INTERNATIONAL COOPERATION AND GOOD GOVERNANCE
ACTION BY MALAYSIA IN THE FIGHT AGAINST CORRUPTION
Oudrey Xavier *I. INTRODUCTION
The term “corruption” encompasses a group of pernicious crimes that can stunt
economic growth and ultimately harm the most vulnerable members of society. Corruption
crimes can be particularly difficult to investigate and prosecute because they often occur inthe shadows, using hidden bank accounts, shell companies and misleading accounting.
When a corruption crime involves activities or persons in multiple jurisdictions, the crime
becomes even more difficult to detect, investigate, prosecute and punish. Individuals may
move or otherwise become unavailable to interview or prosecute, evidence can be hidden,
companies may be disbanded or protected by local privacy laws, and funds may betransmitted to bank accounts across borders where they can become difficult to trace.
For these reasons, international cooperation is essential in connection with cross-bordercorruption cases. International law sets forth clear obligations for jurisdictions to assist eachother in corruption cases. For example, the United Nations Convention against Corruption(UNCAC), which entered into force in 2005, requires state parties to pass laws
criminalizing a wide range of corruption offences. 1 It also requires state parties to provide
the “widest measure” of mutual legal assistance (MLA) to each other and includes a list of
specific forms of MLA included in this mandate. 2This paper focuses on international cooperation covered by UNCAC by focusing upon
the procedures and positions that Malaysia has taken in order to full fill the requirements
imposed towards a successful international cooperation. This paper also attempts to provide
a complete overview of the international cooperation by the Malaysian Anti-Corruption
Commission (MACC) and its on-going efforts under the international platform. In
providing this overview, the paper sets forth practical case examples wherever possible
through envisioning the scandal of corrupt acts and attempts done via the collaboration ofmany nations in making the cases successful through international cooperation.
II. INTERNATIONAL COOPERATION: MALAYSIAN ANTI-CORRUPTIONCOMMISSION (MACC)
A. Efforts under the Beijing Declaration
During the 31st ACTWG Virtual Meeting 2020, Malaysia reported on Anti-Corruption
progress and development on implementing the Beijing Declaration in which the following
are among the efforts contributed by MACC under the anti-corruption limb:

Senior Superintendent, Malaysian Anti-Corruption Commission, Malaysia.
UNCAC, Article 16.
2
Ibid., Article 46.
*1- 95 -- 97 -

