ADB/OECD Anti-Corruption Initiative for Asia and the Pacific and Kingdom of Cambodia www.oecd.org/corruption/asiapacific 19th Steering Group Meeting Phnom Penh, Cambodia, 2 September 2014 StG19-6 Compilation of Written Reports of Steering Group Members on UNCAC Implementation and Other Specific Topics in the Anti- Corruption Field At each annual Steering Group meeting, members 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. This document consolidates all reports that were submitted to the Secretariat for the 18th Steering Group Meeting. Bangladesh ..................................................................................................................................... 2 Bhutan ............................................................................................................................................ 8 Hong Kong, China ......................................................................................................................... 17 Indonesia ...................................................................................................................................... 30 Korea ............................................................................................................................................ 37 Macao, China ................................................................................................................................ 46 Malaysia........................................................................................................................................ 55 Mongolia ....................................................................................................................................... 69 Nepal ............................................................................................................................................ 84 Philippines .................................................................................................................................... 88 Singapore ................................................................................................................................... 108 Sri Lanka ..................................................................................................................................... 118 Thailand ...................................................................................................................................... 124 Timor-Leste ................................................................................................................................. 150 Vietnam....................................................................................................................................... 158 1 ADB/OECD Anti-Corruption Initiative for Asia and the Pacific and Kingdom of Cambodia Bangladesh Bangladesh A. UNCAC Chapter II: Preventive Measures UNCAC Provisions: Art. 5: Preventive anti-corruption policies and practices Art. 6: Preventive anti-corruption body or bodies Art. 7: Public sector Art. 8: Codes of conduct for public officials Art. 9: Public procurement and management of public finances Art.10: Public reporting Art 11: Strengthen integrity and to prevent opportunities for corruption among members of the judiciary. Such measures may include rules with respect to the conduct of members of the judiciary. Art.12: Private sector Art. 13: Participation of society Art. 14 : Measures to prevent money-laundering 1. Measures Undertaken to Implement UNCAC provisions since the 18th Steering Group Meeting in July 2013 The government has taken decision to upgrade the Wing of the Cabinet Division with added manpower for implementation of NIS; Meetings of the Advisory Council headed by the Honorable Prime Minster and its Executive Committee have been held; Training programs have been organized for the heads of ethics committees and focal points of all the ministries; A seminar has been organized with senior officials for introducing a full-fledged performance management system in the government offices; The Cabinet Division has conducted a research on the implementation status of NIS in different ministries of the Government; The Cabinet Division has cooperated with Transparency International Bangladesh (TIB) in their research on NIS implementation in private and public sectors; In an effort to enhance accountability and to improve service delivery in the field administration, the government has issued a circular requiring the head of offices to conduct public hearing on a regular basis; The Ministry of Public Administration has taken initiatives to formulate code of conducts for public servants by revising the existing conduct rules; With a view to facilitating proactive disclosure of public information, the Government has launched on June 2014 the National Web Portal containing more than 25 thousand websites for the Government offices; With the assistance of Development Partners, the National Integrity Implementation Unit at the Cabinet Division has been strengthened. 2 ADB/OECD Anti-Corruption Initiative for Asia and the Pacific and Kingdom of Cambodia Bangladesh 2. Measures Being Planned to Implement UNCAC provisions A project is under implementation for automation of the Grievance Redress System (GRS); Regular submission of wealth-statement by the Government employees has been made obligatory; Creation of an office of the Ombudsmen; Digitization of land records system for better land management and reduction of land related disputes; Training for the innovation officers and the innovation team members. 3.Issues, Challenges and Constraints in the Implementation of UNCAC provisions Implementation of the action plans of the NIS in all the 16 state and non-state institutions; Update and proper implantation of conduct rule for official; Adoption of a code of conduct for the Members of Parliament; Specify qualification for appointment of the Supreme Court judges; Ensuring their transparency and accountability in the private sector organizations and motivating them to introduce a culture of moral and ethical practices. 4. Capacity Building Seminar Topics and Training Needs to Strengthen the Implementation of Chapter II Sensitizing the media, NGOs, educational institutions, private sector and political parties about NIS; Capacity development of officers working with the implementation of the NIS; Seminar and opinion sharing meetings with stakeholders at ministry and field administration; Experience sharing with other countries. B. UNCAC Chapter III: Criminalization and Law Enforcement UNCAC Provisions: Art. 15: Article 15. Bribery of national public officials Art. 16: Bribery of foreign public officials and officials of public international organizations Art. 17: Embezzlement, misappropriation or other diversion of property by a public official Art. 18: Trading in influence Art. 19: Abuse of functions Art. 20: Illicit enrichment Art. 21: Bribery in the private sector Art. 22: Embezzlement of property in the private sector 3 ADB/OECD Anti-Corruption Initiative for Asia and the Pacific and Kingdom of Cambodia Bangladesh Art. 23: Laundering of proceeds of crime Art. 24: Concealment Art. 25: Obstruction of justice Art. 26: Liability of legal persons Art. 27: Participation and attempt Art. 28: Knowledge, intent and purpose as elements of an offence Art. 29: Statute of limitations Art. 30: Prosecution, adjudication and sanctions Art. 31: Freezing, seizure and confiscation Art. 32: Protection of witnesses, experts and victims Art. 33: Protection of reporting persons Art. 34: Consequences of acts of corruption Art. 35: Compensation for damage Art. 36: Specialized authorities Art. 37: Cooperation with law enforcement authorities Art. 38: Cooperation between national authorities Art. 39: Cooperation between national authorities and the private sector Art. 40: Bank secrecy Art. 41: Criminal record Art. 42: Jurisdiction 1. Measures Undertaken to Implement UNCAC provisions since the 18th Steering Group Meeting in July 2013 Bangladesh has revised the Anti-Terrorism Act for further tightening up of the measures for prevention of funding in terrorist activities; A law has been promulgated prohibiting Multi-Level Marketing business; A committee has been formed in the Bangladesh Bank for proper implementation of the Money Laundering Prevention Act 2012; The government is planning to provide institutional supports to the informants under the Whistle Blower Protection Act 2009. Initiative has been taken to improve police-citizen ratio. 2. Measures Being Planned to Implement UNCAC provisions Creation of permanent of attorney service instead of ad-hoe appointment of prosecution officials on political consideration; The government is taking measures to ensure the accountability of the judges 4 ADB/OECD Anti-Corruption Initiative for Asia and the Pacific and Kingdom of Cambodia Bangladesh 3. Issues, Challenges and Constraints in the Implementation of UNCAC Provisions Separation of investigation and enforcement departments in the police; Ensuring accountability of law-enforcement agencies; Bringing law enforcement agencies under wider coverage of NIS; Timely disposal of cases in the courts; 4. Capacity Building Seminar Topics and Training Needs to Strengthen the Implementation of Chapter III Special seminar may be arranged with the concerned departments on the issue of law enforcement agencies;