You are a procurement officer of a public agency. Your main task is to assist your Director in calling contractors for bidding and tender for government project. A friend whom you had known for a long time called you up one day and among the conversation, invited you and your spouse to join him at a posh hotel for a week holiday at a destination that you have been longing for but could not afford it. Would you take the invitation? Why?

2. The Situation
You are a procurement officer of a public agency.
Your main task is to assist your Director in calling
contractors for bidding and tender for
government project.
A friend whom you had known for a long time called
you up one day and among the conversation,
invited you and your spouse to join him at a posh
hotel for a week holiday at a destination that you
have been longing for but could not afford it.

3. Would you take the
invitation? Why?
BRIBERY OR
GENEROUSITY?

4. Sean (Procurement
Officer) strolling at
the garden with his
beautiful wife, Hawa.

5. Mesranyaa baru kahwinnnn (romantik)
They are just got married . Sean wanted to bring her wife
for a honeymoon, but he cannot afford the posh hotel
where Hawa really wanted to go.
Mesranya!!

6. Suddenly, they are approach by a guy

8. Wow
Honey,
let’s accept
the offer!
^_______^
Akmal is offering Sean & his wife for a
week holiday at posh hotel in Bora Bora
Island.

9. Membuat pertimbangan samada pergi atau tidak
Now, they are in dilemma
whether to accept the offer or
not…

10. Si isteri cuba untuk memujuk suamiThe wife is trying to persuade her
beloved husband to accept the offer.

12. Persuasion / Influence Session

14. The husband is
very determined
to not to accept
the offer.

15. Husband is trying
to practice full
integrity, and
saying no to the
wife.
The wife later
agree to comply.

16. Is the offer related to the
bidding and tender
process? And is the offer
come from one of the
contractor involved in the
bidding process?
It is just an offer as a gift
from a friend who the
person had known for a
long time and not related
at all with the bidding
and tender process?
If it is related to
the bidding
process, so the
offer will be
rejected.
Analyze the
situation before
accepting the
offer

17. What is the
definition
of a GIFT?

18. GIFT? Cash Money Free Fares Shares
Lottery
Tickets
Travelling
Facilities
Entertainmen
t Expenses
Services
Club
Membership
any form of
commission
Hampers Jewellery
Decorative
Items
Any item of
high value
Section 3 of Malaysia Anti-Corruption
Commission (MACC) Act 2009.

19. Considerations
RISK OF BEING CHARGED
UNDER BRIBERY ACT
If the intention had been to win the bid and
receive the tender, Section 122 of the
Criminal Code (active bribery) would have
been violated.
As a procurement officer of a public agency,
there are several risk that were faced

20. Officer providing
confidential information
to a tenderer resulting in
an unfair advantage.
A procurement officer
not declaring an existing
relationship or
secondary employment
with a tenderer for that
contract.
Two tenderers colluding
with one submitting a
'dummy' bid and one a
genuine bid.
An employee colluding
with a contractor to
falsify or inflate invoices.
Corruption
Risk

21. Laws & Regulations
Offences
• MACC Act 2009 provide offences :
– Soliciting or receiving gratification under section 16 & 17(a)
MACC Act 2009;
– Offering or giving gratification under section 17(b) MACC Act
2009;
– Intending to deceive (false claim) under section 18 MACC Act
2009;
– Using office or position for gratification under section 23 MACC
Act 2009.
• Any person who commits an offence shall on conviction be liable
to imprisonment for a term not exceeding 20 years and a fine of not
less than 5 times the sum or value of the gratification or RM10,000
whichever is the higher under section 24 MACC Act 2009.

22. Failure To Report
MACC Act 2009 provide offences :
– Any person who knows and fails to report an act of
giving and offering of gratification is committing an
offence under section 25 (1) and (2) of the MACC Act
2009; a fine not exceeding RM100,000 or
to imprisonment for a term not exceeding 10 years or to
both;
– Any person who knows and fails to report an act of
soliciting and obtaining of gratification is committing an
offence under section 25 (3) and (4) of the MACC Act
2009; a fine not exceeding RM10,000 or
to imprisonment for term not exceeding 2 years or to
both.
Laws & Regulations

23. Laws & Regulations
Protection To Whistleblower
A whistleblower is one who informs the relevant
authority in his/her view of an act of corruption.
• Whistleblower is protected under section 65 of the
MACC Act 2009 as well as under the Whistleblower
Protection Act 2010.
• A whistleblower who has witnessed a corruption
activity will be considered as a witness and will be
protected under the Witness Protection Act 2009.

24. References
• Gift Enquiry. Retrieved from:
http://www.sprm.gov.my/hadiah.html?&lang=
en. Retrieved on 5th Jan 2015
• Agriculture Department. Retrieved on January
6, 2015 from
http://www.doa.gov.my/maklumat-kesalahan-
rasuah-tatatertib

25. THANK YOU