Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there evidence that these measures are being carried out?
Malaysia score: 100/100
Offences are not defined; no evidence of other formal mechanisms. Or the military are exempt from law.
Bribery and/or corruption are not defined offences in law that apply to the defence sector, but there are wider legal mechanisms in place (e.g. national laws supported by policies, regulations, or other laws) used to address this.
Bribery and/or corruption are defined offences in law that clearly apply to the defence sector, but 2 or more of the following mechanisms are not provided for: offering, giving, receiving, or soliciting bribes. Sanctions exist in law, but maximum penalties constitute less than 1 year imprisonment or weak fines that would not act as a deterrent.
Bribery and/or corruption are defined offences in law that clearly apply to the defence sector, but 2 or more of the following mechanisms are not provided for: offering, giving, receiving, or soliciting bribes. Possible sanctions include criminal prosecution/ incarceration, dismissal, and considerable financial penalties.
There are a range of clearly defined offences in law that clearly apply to the defence sector. These offences cover (at a minimum) offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty. Possible sanctions include criminal prosecution/ incarceration, dismissal, and considerable financial penalties.
The Malaysia Anti-Corruption Commission (MACC) Act and the Penal Code outlaw bribery and corruption for all government ministries, including in the defence sector. The prohibition of bribery and corruption is also highlighted in the Armed Forces Act 1972.  Section 16 of the MACC Act states that “any person who by himself, or by or in conjunction with any other person –
(a) corruptly solicits or receives or agrees to receive for himself or for any other person; or
(b) corruptly gives, promises or offers to any person whether for the benefit of that person or of another person, any gratification as an inducement to or reward for, or otherwise account of –
(c) any person doing or forgoing to do anything in respect of any matter or transaction, actual or propose or likely to take place; or
(d) Any officer of a public body doing or forgoing to do anything in respect of any matter of transaction, actual or propose or likely to take place, in which the public body is concerned,
commits an offence”.  The MACC Act further highlights that “the act of soliciting, giving, accepting or receiving gratification, directly or indirectly, to/from a person in authority either in the form of money, services or valuable goods as an inducement or reward to do or not to do an act in relation to the person’s principal affairs; as undertaking the act of corruption.
In fact, the act of bribery (Section 16 and 17(a)), fraud (Section 18), abuse of power (Section 23) & monet laundering are all acts of corruption.” 
The Penal Code outlines, under Chapter IX, Section 161 to Section 165, a wide range of corruption-related offences public servants can be held accountable for:
S161. Public servant taking a gratification, other than legal remuneration, in respect of an official act
S162. Taking a gratification in order, by corrupt or illegal means, to influence a public servant
S163. Taking a gratification, for the exercise of personal influence with a public servant
S164. Punishment for abetment by a public servant of the offences above defined
S165. Public servant obtaining any valuable thing, without consideration, from a person concerned in any proceeding or business transacted by such public servant. 
Subsequently, Chapter XI covers false evidence and offences against public justice, Chapter XVII underlines offences relating to property, including extortion, criminal breach of trust, and cheating, while Chapter XVIII covers offences relating to documents and to currency notes and bank notes.
Part V of the Armed Forces Act 1972  highlights service offences and punishments for armed forces officials.
For more serious bribery, the penalty is imprisonment of up to 20 years and a fine of no less than five times the sum/value of the gratification where it is capable of being valued or is of a pecuniary nature, or MYR10,000, whichever is higher.
There is also a general penalty of a fine of up to MYR10,000 or imprisonment of up to two years, or both.
1. MACC (Amendment) Act 2018, available at https://www.dhl.com/content/dam/dhl/local/my/core/documents/pdf/my-core-addinfo-macc-gazetted-2018.pdf.
2. “MACC Principle”, Organisational Info, About MACC, Malaysian Anti-Corruption Commission, https://www.sprm.gov.my/index.php/en/corporate-info/mengenai-sprm/organisation-info/macc-principle?id=1007.
3. Penal Code, available at http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Penal%20Code%20%5BAct%20574%5D2.pdf.
4. Armed Forces Act 1972, available at http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Armed%20Forces%20Act%201972%20%20second%20draft%20as%20at%2011%206%202016.pdf.
Malaysia score: 75/100
There is a complete failure to investigate or prosecute, even in the face of clear evidence.
Instances of bribery or corruption are superficially investigated or rarely disclipined.
Instances of bribery or corruption are investigated but not often disciplined. There is clear undue influence in the decision making process.
Instances of bribery or corruption are investigated or disciplined through formal processes, but undue political influence is attempted and sometimes effective at derailing prosecutions.
Instances of bribery or corruption are investigated or disciplined through formal processes and without undue political influence.
The MACC has demonstrated effective enforcement in combating corruption. In January 2019, two navy officers were arrested for falsifying claims on the supply of curtains to the tune of RM60,000.    Another navy officer was arrested as a suspect for involvement in falsifying claims on the rental of three buses during a training session in October 2017.  Those prosecuted for corruption are listed in a public name and shame list on the MACC website.  The fight against corruption also extends to higher ups, reflecting the new government’s commitment to combat corruption on an even greater scale. To name a few, six high-ranking individuals have since been arrested for numerous corruption charges.  Before the establishment of the new government however, large corruptions cases were hindered by political influences such as in the 1MDB investigations.   It is important to note that such efforts have only been stepped up under the new government after the 2015 elections.
1. “MACC Detain Senior Military Officer in Pahang for Alleged Corruption”, Astro Awani, February 23, 2017, http://english.astroawani.com/malaysia-news/macc-detain-senior-military-officer-pahang-alleged-corruption-133485.
2. Austin Camoens, “Navy to Cooperate with MACC Over Alleged Misconduct Involving Two Officers”, The Star Online, January 8, 2019, https://www.thestar.com.my/news/nation/2019/01/08/navy-to-cooperate-with-macc-over-alleged-misconduct-involving-two-officers.
