PETALING JAYA: Civil servants must report gifts they are given, promised or offered if the gifts contain an element of gratification, under revised rules aimed at strengthening oversight of gift-giving in the public service.
The revised guidelines issued by the Public Service Department on the acceptance and giving of gifts, hospitality and sponsorship require officers to report such gifts to the relevant authorities, subject to applicable laws and regulations.
Heads of department must also conduct periodic monitoring of departments under their supervision and report any violations or complaints involving abuse of power linked to gift procedures.
Officers must seek approval where required, with heads of department considering factors including whether acceptance could give rise to suspicion of abuse of power, the relationship between the officer and giver, and the interests and reputation of the department.
For gifts received by a department, applications for approval must include details of the donor, the purpose and nature of the gift, the relationship between the donor and the department, and the gift’s estimated value.
The guidelines prohibit departments from soliciting gifts and require approval from the ministry secretary-general or controlling officer before accepting any gifts.
Where appropriate, donors must provide an undertaking that the gift will not result in any return of favour, reward or similar benefit from the department.
Departments must also ensure that donors have no interests with the government, do not expect any return, and that the gift benefits the department and offers value for money.
The government must not be tied to the donor company for subsequent procurement involving spare parts, software, licences or maintenance.
As another safeguard against conflicts of interest, civil servants are barred from allowing private parties or individuals to publish paid messages of appreciation or condolences about them in the mass media. The prohibition covers paid messages on television, radio, newspapers, billboards, buntings and posters.
As a preventive measure, all government facilities must display “no gift policy” posters at entrances and other suitable locations to discourage gift-giving on government premises.
Failure to comply with the revised guidelines may result in disciplinary action under the Public Officers (Conduct and Discipline) Regulations 1993.
The revised guidelines took effect on Sept 30 and may also be extended to state public services, statutory authorities and local authorities, subject to adoption by the respective authorities.
