASE 1

  12. SUMMONS AND WARRANTS ACT 1971 Extradition Arrangements for Malaysia, Singapore and Brunei- CASE 2

  13. SUMMONS AND WARRANTS ACT 1971 Extradition Arrangements for Malaysia, Singapore and Brunei- CASE 3

  14. MUTUAL LEGAL ASSISTANCE ON INVESTIGATION BY MACMA BRANCH FOR THE YEAR 2010 The MLA requests below pertain only to investigation of corruption offences unless indicated with (*)

  15. *Note MLA Requestpertaining to Anti-Money Laundering Offences

  16. Mutual Legal Assistance and Non Mutual Legal Assistance CASE 1

  17. Non Mutual Legal Assistance CASE 2

  18. To carry out operations (surveillance, sting operations, investigation- gathering of evidence and arrest.) Joint Investigation Teams

  19. JOINT INVESTIGATIONS AND SPECIAL INVESTIGATIVE TECHNIQUES

  20. JOINT INVESTIGATIONS AND SPECIAL INVESTIGATIVE TECHNIQUES

  21. Joint Investigation: MACC and Australian Federal Police • L Polymer Note Printing Contract involving Malaysian Central Bank and Note Printing Australia ( A subsidiary of Australian Reserve Bank) in 2009 • In 2010 MACC has initiated a Joint Investigation with Australian Federal Police (AFP) • AFP officer being attached with MACC to work on the case and gather intelligence information • The focus of Joint Investigation is to assist investigation as well as preparation of Mutual Legal Assistance request to be submitted at later stage • Finally MACC has charged an agent as well as former senior officer of Malaysian Central Bank under Anti Corruption Act 1997 • AFP on the other hand managed to charge 7 senior officers of Securency and Note Printing Autralia as well as the companies themselves under Bribery of Foreign Public Officer offence.

  22. Experts from State parties – to be invited to share knowledge and skills; • Exchange programmes-Officers of anti-corruption bodies to be given opportunities for training/attachment of other State parties; • Sharing of Best practices Capacity and Capability Building

  23. MACA, as our commitment to the international community in combating corruption, has conducted several international courses based on Investigation, Prosecution, Intelligence, and Prevention techniques and skills. • Types MACA International courses : 1.Scheduled Courses conducted on a yearly basis 2.Tailored Courses –conducted upon request by other international/regional anti-corruption agencies (E.g. Government Inspectorate of Vietnam; Kazakhstan; Independent Commission Against Corruption Fiji; High Office on Anti-Corruption Afghanistan; Bhutan Anti-Corruption Commission Officers The Role of MACA

  24. MACA-EUPOL AFGHANISTAN Management and Prosecution Training 13 - 22 February 2012

  25. MACA-EUPOL AFGHANISTAN Management and Prosecution Training 13 - 22 February 2012

  26. MACA - BHUTAN ANTI-CORRUPTION COMMISSION Basic Training 16 May – 3 June 2011

  27. MACA - BHUTAN ANTI-CORRUPTION COMMISSION Basic Training 16 May – 3 June 2011

  28. MACA – FICAC FIJI (2010)

  29. FUTURE COLLABORATION

  30. Edmund Burke in 1770 wrote in “Thoughts on the Cause of the Present Discontents” that “when bad men combine, the good must associate; else they will fall, one by one, an unpitied sacrifice in a contemptible struggle” This attribute to the statement that “The only thing necessary for the triumph of evil is for good men to do nothing”

  31. End Thank You

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