1. First Private Public Partnership (PPP) Meeting Chaired by MACC
On 21 May 2020, the MACC Chief Commissioner hosted and chaired the first PPP
meeting, organized by the Anti-Money Laundering and Forfeiture of Property Division.
The meeting was jointly held with the Financial Intelligence and Enforcement Department(FIED), Central Bank of Malaysia together with 15 commercial banks online. The meetinghas been centred to focus on the importance of PPP among the selected 15 financial
institutions to combat corruption and money-laundering by sharing intelligence andinvestigation information in accordance with the Anti-Money Laundering, Anti-Terrorism
Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFA) and the Terms ofReference–Working Group of Informal Sharing of Intelligence on Corruption Activities(MACC Database, 2021).
2. Strategic Cooperation Between MACC and Malaysia Corruption Watch
During the month of May 2020, MACC had organized a strategic collaboration with
the Malaysian Corruption Watch (MCW) dated 11-21 May 2020 through an online
programme to understand the roles and functions of anti-corruption activists througheducational seminars. There were 31 participants registered to join the online seminar via
YouTube. MCW is an independent, non-governmental and non-partisan organisationcommitted to helping Malaysia to fight corruption. This seminar aims to deliver moremembers to join the public in becoming activists in anti-corruption. It is considered as oneof the effective tools by using social media to encourage and enable active public
participation in combating corruption by reporting experiences of corruption in Malaysia,
particularly the significant roles played by NGOs in reporting or whistleblowing incidencesof corrupt practices and misuse of powers to MACC. (MACC Database, 2021).
B. Financial Crimes Enforcement Network (FINCEN)
In Malaysia, the national Special Task Force (STF) is an inter-authority initiatory tocombat financial crimes. The STF, is orientated by the Attorney General Chambers andassociates consist of tax management, the Company Commission Malaysia, the Central
Bank of Malaysia, the Malaysian Anti-Corruption Commission and the Royal Customs
Department. The function of the STF is to foster cooperation omong law enforcement
bodies to guarantee a comprehensive motion to modification, good governance plus
eradicating corruption together in aiding authorities in combating financial law-breaking.
The STF also displays the interdependency of information and preparation of associatedoperation among law enforcement authorities in high profile rated cases. (OECD, 2013)
1. Other Central Law Enforcement Authorities
The Malaysian Anti-Corruption Commission (MACC) is a government authority thatexamines and pursues corruption charges against perpetrators both public and private
spheres. There are five commutative bodies that admonish the MACC to ensure its integrity
and to assist nationals’ rights. These authorities are negotiated individually from othergovernment agencies to render an self-reliant perspective. The five bodies are: the AntiCorruption Consultatory Board, the Special Commission on Corruption, the Complaints
Commission, the Operations Reassessment Panel, and the Corruption Consultation andPrevention Panel. (OECD, 2013)
2. Financial Intelligence Unit
Bank Negara Malaysia (Central Bank of Malaysia or BNM) is the effective
authorization nominated by the Minister of Finance under the Anti-Money Laundering andAnti-Terrorism Financing Act 2001 (AMLATFA). The Financial Intelligence and- 96 -- 98 -

Enforcement Department (FIED) was founded to accomplish the purposes of the effective
authority subordinate underneath AMLATFA and to alleviate the execution of AMLATFA
through cooperation with its national and international authorities, to safe-conduct thefinancial scheme’s integrity from money-laundering menaces and acts. (OECD, 2013)
The central purposes of FIED consider:
•
•
•
•
•

carrying out duties and purposes commence in the AMLATFA;
spear-heading domestic endeavours in fighting against money-laundering, terrorist
financing and other overseas law-breaking through collaboration with pertinentauthorities;
explicate policies and schemes to reverberate a all-embracing Anti-Money
Laundering and Counter Financing of Terrorism authorities;
encouraging awareness of money-laundering and terrorist financing matters; andacting as the Secretariat to the National Coordinate Commission to Counter Money
Laundering (NCC).

3. Financial Functionary
The Labuan Financial Services Authority (Labuan FSA) is the legal authority obligated
for the exploitation and governance of the Labuan International Business. The purposes of
the Labuan FSA are:•••to encourage and germinate Labuan as an international midpoint for enterprise andfinancial services;to develop nationalist obliques, policies and antecedence for the lawful evolution
and governance of the international enterprise and financial assistances in Labuan;
andto be enacted as the central regulative, superordinate and enforcement authorizationof the IBFC in Labuan (OECD, 2013)

C. ASEAN
The activity towards a Treaty on Mutual Legal Assistance in Criminal Matters(MLAT) was at the start explored by Malaysia at the 8th ASLOM held on 15-16 June
2002 in Bangkok, Thailand. The proposition was designed to assist and strengthen
ASEAN Member States’ endeavours and capability to fight multinational transgressions
and some other international gainsays by fostering group action in jurisprudence issues
and mutual legal assistance in criminal matters. It was also intended to facilitate mutual
legal assistance requests among ASEAN member states, which have different legal
schemes and legal requirements.
Succeeding the MLAT’s debut, farther communications and thought process to ascent
the MLAT were uplifted. It was with success accomplished as an ASEAN Treaty and was
sanctioned in the midst of the 6th Meeting of the Attorneys-General/Ministers of Justiceand Minister of Law on Mutual Legal Assistance in Criminal Matters (6th AG MLAT)
on 25 April 2019 in Yogyakarta, Indonesia. The 6th AG MLAT also approved
the “Senior Officials’ Meeting of the Central Authorities on Mutual Legal Assistance in
Criminal Matters” (“SOM-MLAT”) and “ASEAN Ministers/Attorneys-General Meetingof the Central Authorities in Mutual Legal Assistance in Criminal Matters” (“AMAGMLAT”). Together both the AMAG-MLAT and its SOM-MLAT, presently been

