Consultant (Researcher, Liability of Legal Persons)

Result of Service The overall purpose of the assignment is to produce an analysis of the current regulatory and institutional framework as well as capacities to conduct investigations and prosecutions of corruption crimes involving legal persons in Malaysia. The Study should be informed by a desk review of applicable laws and by interviews with law enforcement practitioners. The study is expected to provide relevant information for investigators and prosecutor involved in the enforcement of Section 17A off the MACC act, including through the identification of good practices from other countries and agencies that have successfully prosecuted legal persons for corruption.

Specific outputs to be performed by the consultant:

The consultant will produce a report on the investigation, prosecution and adjudication of corruption cases in Malaysia that involve the liability of legal persons. Drawing on desk reviews, survey data and interviews with stakeholders, the report should contain: - An analysis of the regulatory provisions for the investigation, prosecution an adjudication of corruption cases involving liability of legal persons in Malaysia; - An overview of key stakeholders and mechanisms pertaining to the investigation and prosecution of such cases ; - An in-depth examination of the shortcomings for the successful prosecution of legal persons for corruption in Malaysia and a series of recommendations on how to improve the system from the regulatory, institutional and capacity perspectives on the bases of international bast practices.

Expected tangible and measurable output(s)/deliverable(s): - Methodological approach for the conduction of the study (2 pages) - Draft report as specified above (min 15 pages) - Finalized report including recommendations (min 20 pages)

Deliverable / Output / Working days / To be accomplished by (Date) A. Methodological approach for the conduction of the study (3 days/31 May 2022) B. Draft report (25 Days/31 August 2022) C. Finalized report including recommendations (10 Days/30 September 2022)

Work Location Home based with travel to Malaysia (if possible in July – September 2022)

Expected duration May - September 2022

Duties and Responsibilities The United Nations Office on Drugs and Crime (UNODC) is the global leader in the fight against drugs, organized crime, corruption and terrorism with widely recognized expertise and specialization on issues pertaining to international cooperation in criminal matters. Established in 1997 through a merger between the United Nations Drug Control Programme and the Centre for International Crime Prevention, UNODC operates in all regions of the world through an extensive network of field offices. The work of UNODC is guided by a broad range of international legally binding instruments and a set of United Nations standards and norms on crime prevention and criminal justice.

UNODC, as guardian of the United Nations Convention Against Corruption (UNCAC) and secretariat to the Conference of the States Parties to the Convention, has the mandate to provide support and technical assistance to States parties to effectively implement the Convention. The backbone for UNODC anti-corruption work is the normative framework provided by UNCAC.

Article 12 of the UNCAC requires State Parties to take measures, in accordance with the fundamental principles of its domestic law, to prevent corruption involving the private sector, enhance accounting and auditing standards in the private sector and, where appropriate, provide effective, proportionate and dissuasive civil, administrative or criminal penalties for failure to comply with such measures.

In Malaysia, the 2020 corporate liability provision under Section 17A of the Malaysian Anti-Corruption Commission Act 2009 seeks to render a company criminally liable for acts of corruption by its directors, employees or other associated persons. The provision places an onus upon company management to prove that they have a robust anti-corruption program in place. The legal change is an important step towards enhancing business integrity, reducing the role of corporations in concealing the proceeds of crime, and preventing impunity from corruption.

Under the project “Global Action for Business Integrity” funded by Siemens AG, the UNODC is supporting Businesses in Malaysia developing compliance mechanisms in relation to section 17A of the MACC as well as the national law enforcement authorities with the development of needed procedures and capacities for the investigation and prosecution of legal persons for corruption or fail to prevent it.

Qualifications/special skills Academic Qualifications:

An advanced university degree (Master’s degree or equivalent) in social science, public administration or a related field is required. A first level university degree in similar fields in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree.

Experience: - A Minimum of 10 years of professional experience in relevant research or as a law enforcement practitioner is required; - Experience working on corruption issues, particularly on legal frameworks is desirable; - Working knowledge of Southeast Asia is desirable

Language:

English and French are the working languages of the United Nations Secretariat. For this post, fluency in oral and written English is required. Knowledge of another United Nations official language is an advantage. Knowledge of Bahasa Malaysia is desirable.

No Fee THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.