CURRENT ISSUES IN THE INVESTIGATION, PROSECUTION AND
ADJUDICATION OF CORRUPTION CASES
Soe Naung Oo *I.

INTRODUCTION

My name is Soe Naung Oo. I am the Director of the Investigation and Financial Branch,Bureau of Special Investigation. The topic of my presentation is “Current Issues in theInvestigation, Prosecution and Adjudication of Corruption Cases in Myanmar”. Myanmar’s
new government took office in March 2011 and created good governance and clean
government. The Government also made political, economic, administrative and social
reforms. Consequently, the government has taken legal action against corruption.
The Bureau of Special Investigation was formed in 1951 according to the Special
Investigation Administrative Board and Bureau of Special Investigation Act 1951.
The objectives of the Bureau are —(a)

To investigate corruption and take legal action(b)

To investigate economic crimes and take legal action(c)

To collect intelligence for national security and(d)To strive for the interest of the people

The four functions of the Bureau are —(a)

Investigation(b)

Submitting legal opinions on cases(c)Prosecution(d)Collecting and submitting intelligence

II. ENACTING THE NEW LAW AND TAKING LEGAL ACTION
The Suppression of Corruption Act (1948) only included categorization of the offenceand countermeasures but does not meet international standards. A new Anti-Corruption Law
was enacted on August 7, 2013. The Anti-Corruption Law came into force on September 17,
2013. The Anti-Corruption Commission consisting of 15 members was formed on February*Director of the Investigation and Financial Branch, Bureau of Special Investigation, Myanmar.

- 103 -25, 2014. Its mission is combating corruption and bribery. The Commission Office wasopened on March 3, 2014.
The objectives of the Anti-Corruption Law are —(a)

To eradicate corruption as a national problem(b)

To ensure clean government and good governance(c)

To promote prestige and accountability(d)

To prevent the loss of the state property and to protect human society andcitizen’s rights and benefits from the evils of corruption(e)

To take action effectively against those who commit corruption(f)

To develop the economy by local and foreign investment after establishing theprevalence of law and order and more transparency in the administrative
sector.

The Action Committee against Bribery, led by the Vice President, was formed onJanuary 8, 2013. The committee accepts complaints against corruption and bribery and refersthem to the Ministry of Home Affairs and the Bureau of Special Investigation for legal action.
The Bureau also investigates offences referred from the Anti-Corruption Commission.
Myanmar enacted the Control of Money Laundering Law on June 17, 2002 and formed
the Central Control Board. The chairman of the Central Control Board is the Minister for
Home Affairs, the Chief of Police is the Secretary and the Director General of the Bureau ofSpecial Investigation is the Joint Secretary. The new Anti-Money Laundering Law wasenacted on March 14, 2014 and the Central Board for Money Laundering was formed. TheChairman of the Board is the Minister for Home Affairs, the Secretary is the Chief of Police
and the Director General of the Bureau of Special Investigation is a member.
III. INTERNATIONAL COOPERATION
Myanmar signed UNCAC as a member on December 2, 2005 and ratified it onDecember 20, 2012. That Convention came into force in Myanmar on January 19, 2013.
Myanmar signed a Memorandum of Understanding (MOU) and joined SEA-PAC on
November 14, 2013. Senior officials from the Attorney General Office and Bureau of Special
Investigation attend the International Association of Anti-Corruption Authorities (IAACA)
meeting annually and cooperate with international organizations to combat corruption. The
Myanmar Financial Intelligence Unit signed an MOU with Thailand’s Anti-MoneyLaundering Office in 2012, Bangladesh’s Anti-Money Laundering Office in 2012 and theRepublic of Korea’s Anti-Money Laundering Unit in 2012. The Anti-Corruption Commissionis the focal point for the review of UNCAC.

- 104 -IV. PLAN OF ACTION
Strategies for corruption prevention are as follows—(a)

To regard corruption and prevention as matters of international concern and toprevent corruption multilaterally.

(b)

To cooperate with regional government organizations and social societies toprevent corruption.

(c)

To cooperate with regional anti-corruption agencies.

Tactics for corruption prevention are as follows—(a)

To reduce poverty, to achieve progress and give priority to the welfare of
public servants.

(b)

To reduce malpractice in order to create good governance and cleangovernment.

(c)

To create transparency in the administrative sector and to reduce formalities inpublic administration.

(d)

To conduct corruption awareness programmes for the public sector and private
sector to create a corruption free environment.

(e)

To set up a complaint system for corruption and bribery.

(f)

To form a joint team consisting of central organizations, commissions at alllevels and departments.

(g)

To create a plan of action to ensure that the private sector is free fromcorruption.

(h)

The essential plan must be implemented and reviewed according to the law
and procedure.

(i)To apply technology instead of human resources to reduce abuses of power.

(j)

To create independence in the administrative and judicial sectors.

(k)

To cooperate with media to prevent and fight corruption.

(l)

To apply modern technology to fight corruption.

(m)

To modernize and amend the Anti-Corruption Law, Rules and Regulations,orders and guidelines to fight corruption.

(n)

To apply a reward and punishment system to fight corruption.

- 105 -(o)To provide suitable opportunity and assurance to fight corruption.

(p)

To cooperate with international organizations to fight corruption.

We understand that fighting corruption cannot be done by one group or one organization,
but we have to cooperate with each other, with international organizations, and with the
public and private sectors. Myanmar will support the efforts of anti-corruption agencies tofight corruption.

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