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reckoned as ASEAN Sectoral Ministerial Body in Annex 1 of the ASEAN Charter
subordinated the ASEAN Political-Security Community principle. (ASEAN, 2020)
D. UNODC
Chapter V: asset recovery
General precondition; special cooperation; bilateral and multipartite agreements andprovisions (arts. 51, 56 and 59).
Malaysia has a powerful regulative structure for asset recovery and establishes effectualinter-authority coordination to transnational cooperation upon asset recovery. It has
multilateral treaties or agreements with other nations to assist in the enforcement ofrecuperation, forfeiture or seizure orders and may render mutual legal assistance (MLA) tonations with which it has no treaties, in accordance to Minister’s special disposition (section
18, Mutual Assistance in Criminal Matters Act No. 621 (MACMA)) (UNODC, 2018).
Malaysia has accepted various requests on the foundation of this Convention in relation
to non-treaty nations and has not made any outbound requests upon foundation of theConvention as all outbound requests thus far have been contributed to treaty nations.
Malaysia has never declined any MLA requests to date for petitions which havecomplied with all the obligations under MACMA.
E. Measurements for Unmediated Recovery of Property; Executions for Recovery of
Property via International Cooperation in the Seizure Process; International
Cooperation for Functions of Seizure (Arts. 53, 54 and 55).
In Malaysia, preconditions exist for the execution of foreign judgments with which
Malaysia has interactional judgment agreements. In the absence of a legal precondition that
implicitly authorizes a foreign nation to start civil due process in Malaysian courts, thebroad provisions of civil judicial proceedings under English common law are practiced.
There are measures in place to modify individuals of crime to be remunerated (section
426, Criminal Procedure Code). Nevertheless, the law does not stipulate convalescencemechanisms for foreign nations to constitute possession of property, or be awarded
recompense or damages for injuries, via internal legal proceedings.
Postulations for enforcement of foreign forfeiture orders are modulated under sections
31 and 32 of MACMA, in coincidence with Part III Division 4 of MACMA Regulations
2003 (MACMR). These permit for the execution of an MLA request that is assisted by an
unenforceable, attested copy of a foreign forfeit order.
Money-laundering and corruption offences may be domestically pursued, and theconsequence will be the seizure of property of foreign derivation. Section 55 of the
AMLTFAPUAA and section 40 of MACC Act 2009 make no discrimination between
property of national origin and foreign derivation that may be the subordinate of a forfeiture
dictation.

