case study: bribery

The Situation

You are a procurement officer of a public agency.

Your main task is to assist your Director in calling contractors for bidding and tender for

government project.

A friend whom you had known for a long time called you up one day and among the conversation,

invited you and your spouse to join him at a posh hotel for a week holiday at a destination that you

have been longing for but could not afford it.

Would you take the invitation? Why?

BRIBERY OR GENEROUSITY?

Sean (Procurement Officer) strolling at the garden with his

beautiful wife, Hawa.

Mesranyaa baru kahwinnnn (romantik)They are just got married . Sean wanted to bring her wife

for a honeymoon, but he cannot afford the posh hotel where Hawa really wanted to go.

Mesranya!!

Suddenly, they are approach by a guy

Wow Honey,

let’s accept the offer! ^_______^

Akmal is offering Sean & his wife for a week holiday at posh hotel in Bora Bora

Island.

Membuat pertimbangan samada pergi atau tidak

Now, they are in dilemma whether to accept the offer or

not…

Si isteri cuba untuk memujuk suamiThe wife is trying to persuade her beloved husband to accept the offer.

Persuasion / Influence Session

The husband is very determined to not to accept

the offer.

Husband is trying to practice full integrity, and

saying no to the wife.

The wife later agree to comply.

Is the offer related to the bidding and tender

process? And is the offer come from one of the

contractor involved in the bidding process?

It is just an offer as a gift from a friend who the

person had known for a long time and not related

at all with the bidding and tender process?

If it is related to the bidding

process, so the offer will be

rejected.

Analyze the situation before

accepting the offer

What is the definition of a GIFT?

GIFT? Cash Money Free Fares Shares

Lottery Tickets

Travelling Facilities

Entertainment Expenses

Services

Club Membership

any form of commission

Hampers Jewellery

Decorative Items

Any item of high value

Section 3 of Malaysia Anti-Corruption Commission (MACC) Act 2009.

Considerations

RISK OF BEING CHARGED

UNDER BRIBERY ACT

If the intention had been to win the bid and receive the tender, Section 122 of the

Criminal Code (active bribery) would have been violated.

As a procurement officer of a public agency,there are several risk that were faced

Officer providing confidential information to a tenderer resulting in

an unfair advantage.

A procurement officer not declaring an existing

relationship or secondary employment with a tenderer for that

contract.

Two tenderers colluding with one submitting a 'dummy' bid and one a

genuine bid.

An employee colluding with a contractor to

falsify or inflate invoices.

Corruption Risk

Laws & Regulations

Offences

• MACC Act 2009 provide offences :

– Soliciting or receiving gratification under section 16 & 17(a) MACC Act 2009;

– Offering or giving gratification under section 17(b) MACC Act 2009;

– Intending to deceive (false claim) under section 18 MACC Act 2009;

– Using office or position for gratification under section 23 MACC Act 2009.

• Any person who commits an offence shall on conviction be liable to imprisonment for a term not exceeding 20 years and a fine of not less than 5 times the sum or value of the gratification or RM10,000 whichever is the higher under section 24 MACC Act 2009.

Failure To Report

MACC Act 2009 provide offences :– Any person who knows and fails to report an act of

giving and offering of gratification is committing an offence under section 25 (1) and (2) of the MACC Act 2009; a fine not exceeding RM100,000 or to imprisonment for a term not exceeding 10 years or to both;

– Any person who knows and fails to report an act of soliciting and obtaining of gratification is committing an offence under section 25 (3) and (4) of the MACC Act 2009; a fine not exceeding RM10,000 or to imprisonment for term not exceeding 2 years or to both.

Laws & Regulations

Laws & Regulations

Protection To Whistleblower

A whistleblower is one who informs the relevant authority in his/her view of an act of corruption.

• Whistleblower is protected under section 65 of the MACC Act 2009 as well as under the Whistleblower Protection Act 2010.

• A whistleblower who has witnessed a corruption activity will be considered as a witness and will be protected under the Witness Protection Act 2009.

References

• Gift Enquiry. Retrieved from: http://www.sprm.gov.my/hadiah.html?&lang=en. Retrieved on 5th Jan 2015

• Agriculture Department. Retrieved on January 6, 2015 from http://www.doa.gov.my/maklumat-kesalahan-rasuah-tatatertib

THANK YOU