Frequently asked questions
Transcription
Frequently asked questions
ASSET DECLARATION SYSTEM BRIEF FAQ 1. What is an asset declaration system and why is it necessary? An asset declaration system is a powerful tool to help combat corruption in the public sector. Those in government have immediate control over public assets and funds, and they manage the award of government contracts. Asset declarations curb abuses of power by preventing conflicts of interest or detecting misappropriation of funds through illicit enrichment. Government can also build trust by having the opportunity to clarify the origins of officials’ personal wealth. 2. Does Malaysia have an asset declaration system and how effective is it? Malaysia currently has an asset declaration system: o The civil service is required to declare their assets via service circulars and regulations. But their declared assets can only be accessed by the government. o Parliament declares assets through a Code of Ethics o Members of the cabinet confidentially declare their assets to the Prime Minister annually. The system is not comprehensive, lacks transparency, and does not have a strong verification mechanism to ascertain the accuracy of assets declared. 3. What are the rules for an effective asset declaration system? Countries have different practices in place for asset declaration systems. However, studies have found that successful asset declaration systems have these features: Dual objectives of detecting conflict of interests and illicit enrichment A clear legal framework Requires officials in all branches of government to declare their various assets on an annual basis An effective and independent monitoring and verification mechanism An effective and enforced sanctions mechanism for non-compliance Public access to assets declared 4. How have other countries benefited from asset declaration systems? In Slovenia, both the Prime Minister and Opposition leader were demanded to resign after they hid high-value assets and did not declare conflicts of interest in business deals. Investigations were also prompted as a result. Public accessibility to asset declarations has also resulted in an impetus for reform. In 2008 for example, Louisiana’s Governor, Bobby Jindal launched the ethics reform package after the Centre for Public Integrity gave the state of Louisiana a low ranking for asset declaration transparency, which led to improvements. Hong Kong and the United States of America also have comprehensive and transparent asset declaration systems which have aided in investigations and anti-corruption efforts. 5. How can Malaysia’s asset declaration system be improved? Make it a legal requirement for Ministers and Members of Parliament including Senators to declare their assets to a Special Committee in Parliament. ASSET DECLARATION SYSTEM BRIEF FAQ Give a mandate to the Malaysian Anti-Corruption Commission (MACC) to verify and monitor asset declarations as well as cross check the information with other agencies like the Inland Revenue Board and Unit Perisikan Kewangan at Bank Negara. Strengthen the current practice for civil servants by handing over the verification responsibility from the department to the MACC. Allow the information on asset declaration to be available upon public request. Studies have shown how public access lowers levels of corruption and perceived corruption in a country. The information should be available by public request with the option to make it automatically available. However, if the information is only available by public request, Parliament should seriously consider adopting a Freedom of Information Act.