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Malaysia acknowledges non-conviction-based forfeiture (section 41, MACC Act 2009and section 56, AMLATFAPUAA). There are adequate provisos under MACMA for the
restriction, designation, tracking and freezing of property placed in Malaysia that may be
the subject of a foreign forfeiture order (sections 31(1)(b) and 35 to 37; MACMA
Regulation 23(1)(c)(ii)). Malaysian law enforcement bodies, like the FIU, RMP and MACC,
on a regular basis transfer information associated to reprehensible matters.
AMLTFAPUAA furnishes sharing information with foreign authorities in regard to
predicate offences (sections 10, 29(3), AMLATFPUAA). (UNODC, 2018)
F. USDOJ AND ACAMS
1. Strengthening Cooperation Levels between MACC and the U.S. Department of Justice(U.S. DOJ) International Computer Hacking and Intellectual Property (ICHIP)
On 12 June and 18 June 2020, MACC and Director U.S. Department of Justice (U.S.
DOJ) International Computer Hacking and Intellectual Property (ICHIP) have conductedvirtual meetings on digital forensics and evidence which emphasized cryptocurrency issues
to assist MACC in addressing a cyber related corruption crime and significant increase in
COVID-19 related crime. The meetings were hosted by Thomas Dougherty from Southeast
Asia Resident Legal for Cybercrime, U.S. Embassy Kuala Lumpur and participated by
MACC Forensic Department Officers. The objective of the meetings was to keep the
Forensics Officers abreast on the latest knowledge and skills in digital forensics andcryptocurrencies in their routine work. (MACC Database, 2021).
2. Strategic Collaboration between MACC and the Association of Anti-MoneyLaundering Specialists (ACAMS)CAMS is recognized as the gold standard in AML certifications by institutions,
governments and regulators worldwide. On 9 July 2020, MACC and Association of AntiMoney Laundering Specialist (ACAMS) established a cooperation mechanism on antimoney laundering (AML) and financial crime prevention. The meeting was attended by the
MACC Chief Commissioner and Ms. Hue Dang, CAMS-Audit, VP & Global Head ofBusiness Development & New Ventures, Senior Asia Pacific Leader for the Association of
Certified Anti-Money Laundering Specialists (ACAMS), Hong Kong and Christine Lim,
Regional Director of Business Development - South Asia/South-East Asia/Japan(ACAMS). The key discussion during the meeting was to explore avenues to enhanceknowledge, skills and awareness on anti-money-laundering (AML) compliance andfinancial crime prevention through trainings and courses to MACC Officers. Collaborationis also as a way to foster international collaboration for MACC because corruption cases
are no longer confined to domestic borders. (MACC Database, 2021).
III. SUCCESSFUL INTERNATIONAL COOPERATION UNDER MLA:
MALAYSIA’S EXPERIENCE
A. 1MDB Fiasco
1. 1MDB Scandal: Over RM 20 Billion Assets Detected and Recovered
At the beginning of the year 2018, a Task-Force team was formed consisting of Tan Sri
Abdul Gani bin Patail, Tan Sri Abu Kassim bin Mohamed, Dato 'Sri Mohamad Shukri bin
Abdull and Tan Sri Abdul Hamid bin Bador. The purpose of the Task Force was to gather
evidence and financial analysis as well as initiate legal proceedings against those involvedin the 1MDB scandal and this is evidenced by the success of the Dato Seri Mohd Najib Bin
Tun Razak charge. Follow up on that in the year 2019, Y.A.B the Prime Minister has agreed- 99 -- 101 -

to continue the Task Force on the recovery of stolen asses in the Anti-Money Laundering
Division (AML) under the Malaysian Anti-Corruption Commission (MACC) has started
Asset Recovery 1MDB/SRC International initiatives with other domestic agencies,
especially Bank Negara Malaysia (BNM), Malaysian Attorney's Department (AGC),
Malaysian Royal Police (PDRM), Malaysian Company Commission (SSM), Malaysian
Inland Revenue Board (IRB) and the National Financial Crime Center (NFCC) (MACC
Database, 2021).
In the early stages of the Asset Recovery initiative to Malaysia, the AML/MACC foundthat most of these assets were overseas. In order to achieve the government's desire to
recover these assets and return them to Malaysia, the AML/MACC through its resources
has sought full cooperation from the parties involved such as the United States, Switzerland,
Singapore, Indonesia, the Netherlands, France, Luxembourg, the United Kingdom,
Barbados, Seychelles, China and Hong Kong. A series of joint meetings with overseas
enforcement agencies have been held in Malaysia, Singapore, Switzerland and the UnitedStates. The AML/MACC has initiated the Cross-Border Investigation and used the Mutual
Legal Assistance to seek cooperation from the parties. Good cooperation and relationships
are intertwined through bilateral cooperation.
The utilization of the Blue Ocean Strategy method as well as the money-laundering
regime platform under the FATF, UNODC, UNAFEI, World Bank and so on, as well as
the government's openness since 2018 to start and continue this Asset Recovery initiative,
has enabled and paved the way for AML/MACC as well as the AGC and the Ministry of
Finance (MOF) to recover Malaysian assets and money in connection with the 1MDB case.
After AML/MACC begins the money investigation or fund trail through Cross-Border
Investigation, money and national assets are discovered one by one. Following the processof tracking these assets, AML/MACC has taken steps to begin the Asset Recovery process.
Although international agencies have tracked and deprived the 1MDB assets on behalf of
Malaysia to prove that Malaysia is a legitimate recipient of the 1MDB money or assets,some steps must be taken first. One of these measures is to accuse Malaysian Official One(MO1) and those involved in the 1MDB case.
2. Accusations and Investigations of Individuals Involved with 1MDB Fundsa) Tan Sri Zeti Aziz

