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AUDIT TO DETECT FRAUD AND CORRUPTION: EVALUATION OF THE FIGHT AGAINST CORRUPTION AND MONEY LAUNDERING

AUDIT TO DETECT FRAUD AND CORRUPTION: EVALUATION OF THE FIGHT AGAINST CORRUPTION AND MONEY LAUNDERING. The 10th ASOSAI Research Project. Atty. ALEXANDER B. JULIANO Director – Fraud Audit Office Commission on Audit - Philippines.

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AUDIT TO DETECT FRAUD AND CORRUPTION: EVALUATION OF THE FIGHT AGAINST CORRUPTION AND MONEY LAUNDERING

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  1. AUDIT TO DETECT FRAUD AND CORRUPTION:EVALUATION OF THE FIGHT AGAINST CORRUPTION AND MONEY LAUNDERING • The 10th ASOSAI Research Project • Atty. ALEXANDER B. JULIANO Director – Fraud Audit Office Commission on Audit - Philippines

  2. Assessment of Current Situation of Anti-Corruption in the Philippines

  3. The Philippines Anti-corruption Strategy Stand-alone anti-corruption program or anti-corruptionstrategy

  4. The Philippines Anti-corruption Strategy Umbrella document with separate programs for sectors or ministries Inter-agency Anti-Graft Coordinating Council

  5. The Philippines Anti-corruption Strategy • Section in another policy document, e.g. national development or investment program • Strategies are embodied in Anti-corruption Laws • Specific laws, courts, and prosecutors dedicated to government anti-corruption

  6. CHAPTERS IN THE ANTI-CORRUPTION DOCUMENT • Background chapters • Level of implementation of previous strategy • Objectives and priority areas • Chapters on prevention and criminalisation / law-enforcement measures • Public participation/education • Monitoring and assessment mechanism and criteria

  7. ACTION PLAN The anti-corruption strategy has an action plan embodied in the Anti-Corruption Laws

  8. ELEMENTS OF THE ANTI-CORRUPTION ACTION PLAN • General objectives • Specific measures • Specific institutions • Time-frame • Criteria for assessing implementation • Budget specially allocated • Institution responsible

  9. PUBLICATION The anti-corruption documents and action plans are published

  10. MEASURES EMPLOYED IN FIGHTING CORRUPTION • Open and transparency in the operation of agencies • Development and implementation of entitlements, norms and standards • Administrative reform • Development and enforcement of the code of conduct and the code of professional ethics • Penalty forms to heads of the agencies in case of occurrence of corruption • Salary payment via bank account • Declaration of assets and income • Regulation of returning gift by the public officials • Whistle blowing and prohibition of acceptance of gift/donation

  11. ANTI-CORRUPTION AGENCIES • The Office of the Ombudsman • Department of Justice • The National Bureau of Investigation • The Commission on Audit

  12. MAIN RESPONSIBILITIES/FUNCTIONS OF THE ACA • Monitor and evaluate the implementation of the anti-corruption strategy • Collect, centralize and exploit the denunciations • Conduct investigations  • Disseminate knowledge on anti-corruption activities • Raise public awareness about the fight against corruption • Identify the causes of corruption and to propose to the competent authorities of measures to help eliminate it • Draw a risk map of corruption in the country • Anti-corruption screening of legal acts • Research and analysis on corruption • Keep a database on the statistics regarding cases of corruption year by years • Research and analysis on conflict of interest in the public management

  13. RE-EVALUATION OF BODIES/ AREAS/ ACTIVITIES HAVING HIGH RISK OF CORRUPTION The ACAs regularly re-evaluate the bodies, areas and activities with high risk of corruption in order to employ appropriate measures to mitigate corruption

  14. The ACAshavea hotline and website in order to facilitate citizens’ complaint on corruption.

  15. CRIMINALIZATION OF DIFFERENT TYPES OF CORRUPTION • Special Law • Criminal Law

  16. NEED TO ENACT NEW LEGISLATION • Abuse of position/power • Influence peddling • Kickback • Nepotism • Political dynasty

