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2007/SOM3/ACT/003p

Agenda Item: 4

Compilation of Each Economy’s Progress, Successes and Milestones – Brunei Darussalam

Purpose: Consideration

Submitted by: Brunei Darussalam

/ Anti-Corruption and Transparency Task Force MeetingCairns, Australia
24-25 June 2007

APEC ACT TASK FORCE – BRUNEI DARUSSALAM [APEC ECONOMY 1]

Action I. Take All Appropriate Steps Towards Ratification of, or Accession to, and Implementation of the UN Convention Against Corruption (UNCAC):
(Santiago Commitment and APEC Course of Action, 2004)
Specific Actions / Status to-date (June 2007)
Including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Intensify efforts to combat and other unethical practices, strengthen a culture of transparency, ensure more efficient public management, and complete all appropriate steps to ratify or accede to, and implement the UNCAC / Set up of an independent anti-corruption agency called Anti Corruption Bureau (ACB) in 1982 under the Emergency Prevention of Corruption Order 1981 (later enacted in 1984 as the Prevention of Corruption Act).
This legislation criminalize bribery and corruption committed by any person in any dealings involving matters in Brunei Darussalam (whether it is committed by public officials in their capacity discharging their official duties or by any private person, or private sector officials in the course of their business dealings).
Brunei Darussalam signed UNCAC on 11 December 2003. / Actively pursuing and supporting the move and eventually to ratify the UNCAC
Develop training and capacity building efforts to help on the effective implementation of the UNCAC’s provisions for fighting corruption / Sending officers to further enhance their skills in operational matters as well as in preventive matters such as:-
Computer Forensic
Legal Studies
Public Awareness Campaign and road shows in conjunction with the 25th Anniversary of the formation of the Anti Corruption Bureau starting February 2007 until end of the year
Work to strengthen international cooperation in preventing and combating corruption as called for in the UNCAC including extradition, mutual legal assistance, the recovery and return of proceeds of corruption / In 2004, the Anti Corruption Bureau (ACB) had participated in a multilateral agreement with other anti corruption agencies namely Anti Corruption Agency of Malaysia (ACA), Indonesian Corruption Eradication Commission (KPK) and Corrupt Practices Investigation Bureau of Singapore (CPIB) to promote cooperation which amongst others includes training and exchange of information
Mutual Assistance in Criminal Matters Order (MACMO) - conform with the requirement of cooperation for the purpose of Extradition and only gives effect to the Attorney General of Brunei Darussalam to receive a Summon or other process from other designated country requiring an accused person or a witness to attend a criminal proceedings in other designed country on a voluntary basis and other relevant conditions
Criminal Conduct (Recovery of Proceeds) Order 2000 - provides His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam to give such order following a request made by a designated country’s court order concerning the Enforcement of Overseas Forfeiture Orders
The Money Laundering Order 2000 – provides for the prevention and detection of Money Laundering in the country. In place the Prevention of Corruption Act provides for the power to investigate and freeze proceeds of corruption
Action II. Strengthen Measures to Effectively Prevent and Fight Corruption and Ensure Transparency by Recommending and Assisting Member Economies to:
(Santiago Commitment and APEC Course of Action, 2004)
Specific Actions / Status to-date (June 2007)
Including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Establish objectives and transparent criteria that assure openness for merit, equity, efficiency for the recruitment of civil servants, and promote the highest levels of competence and integrity / Brunei Darussalam national initiative in preventing corruption was first introduced in the country in 1952 with the enactment of criminal provision preventing bribery of Public Servant under the country’s Penal Code. The same Code also provides criminal sanction for embezzlement which also includes Criminal Breach of Trust or misuse of State Funds by public officials. Provision against bribery of public officials was further strengthened with the introduction of Public Officers (Conduct and Discipline) Regulations, 1961 (amended and incorporated in 1984 under the Public Services Commission Act)
Rules governing conduct of members of the prosecution service and the judiciary is provided in the law of the country as revised in the Legal Profession Act 1984
Afford one another the widest measure of mutual legal assistance, in investigations and judicial proceedings related to corruption and other offences covered by the UNCAC / In March 2005 saw the introduction of the Mutual Assistance in Criminal Matters Order(MACMO)
Provides mechanism consolidating bilateral or multilateral agreements between Brunei Darussalam and foreign states and empowered the outreach operation capacity of its law enforcement agencies
Further enhance and give effect to the Attorney General of Brunei Darussalam to consider and receive request for assistance in criminal matters by a foreign country
Action III. Deny Safe Haven to Officials and Individuals Guilty of Public Corruption
(Santiago Commitment and APEC Course of Action, 2004)
Specific Actions / Status to-date (June 2007)
Including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Promote cooperation among financial intelligence units of APEC members including, where appropriate, through existing institutional mechanisms
