KOTA KINABALU: The Malaysian Anti-Corruption Commission (MACC) is considering implementing the Deferred Prosecution Agreement (DPA) - a legal framework used in the United States and the United Kingdom - to tackle large-scale corporate corruption cases.
However, its framework will be tailored to suit Malaysia's legal and regulatory environment.
MACC chief commissioner Tan Sri Azam Baki said the DPA allows for the postponement of prosecution based on specific settlements.
"This law, which we are currently studying, has been successfully applied in corporate cases, such as the Airbus case, where the Serious Fraud Office in the UK and France used the DPA, resulting in Airbus being fined around 6 billion euros," he told the media after officiating the Integrity, Governance, and Anti-Corruption (KITA) Convention 2024 at the Sabah International Convention Centre today.
Azam said the MACC is discussing the potential implementation of the DPA with the Attorney General's Chambers, but the framework will be tailored to suit Malaysia's legal and regulatory environment.
"We won't adopt it entirely, but we will benchmark it against the UK and the US," he said.
Azam believed introducing the DPA would positively impact Malaysia's Corruption Perception Index (CPI) ranking.
"To improve the CPI, it's not just about talk, we must take action. Committees and task forces have been formed, and we have engaged five consultants to assist in this effort. Respondents to the CPI survey are primarily from outside Malaysia, including expatriates and businesspeople," he said.
Azam said improving the business environment, reducing bureaucracy, and increasing government engagement with international stakeholders would also play a significant role in boosting Malaysia's CPI ranking.
"MACC's role is to enforce the law and improve governance within the public sector.
"If Malaysia is perceived as having severe corruption or ineffective law enforcement, it will affect other indexes. This is a perception index, so we need to work on reducing negative perceptions," he said.
Earlier in his speech, Azam said the commission still cannot take pride in its CPI position of 57th out of 180 countries with a score of 50/100.
"One of the efforts currently being made is the establishment of the CPI Special Task Force, chaired by the Chief Secretary to the Government and comprising relevant ministry secretaries-general, government departments and agencies, as well as a panel of experts from the private sector, media, and academia.
"The objective of this CPI Special Task Force is to find ways and recommend strategies to improve Malaysia's score and ranking in the CPI, in line with the target of placing Malaysia in the top 25 globally within the next 10 years, as outlined in the Mid-Term Review of the 12th Malaysia Plan."
As for the over 2,000 outdated law reforms, Azam said they need to be reviewed by the relevant agencies, which have ownership over them.
"For instance, the Election Offences. This was before independence. There are several provisions that may need to be reviewed.
"For example, Section 9, where it's an offence to hold a banquet during election campaigns. In my personal opinion, this is no longer a practical provision. Nowadays, having a banquet is a common occurrence."