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Unofficial Translation by Myanmar Centre for Responsible Business
DEVELOPMENTS IN COMBATTING PRIVATE SECTOR CORRUPTION
– A LOOK BACK OVER THE LAST YEAR
U Aung Kyi, Chair of the Myanmar Anti-Corruption Commission
Seminar on combatting corruption
5.12.2018
1. During the last year, the Commission has worked hard to strengthen processes for the
elimination of corruption. The fourth amendment of the Anti-Corruption Law was published on
21 June 2018 after being approved by the President. The new law’s provisions include:
 the prevention of the loss of the nation’s financial and physical assets in cases of
violations of the law, regulations and procedures for handling of public budgets by
public organisations;
 the right of the Commission to investigate certain cases if it believes strong evidence
exists, including in the form of notorious news in the media, regardless of whether a
complaint has been made or not;
 the right to issue an Order or Notification governing business integrity;
 and incorporating integrity education into primary school curriculum.
2. If we choose Public-Private Partnerships (PPPs) for national development, it is not sufficient to
acknowledge the capabilities of this business model. We should also be aware that PPP has a
potential for grand corruption, because of the large sums of money involved and the lack of
competition, we should therefore work to prevent these risks in advance.
3. Grand corruption is common among public organizations and private companies, including
government departments. In order to prevent this kind of corruption, it must be “prevented by
individuals and groups that have a strong record of working against corruption” within those
public organizations and private firms themselves. This practice may be considered strange
compared to other processes of combatting violations, but for a country like Myanmar where
corruption is systemic and deep rooted within the society, I believe that this approach is the most
appropriate and the fastest way to prevent corruption.
4. Although there is no quick fix to eliminating corruption for countries around the world, the
Commission has been working to combat corruption with the help of domestic and international
experts including UNODC. While working for economic development of the country, public
organisations and private companies, including government departments, have drafted a strategic
plan to implement the framework for Public-Private Collaboration against Corruption. This
framework has already been approved by the President’s office and it is currently being
implemented. Amendments have been made to the law for the fourth time according to this plan.
5. On 2 July 2018, the Commission signed a Joint Declaration against Corruption with the Union of
Myanmar Federation of Chambers of Commerce and Industry (UMFCCI). Since then, the
Commission held discussions with 63 Myanmar business entrepreneurs on eight occasions and
with 30 international entrepreneurs on three occasions. Although some domestic companies
cannot immediately eliminate corruption, most companies are eager to reduce corruption
collectively for the country’s reputation and for their companies’ security and sustainability.
Their support for the Public-Private Collaboration against Corruption Framework has
encouraged the implementation of the Commission’s strategy. On 19 October 2018, through
Notification 14/2018, and with the agreement and inputs of the Myanmar Investment
Commission (MIC), Directorate of Investment and Company Administration (DICA), UMFCCI,
and foreign investors, the Commission published principles for the Codes of Conduct (COC) that
should be adopted by private companies.
6. We believe that these eight principles for the Codes of Conduct (COC) will be very helpful for
private entrepreneurs in implementing the International Standardization Organisation’s Anti-
corruption Management Standard (ISO 37001). The major requirements for business integrity are
enthusiastic leadership that is eager to reduce corruption and the capacity of the top-level
management team. The policies and procedures should not only to be adopted by employees and
management, but also by joint ventures, contractors and suppliers. In this way private companies
can prevent corruption to some extent. The Union government has also launched a program for
systematically managing public organizations including government departments.
7. We would like domestic and international business enterprises who have yet to establish their
code of conduct (COC) to draft and adopt one as part of their efforts in applying transparency,
equality and fairness, and accountability and integrity, as agreed by our Joint Declaration against
Corruption and to prevent corruption effectively, which has been widely practiced by regional
and international community.
8. In conclusion, I hope that business enterprises can avoid risks that corruption causes, such as
breaches of the Anti-corruption Law; negative impacts on the business’s long term interests and
professionalism; having to shoulder unnecessary costs, and damage to individual, business or
the nation’s integrity. At the same time, through avoiding these practices, I wish you all
opportunities to make a fair profit.

