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


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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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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


Assessment of Current Situation of Anti-Corruption in the Philippines


The Philippines Anti-corruption Strategy

Stand-alone anti-corruption program or anti-corruptionstrategy


The Philippines Anti-corruption Strategy

Umbrella document with separate programs for sectors or ministries

Inter-agency Anti-Graft Coordinating Council


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


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


ACTION PLAN

The anti-corruption strategy has an action plan embodied in the Anti-Corruption Laws


  • ELEMENTS OF THE ANTI-CORRUPTION ACTION PLAN

  • General objectives

  • Specific measures

  • Specific institutions

  • Time-frame

  • Criteria for assessing implementation

  • Budget specially allocated

  • Institution responsible


  • PUBLICATION

The anti-corruption documents and action plans are published


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


  • ANTI-CORRUPTION AGENCIES

  • The Office of the Ombudsman

  • Department of Justice

    • The National Bureau of Investigation

  • The Commission on Audit


  • 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


  • 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


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


  • CRIMINALIZATION OF DIFFERENT TYPES OF CORRUPTION

  • Special Law

  • Criminal Law


  • NEED TO ENACT NEW LEGISLATION

  • Abuse of position/power

  • Influence peddling

  • Kickback

  • Nepotism

  • Political dynasty


RANKING OF CORRUPTION MEASURES

1Preventive policies and measure

2Detective actions

3Punitive measure


  • LAWS AND REGULATIONS GOVERNING THE FINANCING OF POLITICAL PARTIES

The Omnibus Election Code


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


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


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


  • IMPLEMENTATION RATE OF THE RULES/REGULATION IN COMBATING CORRUPTIONS


  • THE PHILIPPINES HAS RATIFIED UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC)

Memorandum of Implementation signed on June 14, 2013


  • The Philippines has begun the UNCAC peer review process


  • 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.)


  • SUCCESS LEVEL OF INTERNATIONAL COOPERATION


  • EFFECT OF MEDIA IN FIGHTING CORRUPTION


  • SOCIETY’S PARTICIPATION IN

  • TACKLING CORRUPTION


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


  • PARTICIPANTS TO ANTI-CORRUPTION EDUCATIONAL AND TRAINING PROGRAMS

  • Public officials

  • Non-governmental organizations

  • Businessmen

  • Media


  • FACTORS THAT INHIBIT THE RESULT OF THE FIGHT AGAINST CORRUPTION


  • THE RESULT OF THE CURRENT FIGHT AGAINST CORRUPTION


  • ROLE OF CITIZENS IN FIGHTING CORRUPTION


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


Money laundering is a criminal offence in the Philippines


  • LAW GOVERNING ANTI-MONEY LAUNDERING


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


RATE OF IMPLEMENTATION OF

ANTI-MONEY LAUNDERING LAW


  • 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


  • The Anti-Money Laundering Council (AMLC) is the

  • official authority in-charge of anti-money laundering


  • ANTI-MONEY LAUNDERING MEASURES WHICH HAVE BEEN APPLIED EFFECTIVELY


  • OUR AMLC ENJOYS INDEPENDENCE


  • OUR AMLC PERFORMS

  • THE FOLLOWING FUNCTIONS


  • RANK OF THE EFFECTIVENESS

  • OF ANTI-MONEY LAUNDERING MEASURES


  • 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


UPDATED RULES AND INFORMATION ABOUT ANTI-MONEY LAUNDERING


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


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


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


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


  • FINANCIAL INSTITUTIONS ARE OBLIGED TO COMPLY WITH FATF RECOMMENDATIONS


Rate of AMLC’s ability to cooperate and exchange financial information at international level


There are cooperation agreements or protocols among the local institutions in our country to share financial information and financial transfers and if it’s involved with money laundering


  • ROLE OF CITIZENS IN FIGHTING MONEY LAUNDERING


The penalties for money laundering incidents are appropriate


FACTORS THAT INHIBIT THE FIGHT

AGAINST MONEY LAUNDERING


PARTICIPANTS TO ANTI-MONEY LAUNDERING EDUCATIONAL AND TRAINING PROGRAMS


Controlling systems are the keystone and deterrent for fighting against money laundering


There arehigh institutions providing training workshops for the employees of controlling agencies about methods to detect money laundering


RESULT OF THE CURRENT FIGHT AGAINST-MONEY LAUNDERING


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