Tan Sri Hj Abu Kassim bin Mohamed Chief Commissioner of MACC 23 Nov 2013 Panama City 1 Rule of Law 2 1. 2. 3. 4. 5. 6. 7. Effective Detection Private Sector Corruption Forensic Accounting Public Confidence Conviction Rate Professionalism Transparency 3 Opportunity: Transformation of ACA 4 BRIEF Anti-Corruption Agency 1967 National Bureau of Investigation 1973 Anti-Corruption Agency 1982 Malaysian Anti-Corruption Commission 2009 5 MALAYSIAN ANTI-CORRUPTION COMMISION 6 RCI Recommendations Team Based Investigation Pro-active Investigation PMO Operations Complaints Management Private Sector Investigation Legal Forensic Accounting 7 Phase 1: Diagnostics & Fact Finding Phase 2: Design Phase 4: PMO Phase 3: Implementation Q2 2013 (on going) 1st half 2012 Nationwide Survey Workshops Courses Dialogue sessions Staff Interviews Revisit SOPs (Continuing Implementation) 2nd half 2012 Sept 2011 • • • • • • Exit Strategy (Road Map) Change Management Task Force • • • • • • Mar 2013 Gap Analysis Benchmark Visits Pilot Projects International Trainings International Trainers New SOPs 8 • • • • • • Nationwide Rollout Compliance Audit More Training Pilot Projects Coordination with HR Talent Corp Recruitment Q4 2014 RCI LEGAL MTI PSI CMT PROACTIVE FAU • Interviewing Standards: PEACE & Reid Techniques • Tighter Search & seizure SOP • Revised qualification & training of MACC officers(now 12 mths) • MACA (additional curriculum) • Video Interview Rooms • Treatment of invited persons-new SOP • Security Features in MACC offices • Improved procedures in case management between IO and DPP • Steps taken to address and improve success rate of conviction • Identified gaps in the law, processes and SOPs • Plea Bargain • Corporate Liability • Public Misconduct • Proposed changes in MACC Act 2009. • New MTI SOPs is in place. • MTI Tool Kit • BGOS • MTI Training Kit • Nationwide rollout. • Effective team based investigations • Collaborated with various agencies for transparent and efficient information sharing. • Conducted private sector training. • Operational Industries Guideline • Test case • MACC in improved position to carry out private sector investigations (esp PLCs and GLCs) • Repositioning of the perception of MACC as not only focused on public sector • Biometric Access System installed in most states. • Complaint Management System in use • SOPs issued on CMS. • Accurate and real-time online data, with appropriate security features for record rooms • Trained new undercover agents by foreign expert. • Updated SOP on undercover operations. • Intel info Centre in place • Proposed zoning and centralization of intelligence operation • Application of integrity testing • Training in FBI headquarters • Forensic Accounting Department approved by JPA • Conducted Finance based and forensic accounting courses • New SOPs. • Recruited Forensic Accounting expertise • Important contributor of expertise in investigations • MACC in improved position for finance based investigations 9 10 11 PERIOD 2011 2012 No. of IPs % No. of IPs % < 1 Month 215 22.4% 160 19.73 1-3 Months 441 45.9% 407 50.12% 4-6 Months 233 24.1% 190 23.46% 7-9 Months 70 7.2% 46 5.70% 10-12 Months 8 0.8% 8 0.99% TOTAL 967 100% 811 100% 12 Year 2008 Year 2009 Year 2010 Year 2011 Year 2012 Year 2013 26 12 1 1 2 0 13 14 LEGAL - Current law punishes individuals - Instructions from CEO or members of the Board of Directors - Include provision to punish corporate organisations 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 Agency Year 2012 Year 2011 Year 2012 JKDM 28.2 Billion 30.8 Billion 32.4 Billion LHDN 94.0 Billion 109.0 Billion 124.88 Billion 18 CASE INVOLVING MULTI NATIONAL COMPANY – SIME DARBY BERHAD 19 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 20 OPERATIONS Pre Event (2008) 16 April 2008: • Approval was obtained from the Cabinet Ministers on the structural changes of ACA to MACC; • Independent, • transparent and professional. Post-Event (2009-2011) 1 January 2009: Establishment of MACC 27 July 2009: GTP (NKRA Corruption) was announced November 2009: Introduction of Big Wins July 2009: TBH: Investigation is seen as both not transparent and professional January 2010: The launching of MACC Aspiration 2010 27 July 2011: The set up of JET June 2010: Strategic Management (BNM) Implementation Stage 2012 Strategically focused Preparation of Outcome Based Budgeting (2013) Outcome based Performance Shift changes through leadership April - July 2011: Sarbani & RCI TBH: Insistence on MACC to be more professional HUMAN CAPITAL Organization Mandate Organization & Structure People & Roles Issues from Diagnostic 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. Leadership & Culture Performance & Rewards Solutions & Recommendations To migrate to a competency-based human capital management system and reconfigure 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. PREVENTION Executive Transformation Committee PMO Prevention Task Force Based Inspection Political Engagement Corruption Prevention In Private Sector Curriculum Development Civil Society Engagement Media & Communication Human Capital 26 Service Lines Roles & Responsibilities TASK FORCE BASED INSPECTION CORRUPTION PREVENTION IN PRIVATE SECTOR CURRICULUM DEVELOPMENT 1. Formulation of the Project Strategic Plan 2. Gap Analysis 3. Benchmarking – Best Practices 4. Updating & Developing SOPs 5. Designing the structure & Prevention tool kits; 6. To review, assess and analyze data, and execute activities; POLITICAL ENGAGEMENT CIVIL SOCIETY ENGAGEMENT MEDIA & COMMUNICATION 7. Connectivity with Human Resource Team 8. To maintain regular communication with stakeholders and managing day-to-day dealings; 9. To collaborate with Jawatankuasa Eksekutif Transformasi (JET) to ensure4/8/2015 deliverables of work streams are met. 27 Roles & Responsibilities 1. 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. 4/8/2015 28 28 29