The Malaysian Anti-Money Laundering, Anti-Terrorism and Proceeds of Unlawful Activities Act 2001 is clear in terms of enforcement, reporting institutions and entities, detecting of red flags, sanctions, seizures, etc.
However, there is a possibility of overlapping of duties between several agencies, leaving the general public unclear about "who can do what." This includes Bank Negara Malaysia, Security Commission, Company Commission of Malaysia, Malaysian Anti-Corruption Agency, Royal Military Police, and Special Forces. It's important to sort out these duties to ensure transparency and clarity in the system.
Other potential shortcomings include different reporting periods, accessing databases, listing and global sharing of information. I hope to see improvements in the near future.
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BIODATA - NIK ZAFRI
Kelantanese, Alumni of Sultan Ismail College Kelantan (SICA), IT Competency Cert, Certified Written English Professional US. Has participated in many seminars/conferences (local/ international) in the capacity of trainer/lecturer and participant.
Affiliations :- Network Member of Gerson Lehrman Group, Institute of Quality Malaysia, Auditor ISO 9000 IRCAUK, Auditor OHSMS (SIRIM and STS) /EMS ISO 14000 and Construction Quality Assessment System CONQUAS, CIDB (Now BCA) Singapore),
* Possesses almost 30 years of experience/hands-on in the multi-modern management & technical disciplines (systems & methodologies) such as Knowledge Management (Hi-Impact Management/ICT Solutions), Quality (TQM/ISO), Safety Health Environment, Civil & Building (Construction), Manufacturing, Motivation & Team Building, HR, Marketing/Branding, Business Process Reengineering, Economy/Stock Market, Contracts/Project Management, Finance & Banking, etc. He was employed to international bluechips involving in national/international megaprojects such as Balfour Beatty Construction/Knight Piesold & Partners UK, MMI Insurance Group Australia, Hazama Corporation (Hazamagumi) Japan (with Mitsubishi Corporation, JA Jones US, MMCE and Ho-Hup) and Sunway Construction Berhad (The Sunway Group of Companies). Among major projects undertaken : Pergau Hydro Electric Project, KLCC Petronas Twin Towers, LRT Tunnelling, KLIA, Petronas Refineries Melaka, Putrajaya Government Complex, Sistem Lingkaran Lebuhraya Kajang (SILK), Mex Highway, KLIA1, KLIA2 etc. Once serviced SMPD Management Consultants as Associate Consultant cum Lecturer for Diploma in Management, Institute of Supervisory Management UK/SMPD JV. Currently – Associate/Visiting Consultants/Facilitators, Advisors for leading consulting firms (local and international) including project management. To name a few – Noma SWO Consult, Amiosh Resources, Timur West Consultant Sdn. Bhd., TIJ Consultants Group (Malaysia and Singapore) and many others.
* Ex-Resident Weekly Columnist of Utusan Malaysia (1995-1998) and have produced more than 100 articles related to ISO-9000– Management System and Documentation Models, TQM Strategic Management, Occupational Safety and Health (now OHSAS 18000) and Environmental Management Systems ISO 14000. His write-ups/experience has assisted many students/researchers alike in module developments based on competency or academics and completion of many theses. Once commended by the then Chief Secretary to the Government of Malaysia for his diligence in promoting and training the civil services (government sector) based on “Total Quality Management and Quality Management System ISO-9000 in Malaysian Civil Service – Paradigm Shift Scalar for Assessment System”
Among Nik Zafri’s clients : Adabi Consumer Industries Sdn. Bhd, (MRP II, Accounts/Credit Control) The HQ of Royal Customs and Excise Malaysia (ISO 9000), Veterinary Services Dept. Negeri Sembilan (ISO 9000), The Institution of Engineers Malaysia (Aspects of Project Management – KLCC construction), Corporate HQ of RHB (Peter Drucker's MBO/KRA), NEC Semiconductor - Klang Selangor (Productivity Management), Prime Minister’s Department Malaysia (ISO 9000), State Secretarial Office Negeri Sembilan (ISO 9000), Hidrological Department KL (ISO 9000), Asahi Kluang Johor(System Audit, Management/Supervisory Development), Tunku Mahmood (2) Primary School Kluang Johor (ISO 9000), Consortium PANZANA (HSSE 3rd Party Audit), Lecturer