3. Suhaila Shahrul Annuar, “Navy Officers Among Three Roped by Langkawi MACC Over Probe Into False Claims”, New Straits Times, January 8, 2019, https://www.nst.com.my/news/nation/2019/01/448160/navy-officers-among-three-roped-langkawi-macc-over-probe-false-claims.
4. Jacqueline Raphael, “Navy Man Arrested for Making False Claim Invoices”, Borneo Post Online, January 25, 2019, https://www.theborneopost.com/2019/01/25/navy-man-arrested-for-making-false-claim-invoices/.
5. “Corruption Offenders Database”, Enforcement, Malaysian Anti-Corruption Commission, https://www.sprm.gov.my/en/enforcement/corruption-offenders-database.
6. Jia Vern Tham, “6 Malaysian Politicians Arrested For Corruption Since GE14”, Says, May 9, 2019, https://says.com/my/news/politicians-arrested-for-corruption-since-ge14.
7. Hannah Ellis-Petersen, “Former Malaysian PM Accused of Blocking 1MDB Investigations”, The Guardian, May 14, 2018, https://www.theguardian.com/world/2018/may/14/former-malaysian-pm-najib-razak-accused-of-blocking-1mdb-investigation.
8. “Najib’s Office Ordered Changes to 1MDB Audit Report”, The Malaysian Reserve, November 26, 2018, https://themalaysianreserve.com/2018/11/26/najibs-office-ordered-changes-to-1mdb-audit-report/.
Compare scores by country
Please view this page on a larger screen for the full stats.
|Country||35a. Sanctions||35b. Enforcement|
|Albania||100 / 100||50 / 100|
|Algeria||100 / 100||50 / 100|
|Angola||100 / 100||75 / 100|
|Argentina||100 / 100||50 / 100|
|Armenia||100 / 100||100 / 100|
|Australia||100 / 100||100 / 100|
|Azerbaijan||50 / 100||25 / 100|
|Bahrain||50 / 100||25 / 100|
|Bangladesh||100 / 100||75 / 100|
|Belgium||100 / 100||100 / 100|
|Bosnia and Herzegovina||100 / 100||25 / 100|
|Botswana||100 / 100||100 / 100|
|Brazil||100 / 100||75 / 100|
|Burkina Faso||100 / 100||25 / 100|
|Cameroon||100 / 100||0 / 100|
|Canada||100 / 100||50 / 100|
|Chile||100 / 100||75 / 100|
|China||100 / 100||50 / 100|
|Colombia||100 / 100||75 / 100|
|Cote d'Ivoire||100 / 100||0 / 100|
|Denmark||100 / 100||100 / 100|
|Egypt||25 / 100||0 / 100|
|Estonia||100 / 100||100 / 100|
|Finland||100 / 100||100 / 100|
|France||75 / 100||75 / 100|
|Germany||100 / 100||100 / 100|
|Ghana||75 / 100||50 / 100|
|Greece||100 / 100||25 / 100|
|Hungary||100 / 100||50 / 100|
|India||75 / 100||75 / 100|
|Indonesia||100 / 100||50 / 100|
|Iran||75 / 100||50 / 100|
|Iraq||25 / 100||0 / 100|
|Israel||100 / 100||75 / 100|
|Italy||100 / 100||75 / 100|
|Japan||100 / 100||100 / 100|
|Jordan||100 / 100||25 / 100|
|Kenya||100 / 100||50 / 100|
|Kosovo||25 / 100||75 / 100|
|Kuwait||25 / 100||0 / 100|
|Latvia||100 / 100||75 / 100|
|Lebanon||50 / 100||NEI|
|Lithuania||100 / 100||100 / 100|
|Malaysia||100 / 100||75 / 100|
|Mali||100 / 100||0 / 100|
|Mexico||75 / 100||25 / 100|
|Montenegro||100 / 100||25 / 100|
|Morocco||0 / 100||25 / 100|
|Myanmar||0 / 100||25 / 100|
|Netherlands||100 / 100||75 / 100|
|New Zealand||100 / 100||100 / 100|
|Niger||100 / 100||0 / 100|
|Nigeria||100 / 100||25 / 100|
|North Macedonia||100 / 100||75 / 100|
|Norway||100 / 100||100 / 100|
|Oman||25 / 100||25 / 100|
|Palestine||100 / 100||50 / 100|
|Philippines||100 / 100||50 / 100|
|Poland||100 / 100||75 / 100|
|Portugal||100 / 100||100 / 100|
|Qatar||25 / 100||25 / 100|
|Russia||100 / 100||75 / 100|
|Saudi Arabia||100 / 100||25 / 100|
|Serbia||75 / 100||50 / 100|
|Singapore||100 / 100||100 / 100|
|South Africa||100 / 100||100 / 100|
|South Korea||100 / 100||100 / 100|
|South Sudan||50 / 100||25 / 100|
|Spain||75 / 100||50 / 100|
|Sudan||25 / 100||0 / 100|
|Sweden||75 / 100||100 / 100|
|Switzerland||100 / 100||100 / 100|
|Taiwan||100 / 100||75 / 100|
|Tanzania||100 / 100||75 / 100|
|Thailand||50 / 100||0 / 100|
|Tunisia||100 / 100||75 / 100|
|Turkey||100 / 100||50 / 100|
|Uganda||100 / 100||50 / 100|
|Ukraine||100 / 100||75 / 100|
|United Arab Emirates||50 / 100||25 / 100|
|United Kingdom||100 / 100||100 / 100|
|United States||100 / 100||100 / 100|
|Venezuela||75 / 100||0 / 100|
|Zimbabwe||100 / 100||75 / 100|