  17. RANKING OF CORRUPTION MEASURES 1Preventive policies and measure 2 Detective actions 3 Punitive measure

  18. LAWS AND REGULATIONS GOVERNING THE FINANCING OF POLITICAL PARTIES The Omnibus Election Code

  19. The Philippines have laws and regulations governing code of ethics of and declaration of assets by public officials

  20. The Philippines has “accounting and auditing standards” for both public and private sectors

  21. Our public officials have legal obligation to report corruption-related offence

  22. IMPLEMENTATION RATE OF THE RULES/REGULATION IN COMBATING CORRUPTIONS

  23. THE PHILIPPINES HAS RATIFIED UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) Memorandum of Implementation signed on June 14, 2013

  24. The Philippines has begun the UNCAC peer review process

  25. The Philippines is a member of anti-corruption conventions, initiatives or international project (OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; GRECO etc.)

  26. SUCCESS LEVEL OF INTERNATIONAL COOPERATION

  27. EFFECT OF MEDIA IN FIGHTING CORRUPTION

  28. SOCIETY’S PARTICIPATION IN • TACKLING CORRUPTION

  29. PRESENT LEVEL OF ANTI-CORRUPTION EFFORTS COMPARED TO PAST YEARS EXPERIENCE

  30. PARTICIPANTS TO ANTI-CORRUPTION EDUCATIONAL AND TRAINING PROGRAMS • Public officials • Non-governmental organizations • Businessmen • Media

  31. FACTORS THAT INHIBIT THE RESULT OF THE FIGHT AGAINST CORRUPTION

  32. THE RESULT OF THE CURRENT FIGHT AGAINST CORRUPTION

  33. ROLE OF CITIZENS IN FIGHTING CORRUPTION

  34. Assessment of Current Situation of Anti- Money Laundering in the Philippines

  35. Money laundering is a criminal offence in the Philippines

  36. LAW GOVERNING ANTI-MONEY LAUNDERING

  37. R.A. 9160 could not cover all money laundering aspects to deal with this phenomenon

  38. RATE OF IMPLEMENTATION OF ANTI-MONEY LAUNDERING LAW

  39. The Philippines has a national Financial Intelligent Unit (FIU) functioning as national center for the collection, analysis, and dissemination of information regarding potential money laundering offences

  40. The Anti-Money Laundering Council (AMLC) is the • official authority in-charge of anti-money laundering

  41. ANTI-MONEY LAUNDERING MEASURES WHICH HAVE BEEN APPLIED EFFECTIVELY

  42. OUR AMLC ENJOYS INDEPENDENCE

  43. OUR AMLC PERFORMS • THE FOLLOWING FUNCTIONS

  44. RANK OF THE EFFECTIVENESS • OF ANTI-MONEY LAUNDERING MEASURES

  45. The citizens may inform (denounce) the country’s AML Board about a suspected case of money laundering via website of the AML Board or via letter

  46. UPDATED RULES AND INFORMATION ABOUT ANTI-MONEY LAUNDERING

  47. The AMLC requires all financial institutions to have anti-money laundering (AML) & Know Your Customer (KYC) procedures

  48. FINANCIAL INSTITUTIONS HAVE TO COMPLY WITH LEGAL OBLIGATIONS CONCERNING ANTI-MONEY LAUNDERING LAW

  49. FINANCIAL INSTITUTIONS ARE OBLIGED TO COMPLY WITH LEGAL OBLIGATIONS OR ADMINISTRATIVE POLICIES IN TERMS OF CLIENT DUE DILIGENCE PROCEDURES

  50. MOST COMMON TYPES OF SUSPICIOUS TRANSACTION REPORTS (STR) FROM FINANCIAL INSTITUTIONS

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