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Speech by U Aung Kyi, Chair of the Anti-Corruption Commission in Myanmar (English)

  • 1. Unofficial Translation by Myanmar Centre for Responsible Business DEVELOPMENTS IN COMBATTING PRIVATE SECTOR CORRUPTION – A LOOK BACK OVER THE LAST YEAR U Aung Kyi, Chair of the Myanmar Anti-Corruption Commission Seminar on combatting corruption 5.12.2018 1. During the last year, the Commission has worked hard to strengthen processes for the elimination of corruption. The fourth amendment of the Anti-Corruption Law was published on 21 June 2018 after being approved by the President. The new law’s provisions include:  the prevention of the loss of the nation’s financial and physical assets in cases of violations of the law, regulations and procedures for handling of public budgets by public organisations;  the right of the Commission to investigate certain cases if it believes strong evidence exists, including in the form of notorious news in the media, regardless of whether a complaint has been made or not;  the right to issue an Order or Notification governing business integrity;  and incorporating integrity education into primary school curriculum. 2. If we choose Public-Private Partnerships (PPPs) for national development, it is not sufficient to acknowledge the capabilities of this business model. We should also be aware that PPP has a potential for grand corruption, because of the large sums of money involved and the lack of competition, we should therefore work to prevent these risks in advance. 3. Grand corruption is common among public organizations and private companies, including government departments. In order to prevent this kind of corruption, it must be “prevented by individuals and groups that have a strong record of working against corruption” within those public organizations and private firms themselves. This practice may be considered strange compared to other processes of combatting violations, but for a country like Myanmar where
  • 2. corruption is systemic and deep rooted within the society, I believe that this approach is the most appropriate and the fastest way to prevent corruption. 4. Although there is no quick fix to eliminating corruption for countries around the world, the Commission has been working to combat corruption with the help of domestic and international experts including UNODC. While working for economic development of the country, public organisations and private companies, including government departments, have drafted a strategic plan to implement the framework for Public-Private Collaboration against Corruption. This framework has already been approved by the President’s office and it is currently being implemented. Amendments have been made to the law for the fourth time according to this plan. 5. On 2 July 2018, the Commission signed a Joint Declaration against Corruption with the Union of Myanmar Federation of Chambers of Commerce and Industry (UMFCCI). Since then, the Commission held discussions with 63 Myanmar business entrepreneurs on eight occasions and with 30 international entrepreneurs on three occasions. Although some domestic companies cannot immediately eliminate corruption, most companies are eager to reduce corruption collectively for the country’s reputation and for their companies’ security and sustainability. Their support for the Public-Private Collaboration against Corruption Framework has encouraged the implementation of the Commission’s strategy. On 19 October 2018, through Notification 14/2018, and with the agreement and inputs of the Myanmar Investment Commission (MIC), Directorate of Investment and Company Administration (DICA), UMFCCI, and foreign investors, the Commission published principles for the Codes of Conduct (COC) that should be adopted by private companies. 6. We believe that these eight principles for the Codes of Conduct (COC) will be very helpful for private entrepreneurs in implementing the International Standardization Organisation’s Anti- corruption Management Standard (ISO 37001). The major requirements for business integrity are enthusiastic leadership that is eager to reduce corruption and the capacity of the top-level management team. The policies and procedures should not only to be adopted by employees and management, but also by joint ventures, contractors and suppliers. In this way private companies can prevent corruption to some extent. The Union government has also launched a program for systematically managing public organizations including government departments.
  • 3. 7. We would like domestic and international business enterprises who have yet to establish their code of conduct (COC) to draft and adopt one as part of their efforts in applying transparency, equality and fairness, and accountability and integrity, as agreed by our Joint Declaration against Corruption and to prevent corruption effectively, which has been widely practiced by regional and international community. 8. In conclusion, I hope that business enterprises can avoid risks that corruption causes, such as breaches of the Anti-corruption Law; negative impacts on the business’s long term interests and professionalism; having to shoulder unnecessary costs, and damage to individual, business or the nation’s integrity. At the same time, through avoiding these practices, I wish you all opportunities to make a fair profit.