for Information Technology Training Centre (ITTC) – Authorised Training Center (ATC) – University of Technology Malaysia (UTM) Kluang Branch Johor, Kluang General Hospital Johor (Management/Supervision Development, Office Technology/Administration, ISO 9000 & Construction Management), Kahang Timur Secondary School Johor (ISO 9000), Sultan Abdul Jalil Secondary School Kluang Johor (Islamic Motivation and Team Building), Guocera Tiles Industries Kluang Johor (EMS ISO 14000), MNE Construction (M) Sdn. Bhd. Kota Tinggi Johor (ISO 9000 – Construction), UITM Shah Alam Selangor (Knowledge Management/Knowledge Based Economy /TQM), Telesystem Electronics/Digico Cable(ODM/OEM for Astro – ISO 9000), Sungai Long Industries Sdn. Bhd. (Bina Puri Group) - ISO 9000 Construction), Secura Security Printing Sdn. Bhd,(ISO 9000 – Security Printing) ROTOL AMS Bumi Sdn. Bhd & ROTOL Architectural Services Sdn. Bhd. (ROTOL Group) – ISO 9000 –Architecture, Bond M & E (KL) Sdn. Bhd. (ISO 9000 – Construction/M & E), Skyline Telco (M) Sdn. Bhd. (Knowledge Management),Technochase Sdn. Bhd JB (ISO 9000 – Construction), Institut Kefahaman Islam Malaysia (IKIM – ISO 9000 & Internal Audit Refresher), Shinryo/Steamline Consortium (Petronas/OGP Power Co-Generation Plant Melaka – Construction Management and Safety, Health, Environment), Hospital Universiti Kebangsaan Malaysia (Negotiation Skills), Association for Retired Intelligence Operatives of Malaysia (Cyber Security – Arpa/NSFUsenet, Cobit, Till, ISO/IEC ISMS 27000 for Law/Enforcement/Military), T.Yamaichi Corp. (M) Sdn. Bhd. (EMS ISO 14000) LSB Manufacturing Solutions Sdn. Bhd., (Lean Scoreboard (including a full development of System-Software-Application - MSC Malaysia & Six Sigma) PJZ Marine Services Sdn. Bhd., (Safety Management Systems and Internal Audit based on International Marine Organization Standards) UNITAR/UNTEC (Degree in Accountacy – Career Path/Roadmap) Cobrain Holdings Sdn. Bhd.(Managing Construction Safety & Health), Speaker for International Finance & Management Strategy (Closed Conference), Pembinaan Jaya Zira Sdn. Bhd. (ISO 9001:2008-Internal Audit for Construction Industry & Overview of version 2015), Straits Consulting Engineers Sdn. Bhd. (Full Integrated Management System – ISO 9000, OHSAS 18000 (ISO 45000) and EMS ISO 14000 for Civil/Structural/Geotechnical Consulting), Malaysia Management & Science University (MSU – (Managing Business in an Organization), Innoseven Sdn. Bhd. (KVMRT Line 1 MSPR8 – Awareness and Internal Audit (Construction), ISO 9001:2008 and 2015 overview for the Construction Industry), Kemakmuran Sdn. Bhd. (KVMRT Line 1 - Signages/Wayfinding - Project Quality Plan and Construction Method Statement ), Lembaga Tabung Haji - Flood ERP, WNA Consultants - DID/JPS -Flood Risk Assessment and Management Plan - Prelim, Conceptual Design, Interim and Final Report etc., Tunnel Fire Safety - Fire Risk Assessment Report - Design Fire Scenario), Safety, Health and Environmental Management Plans leading construction/property companies/corporations in Malaysia, Timur West Consultant : Business Methodology and System, Information Security Management Systems (ISMS) ISO/IEC 27001:2013 for Majlis Bandaraya Petaling Jaya ISMS/Audit/Risk/ITP Technical Team, MPDT Capital Berhad - ISO 9001: 2015 - Consultancy, Construction, Project Rehabilitation, Desalination (first one in Malaysia to receive certification on trades such as Reverse Osmosis Seawater Desalination and Project Recovery/Rehabilitation)
* Has appeared for 10 consecutive series in “Good Morning Malaysia RTM TV1’ Corporate Talk Segment discussing on ISO 9000/14000 in various industries. For ICT, his inputs garnered from his expertise have successfully led to development of work-process e-enabling systems in the environments of intranet, portal and interactive web design especially for the construction and manufacturing. Some of the end products have won various competitions of innovativeness, quality, continual-improvements and construction industry award at national level. He has also in advisory capacity – involved in development and moderation of websites, portals and e-profiles for mainly corporate and private sectors, public figures etc. He is also one of the recipients for MOSTE Innovation for RFID use in Electronic Toll Collection in Malaysia.