For the matter involving Tan Sri Zeti Aziz, it is because his husband, Datuk Tawfiq
Aiman, was involved in this scandal. During the investigation, the AG at the time
Tommy Thomas had determined that the SPRM would undertake Asset Recovery
in Singapore in collaboration with CAD Singapore. Previously, Tommy Thomas,
our former Attorney General, had set up a criminal investigation conducted by the
PDRM and the current status of the investigation was unknown (MACC Database,2021).
Dato Tawiq Ayman is a stakeholder in Cutting Edge Industries Ltd. Investigations
confirm Low Taek Jho bought a company owned by Dato Tawiq Ayman, Ayman
Capital Sdn Bhd. The purchase of the company led Dato Tawiq Ayman to open an
account on behalf of Iron Rhapsody Ltd and Dato Tawiq Ayman confirmed Low
Taek Jho had made a payment of four (4) times USD 16,219,409.23.

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





Tawiq Ayman confirms that he has transferred money from Iron Rhapsody Ltd bankaccount to Cutting Edge Industries Ltd. bank account. Cutting Edge Industries
Limited (“Cutting Edge”) bank account was seized and seized by CAD on 31 March
2016.
Global solution methods have been developed in collaboration with the Commercial
Affairs Department (CAD) Singapore Police Force with the Malaysian AntiCorruption Commission on 13 September 2021, the Malaysian government hasreceived a return from CAD Singapore for Cutting Edge Industries Ltd owned by
Datuk Tawfiq Aiman for USD 10,138,089.66 equivalent to RM31,326,697.05. The
partnership with Dato Tawiq Ayman also took into account the monetary
impairment factors derived from Low Taek Jho as well as the money owned fromlegitimate sources (before the money-laundering transaction received from Low
Taek Jho).
According to Datuk Seri Wan Jauaidi, it is not true that no investigation was
conducted by the SPRM as the SPRM has indeed made an asset recovery in
Singapore involving Dato Tawfiq Ayman, and police are also investigating his
husband who has been involved with Jho Low and money-laundering. Moreover,
Tan Sri Zeti also did not reveal his interest to the Prime Minister.
Tan Sri Zeti is an important witness in the 1MDB case trial. Najib's grandfather
attacked Tan Sri Zeti through his Facebook in December 2020 and this has haunted
him and has been informed in court. Next on 7 January 2021, the High Court judge
issued a strong warning not to disturb the witnesses in the 1MDB case trial and in
the ruling Judge Collin Lawrence Sequerah said that although there was no need forthe court to impose a "gag order" (restriction order) to Najib, the Pekan MP shouldstop making statements on the 1Malaysia Development Berhad case (1MDB) as if
the trial was in the public domain.

