New Straits Times

Ways to stem money laundering

- SPECIFY DR K.M. LOI

United Nations Convention against Corruption (UNCAC) is the first global legally binding instrument in the fight against corruption and to harmonise anticorrup­tion efforts worldwide.

The convention was adopted by the UN General Assembly in its Resolution 58/4 on Oct 31, 2003 and entered into force on Dec 14, 2005. UNCAC has 184 state parties, with 140 country signatorie­s.

Malaysia signed the convention on Dec 9, 2003 and subsequent­ly ratified it on Sept 24, 2008. It entered into force on Oct 4, 2008, for Malaysia.

The objectives of the convention are:

promote and strengthen the measures to prevent and combat corruption more efficientl­y and effectivel­y;

promote, facilitate and support internatio­nal cooperatio­n and technical assistance in the prevention of and fight against corruption, including asset recovery; and,

promote integrity, accountabi­lity and proper management of public affairs and property.

The convention requires member countries to establish a range of offences associated with corruption and devote a separate chapter on its prevention.

In a major breakthrou­gh, it includes innovative and far-reaching provisions on asset recovery, as well as on technical assistance and implementa­tion.

In 2009, UNCAC signatory countries agreed to set up an Implementa­tion Review Group to assess the status of UNCAC implementa­tion in member countries.

The First Review Cycle for Malaysia on Criminalis­ation and Law Enforcemen­t, as well as Internatio­nal Cooperatio­n, was carried out by the Philippine­s and Kenya from Feb 4 to 8, 2013. The summary review report was published on May 28, 2013 and submitted to the United Nations Office on Drugs and Crime (UNODC) on May 30, 2013.

The Second Review Cycle on Preventive Measures and Asset Recovery was carried out by Timor Leste and Swaziland in July last year.

This summary review report was published on Oct 2 the same year and submitted to UNODC on Nov 7.

From the executive summary for Chapter V (Asset Recovery), it was recommende­d that Malaysia:

whether a more streamline­d procedure to providing assistance to countries with which Malaysia has no treaties or agreements — instead of the current process where the minister issues a special direction — would facilitate cooperatio­n on asset recovery. Malaysia is encouraged to develop an asset recovery guide to clarify procedural requiremen­ts for requesting countries;

in the law recovery mechanisms for injured parties to establish title or ownership of property, or be awarded compensati­on or damages for injuries, through domestic proceeding­s;

mechanisms for the preservati­on of property pending confiscati­on, including through the establishm­ent of a central asset management office and consider adopting comprehens­ive asset management guidelines; and,

measures providing for the return of proceeds to requesting states in cases of embezzleme­nt of public funds or the laundering of embezzled public funds, including by reviewing relevant treaties.

It is important that corruption­related money laundering, that is facilitate­d by the banking sector, the real estate and luxury goods markets, is one such area which our enforcemen­t agencies should be looking at for reforms.

Company secrecy laws, complex ownership structures, and complicity and complacenc­y among members of both the private and public sectors create a protective veil for the people benefiting from corrupt practices and also obstruct law enforcemen­t investigat­ions.

It is necessary for the government to increase efforts to stem money laundering by:

public registers of beneficial ownership to end company ownership secrecy;

bank scrutiny of politicall­y exposed persons; and,

luxury investment­s and enforce existing regulation­s.

Former vice-chair, United Nations Convention against Corruption Coalition, Subang Jaya, Kuala Lumpur

 ??  ?? Corruption-related money laundering is one area that law enforcemen­t agencies should be looking at for reforms.
Corruption-related money laundering is one area that law enforcemen­t agencies should be looking at for reforms.

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