Encourage each economy to promulgate rules to deny entry and safe haven, when appropriate, to Officials and individuals guilty of public corruption, those who corrupt them, and their assets
Implement, as appropriate, the revised Financial Action Task Force (FATF) 40
Recommendations and FATF’s Special Recommendations on Terrorist Financing / Brunei Darussalam being a member of the Asia Pacific Group on Money Laundering and the Financing of Terrorism has established the Financial Intelligence Unit under the Ministry of Finance, in implementing the requirement of the FATF recommendations and also to gain cooperation with Financial Intelligence Unit of other jurisdictions
Action IV. Fight both Public and Private Sector Corruption
(Santiago Commitment and APEC Course of Action, 2004)
Specific Actions / Status to-date (June 2007)
Including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Develop effective actions to fight all forms of bribery, taking into account the OECD Convention on Combating Bribery of Foreign Officials in International Business Transactions or other relevant anticorruption conventions or initiatives / Prevention of Corruption Act had provided the Anti Corruption Bureau with wider powers of investigation where corruption offences committed by officials in the public and private sectors are investigated
The Act also provides power of investigation and criminal sanction against individuals for possession of unexplained property or wealth, or illicit enrichment
Support the recommendations of the APEC Business Advisory Council (ABAC) to operate their business affairs with the highest level of integrity and to implement effective anticorruption measures in their businesses, wherever they operate / Generally, the Prevention of Corruption Act, provides a wider provision against acts of corruption regardless of whether it is committed by public officials or any other person involved in corrupt transactions
Since 1992 the Bureau had launched another dimension in its anticorruption effort by introducing Education to the public to raise awareness about corruption which to a greater extent has attracted participation of society in its efforts and initiatives.
Further effort was added in 2003 by introducing the preventive approach which incorporates studies conducted by the ACB with the commitment of relevant government departments and private entities with the objective of improving working procedures in order to minimize risk of occurrences of corruption in their working system.
Corruption Prevention requires a cohesive participation and cooperation by both Public and Private Sectors. Beginning October 2005, a partnership program which brought together representatives from Business Associations and various chambers of commerce with relevant public agencies to engage in formal discussion with the Anti Corruption Bureau. The forum is aimed to explore effective and coordinated and remedies to prevent corruption in the business dealings of the private and public sector
Action V. Public-Private Partnership
(Santiago Commitment and APEC Course of Action, 2004)
Specific Actions / Status to-date (June 2007)
Including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Involve, in accordance with each economy’s domestic law, individuals and groups outside the public sector, such as civil society, nongovernmental organizations, community-based organizations, and the private sector in efforts to fight corruption, ensure transparency, promote good governance, strengthen public financial management accountability systems, and advance the rule of law / With the cooperation and partnership of Brunei Shell Group of Companies, a new initiative of introducing the anti corruption education was introduced on 7th January 2006 into the National Education Curriculum with the joint effort of the Curriculum Development Department, Ministry of Education and has been implemented beginning the academic term of 2006.
The main objective of this program is to inculcate good values such as honesty, trust and sincerity among students in their primary education and to instill these values as life principle and practice.
To create and expand anti corruption awareness and understanding among the students against the evils and dangers of corruption as well as prepare them with the values of self integrity, responsibility and righteousness when they become the working population by the year 2011.
Action VI. Cooperation Among APEC Member Economies to Combat Corruption and Ensure Transparency in the Region
(Santiago Commitment and APEC Course of Action, 2004)
Specific Actions / Status to-date (June 2007)
Including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Encourage all relevant economies to sign bilateral and multilateral agreements that will provide for assistance and cooperation in areas covered by the UNCAC / Mutual Legal Assistance in Criminal Matters Treaty for like minded ASEAN Member Countries
Signed a Bilateral Agreement with Anti Corruption AgencyMalaysia
Being one of the founding members of the Multilateral Cooperation in Combating and Preventing Corruption, together with Indonesian Corruption Eradication Commission (KPK), Malaysian Anti Corruption Agency (ACA) and Corrupt Practices Investigation Bureau of Singapore
Action VII. Moving Forward (from Santiago to Seoul and from Hanoi to Sydney):
(Santiago Commitment and APEC Course of Action, 2004, modified; Busan Declaration and AMM Statement)
Specific Actions / Status to-date (June 2007)
Including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
KEY ANTICORRUPTION CONTACTS:
Name / Title / Address / Email
Pg Kashmirhan bin Pg Hj Tahir / Director / Anti Corruption Bureau
Old Airport Road, Berakas
Bandar Seri Begawan,
Brunei Darussalam /
Abang Kifrawi Hanifah / Acting Deputy Director / Anti Corruption Bureau
Old Airport Road, Berakas
Bandar Seri Begawan,
Brunei Darussalam /

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