3. The Success of Asset RecoveryAs a result of the MACC’s effort, the success of the asset recovery in 2019 is the
Application of Lucuthak Under Sec. 56 AMLATFPUAA amounting to RM
8,004,642.75 for phase 1 Asset Recovery 1MDB, Compound Ops under section
92(1) AMLATFAPUA 2001 amounting to RM 665,210.68 RM Ops of RM
1,146,711,148.56 in total (MACC Database, 2021).
In 2020, the recovery of the asset is being carried out again to recover the assets
and money in the DOJ's holdings, they returned to the Malaysian government
through the first phase of the return of RM 584,431,248.12. The second phase of
the phase amounted to RM 1,272,570,000.00; the return of Jho Low's luxury yacht
Yacht, "Equanimity" amounted to RM 523,000,000 and the Riza Aziz Case.
In the case of Riza Aziz, the AML/SPRM through the AGC has agreed with Riza
Aziz to record the DNAA for its charge so that some of its assets and money under
its name in the United States are returned to Malaysia. The DOJ has agreed to return
USD 107.3 million to Malaysia and Riza Aziz is also required to make a payment
of RM 500,000.00. In addition USDOJ has also returned the money received fromRed Granite with the total amount involving Riza Aziz being RM 709,055,260.19.
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Commercial Affairs Department (CAD), Singapore Police Force has also partneredwith AML/SPRM where CAD has assisted and returned RM 46,524,894.00.
On 22 October 2020, Goldman Sachs agreed to return 1MDB globally for USD$3.9 billion of which USD $2.5 billion was paid in cash and USD $1.4 billion in
asset recovery for five years.
In addition, on 8 October 2020, Malaysia also received USD $160,930,752 from
United International Rep. of Co. as a result of the sale of Topaz Ships and USD$10.27 million from Ali Eid Thursday Thani AlHeriri. This makes the amountreceived by the Malaysian government as a result of the asset recovery in 2020
amounting to RM 14,257,701,636.31.
In February 2021, AMMB Holdings Berhad agreed to pay RM2.83 billion to settle
all outstanding actions and claims related to AmBank's involvement with 1MDB.
This is following the government's successful negotiations to sign the RM15.8
billion (AS$3.9 billion) settlement with Goldman Sachs in July 2020.
In May 2021, the USDOJ returned to the Malaysian government for the third phaseof the asset-asset in the global Jho Low settlement successfully deposed by the
USDOJ and deposited to the Trust Account for Asset Recovery (Assets Recovery
Trust Account) of RM 1.9 billion.
By June 2021, the Government of Malaysia had successfully returned RM 336
million from the Deloitte PLT. This return is the solution to all claims related totheir fiduciary responsibilities in the auditing of 1MDB and SRC International Sdn
Bhd (SRC) accounts for the period 2011 - 2014
In June also the AML/MACC received a total of RM 2,800,000.00 voluntary returnfrom a Malaysian citizen in Taiwan, Vincent Koh Beng Huat, who received 1MDB
funds. On 22 July 2021, the Mayor of Mohd Hafarizam agreed to pay RM
590,587.26 for his case, and Paul Stadlen was also directed to return the sum of RM
7.192 million under Section 60 (1) of AMLATFPUAA 2001 to the Government
Trust Account Malaysia.
On 13 and 23 September 2021, the Malaysian government received an asset returnfrom Cutting Edge Industries Ltd owned by Datuk Tawfiq Aiman and SammuelGoh for USD 10,138,089.66 equivalent to RM 31,326,697.05 and RM 968,898.98.
So far, there are still USD 3,768,231.70 to be returned by Sammuel Goh in
Singapore.
The latest is that on 29 September 2021, Datuk Seri Ahmad Maslan has agreed to
pay the Compound under Section 92 of AMLATFPUAA 2001 amounting to
RM1,100,000.00.
To date, AML/MACC through orders issued by AGC has successfully returned RM
20,511,061,695.43 to the Government of Malaysia through the Ministry of Finance.