Note :
Saturday, September 02, 2023
ANTI-MONEY LAUNDERING, ANTI TERRORISM AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001 - MY THOUGHT FOR THE DAY
Tuesday, January 31, 2023
PART 3 - ANTI-BRIBERY MANAGEMENT SYSTEM - by Nik Zafri
1. Context of the Organization
Most of the contents are almost similar to any other quality, safety and environmental certification standards. With exceptional the use of "Anti Bribery Management System (ABMS)" in lieu of QMS, OHSMS and EMS.
It's important to identify and customize ABMS to the overall business nature of the organization be it internal or external. Not everything may apply to the organization practicing ABMS but to link most of the elements to the core processes would be an added advantage.
Most important, all activities and relevant documented information to also take into account applicable statutory, regulatory, contractual and professional obligations and duties.
2. Stakeholders
In this sense, not limited to the following, stakeholders could be :
a) Board of Directors (BOD) or equivalent - in this sense, directors that possess a certain portion of shares and with executive authorities to execute their duties and responsibilities to ensure that resources are provided to ensure the success of ABMS. They must also have a fair knowledge of the relevant regulations and ABMS.
b) Management Representative (MR) - although most of the latest revision of the standards may have ommitted "MR", it's still required to have one either a member of the BOD or a member of the organization who possess sufficient experience, qualifications and competency to become the "watchdog" of the system.
c) Non-Executive Directors or equivalent - this would apply to advisors; despite limited to making recommendations; they should also be fully aware of applicable regulations and ABMS
d) Representatives from Service Providers - namely Consultants, Contractors and Suppliers/Vendors - they are also involved in ABMS and is bound to ethics and requirements of the ABMS procurement contract and procedures,
e) Investors - for public and public listed companies, the prospectus, annual reports or magazines (online and offline) or press conferences should highlight the initiatives taken by the organization and how investors can play their roles in ABMS,
e) Representatives from the general public or people from the surrounding areas of operation. It's also a good practice to involve relevant NGOs as well.
f) Authorities - involving Anti-Corruption Commission, Corporate Governance, Company Laws, Security Commission, Anti-Money Laundering, Central Bank and the finances and banks as well. Communications should be well-established with these entities.
It is important to note that "whistleblowers" MUST be protected at all times.
3. Scope
"Scope" is relevant to the nature of business of the organization taking into account internal and external issues and risk assessment. Documented information to determine and clarify the scope should be included in the ABMS Manual of the Organization.
4. Anti-Bribery Management System (ABMS)
Again, the keywords :
i) Establish
ii) Document
iii) Implement
iv) Maintain
v) Review
vi) Improve
are included in ABMS to manage documented information (document, data and records) just like any other certification standards.
Most important - whether it's a Policy, or Manual or Plan, or Procedures (Administrative and Operation) or Work Instruction or Method Statement or Inspection and Test Plan (even checklists) - a clear and thorough process flow (typical 4 columns - no., process, person in charge (PIC) and relevant documented information - should be included and related to the documented information. These documented information should take into account ABMS standard, relevant regulations and where applicable contractual requirements.
The documented information should also contain measures designed to identify and evaluate the risk of, and to prevent, detect and respond to, bribery.
Despite to eliminate risk of bribery is almost impossible, it is advisable to have a target set for every cut-off period of implementation.
5. Risk Assessment
a) Identify the bribery risks - proactively if necessary (based on past experience) or as per recommendation from external party,
b) New and unexpected risks could be identified as the implementation goes - analyze (data analysis), assess and prioritize (e.g. the typical Red, Yellow, Green coloured bands - with justifications)
c) Identify proactive mitigation or new mitigation for unexpected risks found during assessment,
d) Be reviewed (usually in the Management Review Meeting)
e) Be susceptible to change in the country laws/legislations or the standard or any other guidelines from the relevant parties.
Should there be a repetitive trends, then it is important to look back at the risks been identified during the commencement of the system (ABMS)
Wednesday, September 07, 2016
RASUAH "CARA BARU" - Oleh Nik Zafri
Image Source : greece.greekreporter.com |
Rasuah tetap rasuah walau bagaimana pun ianya ditafsir. Terdapat banyak trend baru untuk menutup rasuah.