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Compilation of Written Reports by Steering Group Members on Recent Developments and Activities ADB/OECD Anti-Corruption Initiative for Asia and the Pacific and the Royal Government of Bhutan www.oecd.org/corruption/asiapacific 21st Steering Group Meeting – Thimphu, Bhutan 8 November 2016 StG21-6 st 21 Steering Group Meeting ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Hosted by the Government of Bhutan 8 November 2016 Thimphu, Bhutan Compilation of Written Reports by Steering Group Members on Recent Developments and Activities At each Steering Group meeting, countries and jurisdictions of the ADB/OECD Anti-Corruption Initiative for Asia and the Pacific report on their recent anti-corruption reforms and progress made since the previous Steering Group meeting. The reports are submitted to the Secretariat before the Steering Group meeting that is held once a year. The Secretariat consolidates the reports for presentation and discussion during the annual Steering Group meeting. The Steering Group meeting focuses on items and issues on which participants wish to seek the views or advice of other members. Page 1 of 169 ADB/OECD Anti-Corruption Initiative for Asia and the Pacific and the Royal Government of Bhutan www.oecd.org/corruption/asiapacific 21st Steering Group Meeting – Thimphu, Bhutan 8 November 2016 COUNTRY REPORTS Australia………………………………………………………………………………………………..3-7 Bhutan ......................................................................................................... ………………….8-15 Bangladesh………………………………………………………………………………………….16-25 Cambodia ............................................................................................................................26 -34 Cook Islands .......................................................................................................................35 -40 China, People’s Republic of ................................................................................................41 -47 Hong Kong, China ................................................................................................................48 -62 Indonesia ............................................................................................................................63 -72 Korea, Republic of ………………………………………………………………………………....72-81 Kyrgyz Republic…………………………………………………………………………………….82-84 Macao, China .......................................................................................................................8 5-93 Malaysia.............................................................................................................................94 -101 Mongolia ..........................................................................................................................102 -113 Nepal ...............................................................................................................................114 -118 Philippines .........................................................................................................................119-128 Singapore ........................................................................................................................ 129-139 Sri Lanka ..........................................................................................................................1 40-144 Thailand ...........................................................................................................................145 -153 Timor-Leste ......................................................................................................................1 54-161 Viet Nam ..........................................................................................................................1 62-169 Page 2 of 169 ADB/OECD Anti-Corruption Initiative for Asia and the Pacific and the Royal Government of Bhutan www.oecd.org/corruption/asiapacific 21st Steering Group Meeting – Thimphu, Bhutan 8 November 2016 AUSTRALIA Australia’s Anti-Corruption Update Australia is pleased to provide an update on key anti-corruption developments since the previous Steering Group meeting in November 2015. UK Anti-Corruption Summit In May 2016, the Australian Minister for Justice, the Hon Michael Keenan MP, attended the UK Anti-Corruption Summit. Australia developed a strong package of commitments for the Summit, including: • committing to help establish the new International Anti-Corruption Coordination Centre within the UK’s National Crime Agency, to streamline and focus international cooperation in cases of grand corruption with international dimensions • joining the Extractive Industries Transparency Initiative, an international model for increased transparency and accountability in the oil, gas and mining sectors • providing further funding to support partnerships in the Pacific, Southeast Asia and South Asia to strengthen implementation of the United Nations Convention against Corruption. • a new Government Business Roundtable on Corruption to provide a forum for government-business cooperation and consultation on anti-corruption work and areas for reform, and • exploring, via public consultation, options for a public beneficial ownership register for companies. Further details are available in the Minister for Justice’s media release, available online here: www.ministerjustice.gov.au/Mediareleases/Pages/2016/SecondQuarter/UK-Anti-Corruption-Summit.aspx Australia’s full country commitment is available online here: www.gov.uk/government/uploads/system/uploads/attachment_data/file/522699/Australia.pdf Page 3 of 169 ADB/OECD Anti-Corruption Initiative for Asia and the Pacific and the Royal Government of Bhutan www.oecd.org/corruption/asiapacific 21st Steering Group Meeting – Thimphu, Bhutan 8 November 2016 Open Government Partnership In November 2015, the Australian Prime Minister, the Hon Malcolm Turnbull MP, announced that Australia would finalise its membership of the Open Government Partnership (OGP). The OGP is a multilateral initiative established in 2011. It aims to secure concrete commitments from governments to promote transparency, empower citizens, fight corruption and harness new technologies to strengthen governance. Over the past year, the Australian Government has worked closely with civil society to develop commitments for Australia’s first National Action Plan – a core requirement of the OGP. On 31 October 2016, the Government released a draft National Action Plan for public comment. The draft Plan sets out an ambitious agenda for the next two years. It includes 14 commitments to improve transparency, accountability, public participation, and drive forward the open data and digital transformation agendas. These are important steps to build confidence in Australian institutions and strengthen our democracy. Some of the notable new initiatives in the draft Plan include: • consulting on reform options to harmonise whistle-blower protections in the corporate sector with those in the public sector, to encourage people to report corruption, waste, fraud and misconduct • considering reforms to freedom of information and other relevant laws to make the frameworks for managing and accessing government information simpler and fit for the digital age • building the public’s trust in open data by engaging with the community and improving the way government agencies manage risks around privacy, and • strengthening our national anti-corruption and integrity framework to ensure we maintain high standards of conduct within government. The Government will submit the final National Action Plan to the OGP before the end of 2016. Page 4 of 169 ADB/OECD Anti-Corruption Initiative for Asia and the Pacific and the Royal Government of Bhutan www.oecd.org/corruption/asiapacific 21st Steering Group Meeting – Thimphu, Bhutan 8 November 2016 False accounting offences and other measures In February 2016, the Australian Parliament passed the Crimes Legislation Amendment (Proceeds of Crime and Other Measures) Act 2015. The Bill amended existing legislation to improve and clarify Commonwealth criminal justice arrangements, including by: • amending the Criminal Code to insert two new offences of false dealing with accounting documents • amending the Proceeds of Crime Act to clarify the operation of the non-conviction based proceeds of crime regime in response to recent court decisions, and • clarifying and addressing operational constraints identified by law enforcement agencies with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, and expanding the list of designated agencies authorised to access AUSTRAC information to include the Independent Commissioner Against Corruption of South Australia. Amendment to foreign bribery offence In November 2015, the Australian Parliament passed the Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015. This amended Australia’s foreign bribery offence to clarify that proof of an intention to influence a particular foreign public official is not necessary to achieve a foreign bribery conviction. Australia‘s implementation of the Convention was reviewed in 2012 by the OECD Working Group on Bribery. The examiners for this review noted that Australia’s foreign bribery offence (Division 70.2 of the Criminal Code Act 1995) could be construed in a way that would require the prosecution to prove the intention to bribe a particular foreign official. They recommended that Australia clarify that this is not a requirement of the foreign bribery offence. It is not intended that the foreign bribery offence require proof of an intention to bribe a specific foreign public
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