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4. Recent Asset Recovery Initiatives

Currently, the Task-Force/MACC is in the Asset Recovery effort for leading
countries such as Switzerland, Kuwait, Mauritius, Cyprus, Hong Kong involving
individuals such as Tarek Obaid, Jerome Lee, Koi Ying Ying and others.
This success is highly regarded by foreign countries especially the World Bank and
UNODC as the asset return initiatives of countries facing large-scale corruption
issues can only recover about 20% of the total assets or money lost from theircountry. AMLA/MACC is the first corruption prevention agency in the Southeast
Asian region to successfully track and bring back more than 40% of its overseas
revenue so far.
The AML/MACC division together with other agencies will continue and enhanceefforts to obtain and recover as much of our country's money and assets, as they arein foreign countries and the MACC is pleased with the domestic and international
cooperation we have received to accomplish this mission (MACC Database, 2021).

B. Statistics on MLA Requests Made between the Period of 2017–2021
The Malaysian Anti-Corruption Commission (MACC) actively receives foreign
requests from counterparts in assisting them in their investigation. Likewise, the MACC
also makes requests to our foreign counterparts to assist in our investigations. For the period
from 2017-2021, MACC has received 83 foreign assistance requests. The requests are to
identify potential witnesses, to execute warrants of arrest, requests to obtain documents andto record witnesses’ statements. To date, 79 requests have been fulfilled by MACC, 4
requests are still pending and being attended to.
For the same period, MACC submitted 78 requests to foreign counterparts in requesting
assistance. To date, 62 requests have been fulfilled and the remaining 16 requests are stillin progress and one request has been withdrawn (MACC Database, 2021)

Table 1.0: Foreign Assistance Requests between 2017 to 2021

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Table 2.0: Requests to Foreign Counterparts between 2017 to 2021

IV. NEW DEVELOPMENT OF MLA FRAMEWORK IN MALAYSIA
A. The Evidence Act 1950
The Chapter VA – Admissibility of Evidence Obtained Under Mutual Assistance In
Criminal Matters Act 2002 (MACMA 2002) is reported to be the new addition to the
Evidence Act that stipulates the following:
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

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

Any testimony, statement or deposition, together with any document or thing
exhibited or annexed to such statement or deposition, that is received by the
Attorney General pursuant to a request made under MACMA 2002 in respect of thecriminal matter, shall on its production be admitted as evidence without further
proof, subject to:i. The testimony, statement or deposition shall be taken on oath or affirmation;
andii. Under an obligation to tell the truth imposed, by or under a law of the foreigncountry concerned.
Moreover, those testimony, statement or deposition shall:i. Be signed or certified by the judge, magistrate or officer in or of the foreigncountry to which the request was made; andii. Bear an official or public seal of the foreign country or a Minister of State, or a
department or officer of the government of the government of the foreigncountry.
Where the testimony has been made by means of video or other means which
permits the virtual presence of the person in Malaysia, that testimony shall bedeemed to have been given in Malaysia.
A certificate by the Attorney General or by a person authorized by the Attorney
General to make such certificate certifying that any testimony, statement ordeposition shall on its production without proof be admitted in the criminal
proceeding (MACC Database, 2021).

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B. MACMA 2002
Following the transformation of MACC, the numbers of MACC Investigation Papers
require verifying information and obtaining evidence in foreign states had been escalated.
a) Existence of MACMA 2002 has been used as a tool to obtain any information,
service process and evidence from foreign states via “Mutual Legal Assistance”.
b) Application of request should be made through AG Chamber and Foreign Ministry.
(MACC Database, 2021)
C. Set Up of MACMA Division within MACC
Setting-up a new branch under supervision of MACC Director of Investigation namely
Management of Mutual Assistance in Criminal Matters (MACMA) Section in 2009
(MACC Database, 2021)•

The functions are:i. Assisting Investigation Division in terms of conducting investigation in foreignstates;ii. Assisting foreign states anti-corruption agencies request in conducting
investigation in Malaysia; andiii. Assisting matters regarding extradition in MACC cases.
V. GOOD GOVERNANCE EFFORTS BY MACC TO ENHANCE
INTERNATIONAL COOPERATION

A. Malaysia’s Anti-Corruption Efforts
Malaysia proceeds to fortify great governance and integrity to combat corruption andmeagrely assured that execution can be enhanced by employing National Anti-Corruption
Plan (NACP) 2019-2023. The five-year programme, which is in accordance with the United
Nations Convention against Corruption (UNCAC), has defined six precedence spheres:
Governmental establishment, public sector management, public procurement, judicial, law
enforcement plus corporeal governance as authorities’ cardinal scheme and measures tofight corruption and transformation governance in authorities’ procedures. The year 2021
targets the third year of NACP journeying, and advancement has been made in reference
the execution of the NACP. As of December 2020, 29 out of 115 initiators had beenaccomplished considering the constitution of Code of Ethics for Members of
Administration that position demand to divulge and announce their asset and conflict ofinterest.
Malaysia is pledged to intensify transparency via brand-new law upon Ombudsman that
intended to improve public complaints governance concerning misadministration issuancesby public bureau.
To place greater value on combating corruption in the private sphere, Malaysia has new
jurisprudence on corporate liability within the MACC Act 2009 and will be innovating a
new proviso on beneficial ownership to intensify opacity of the institution.
Malaysia places great value on utilizing the good governance generalizations oftransparency, responsibility, and effectualness end-to-end in the management anddevelopment programme crosswise in entire sectors that adds value to the economic
advancement, sustainable development, and people’s welfare. Hence, the Organisational- 105 -

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Anti-Corruption Plan (OACP) has been made compulsory to every public body to address
corruption hazards and enhance campaign performance upon on good governance. To date,
36 public based agencies consisting of ministries and divisions have developed the OACP.
The OACP also assists the Government Linked Companies (GLCs) to make acorruption-free business sector. Moreover, Malaysia will also reappraise the present
Integrity Pact in conformity with international regulations. This initially intended to assist
authorities to bargain with conflict-of-interest provisions and surely will aid to heighten the
integrity and transparency of government procurement. As a final note, Malaysia is pledged
to strengthening global relationships by encouraging the execution of pertinentinternational agreements.
VI. CONCLUSION
Governance is a broad concept that is germane in the governmental, public andcorporate spheres. Good governance renders a hypothesis of control performances thatassist the nation in its goals, while eliminating the hazards of corruption and abuse of powerthat contribute to the dissipation of public finances and impedes economic development. In
combating corruption, Malaysia seeks to: (1) preserve high-financial gain and social
welfare; (2) meet public requests for greater transparency; (3) negotiate the impinging of
globalization; (4) stay au courant of progressions in information of applied science; and(5) optimize public-private cooperation. Through good governance, Malaysia espouses tobe “best-known for her integrity, not corruptness”.
VII. BIBLIOGRAPHY
1.

ASEAN. 2020 Treaty on Mutual Legal Assistance in Criminal Matters. Accessedfrom : https://asean.org/our-communities/asean-political-security-community/rulesbased-people-oriented-people-centred/treaty-on-mutual-legal-assistance-incriminal-matters/

2.

Malaysian Anti-Corruption Commission (MACC) Database, (2021).

3.

Mohamed, A.B and Yusoff,A.Y. (2020). Recentering Governance, Integrity, andAnti- Corruption in Malaysia. Accessed from: https://giacc.jpm.gov.my/wpcontent/uploads/2020/12/Recentring-Governance-Integrity-AC.pdf

4.

OECD, 2013. Effective Inter Agency Co-operation in Fighting Tax Crimes and Other
Financial Crime. Accessed from: https://www.oecd.org/tax/crime/effective-interagency-co-operation-in-fighting-tax-crimes-and-other-financial-crimes-secondedition.pdf

5.

UNODC, 2018. Country Review Report of Malaysia Review by Timor-Leste andSwaziland of the implementation by Malaysia of articles 5-14 and 51-59 of the United
Nations Convention against Corruption for the review cycle 2016-202. Accessed from:https://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_
11_16_Malaysia_Final_Country_Report.pdf- 106 -- 108 -

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